WEA seeks up to $1 million and "gag order" against EFF
The Washington Education Association filed two legal motions on Friday against the Evergreen Freedom Foundation seeking attorneys fees while also pursuing a countersuit against EFF for "fomenting discontent."
"We are disappointed, but not surprised by these bullying tactics of WEA union bosses," said Lynn Harsh, EFF’s Executive Director. "For the past three years, WEA officials have tried to intimidate and silence our staff and the courageous teachers who blew the whistle on union official’s illegal activities."
The motions come on the heels of EFF’s lawsuit against the WEA which sought to prove the union operated as a political committee during the 1996 elections. The Foundation filed its citizen’s action lawsuit on behalf of the people of the state of Washington after uncovering evidence of $1.5 million in expenditures by the union.
WEA attorneys have asked the court to award the union its attorneys’ fees from the lawsuit. In media interviews, union bosses have placed their legal costs associated with the case at $1 million.
"Judge William T. McPhee refused the union’s motion to dismiss this case early on," EFF’s Harsh said. "Clearly, union officials know that if our charges were not frivolous then, they are not frivolous now. Our investigation resulted in nearly half a million dollars in fines and penalties against the union and its officials. The real intent of union leaders is to break the Evergreen Freedom Foundation and send a message to any other would-be whistle blower not to mess with them.
"Plus, the WEA officials must justify to their members why they spent $1 million to defend the union’s ‘right’ to take money from teachers without first asking permission or telling them how the money was spent."
In a countersuit filed against the Evergreen Freedom Foundation, the WEA also apparently seeks to prohibit the Foundation from informing teachers of their rights under the U.S. Constitution and Washington state law. The countersuit also seeks penalties for what the WEA calls "fomenting discontent."
"What they want, in essence, is a gag order," Harsh said of the WEA request that the court issue an injunction against EFF. "They want to silence us because they know that knowledge is power. They do not want teachers to know their rights under Washington state law."
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"