Contact: Marsha Richards, Communications Director
(360) 956-3482

EFF will not appeal NEA sanctions case

OLYMPIA, WA - Despite disagreeing with the order, the Evergreen Freedom Foundation (EFF) has agreed to pay $15,000 in sanctions to the National Education Association (NEA) for what Thurston County Superior Court Judge Daniel Berschauer called an improper use of the judicial process earlier this fall.

Berschauer made no findings of fact in his ruling, leaving EFF no reasonable grounds for appeal.

The NEA requested sanctions against EFF after the Foundation issued a press release in July announcing an $800,000 default judgment against the union. The story generated widespread press coverage, which NEA officials say harmed the union’s reputation.

The default judgment against the NEA was ordered by Berschauer on July 1 after the union failed to meet a court deadline to respond to a lawsuit filed by EFF. NEA officials originally claimed EFF filed fraudulent papers in court to deceive the judge into issuing the judgment.

Berschauer said EFF did not commit fraud. Further, he made it clear that the Foundation complied with the technical aspects of the law. But he felt EFF acted in bad faith by seeking a default judgment and publicizing it.

“We respectfully disagree with the judge’s ruling and we think it should be irrelevant if NEA officials are embarrassed by negative publicity,” said Bob Williams, EFF’s president. “The NEA has a long track record of stone-walling in courts and when that behavior gets them in trouble, they should be embarrassed.”

Williams said the Foundation will continue its battle to protect the free speech and fair election rights of teachers and other union workers.

“The NEA would like nothing more than to sidetrack and bankrupt us using money it takes from unwilling teachers,” said Williams. “We’re in this until the union stops exploiting those teachers’ paychecks and free speech rights.”

Acting on EFF’s investigation of the NEA, Washington State Attorney General Christine Gregoire filed a lawsuit in October charging the NEA with illegally using fees paid by teachers to influence elections. The case is almost identical to the one Gregoire filed against the NEA’s state affiliate, the Washington Education Association, in October 2000, which resulted in a $400,000 fine against the union.

Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org