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PRESS RELEASE

December 30, 2003

Appeals Court rules in EFF’s favor
Decision restores meaningful citizen enforcement provision

In a decision published December 23, Washington’s Court of Appeals ruled that a lawsuit filed by the Evergreen Freedom Foundation (EFF) against the National Education Association (NEA) last year was improperly dismissed.

EFF filed a citizen action suit against the NEA in April 2002, charging the union with taking money from non-member* teachers in Washington and illegally using it to influence state elections.

Under the state’s "citizen action" provision, individuals who notify the Attorney General (AG) of state campaign finance violations can file suit on behalf of the state if the AG’s office fails to commence enforcement action within 55 days of receiving the complaint. The provision secures the right of citizens to ensure that laws protecting free and fair elections are enforced.

EFF made the decision to file suit after staff of the state’s Public Disclosure Commission (PDC) found the NEA guilty of violations and recommended the AG seek a settlement with "substantial" penalties, but stated: "If a settlement cannot be reached . . . staff do not recommend that the Attorney General proceed with litigation based on the current budget cutbacks and the cost of such litigation."

In August 2002, a ruling by Superior Court Judge Paula Casey dismissed EFF’s citizen action, saying the AG’s referral of the complaint to the PDC for investigation counted as "commencing enforcement action" and precluded EFF’s involvement. The Court of Appeals disagreed.

"We’re very pleased the Court of Appeals has clarified this issue and restored the right of citizens to make sure laws protecting free speech and fair elections are enforced," said EFF president Bob Williams. "The lower court ruling made the citizen action provision meaningless."

The Foundation is currently reviewing its legal options in the case against the NEA. The public outcry resulting from the PDC’s initial recommendation that a settlement be negotiated without threat of prosecution prompted the AG to file her own lawsuit against the NEA in October 2002. The case is on hold pending the outcome of other appeals.

* Agency fee payers are teachers who are not members of the union but are still required to pay fees equal to 100 percent of the union’s mandatory dues. Washington state law expressly prohibits the union from spending any of that money for political purposes without individual authorization from teachers.

Additional Information:

Attorney General files suit against NEA
October 4, 2002
http://www.effwa.org/press_releases/2002_10_04.php

Judge throws case back to PDC
August 23, 2002
http://www.effwa.org/press_releases/2002_08_23.php

EFF files suit against NEA
April 9, 2002
http://www.effwa.org/press_releases/2002_04_09.php

Contact: Marsha Richards | Communications Director | 360.956.3482


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


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