The Columbian
July 13^th, 2000

Judge rescinds own fine against the NEA
By Paul Queary

OLYMPIA -- A judge has rescinded his own order fining the National Education Association $800,000 in a campaign finance case.

Thurston County Superior Court Judge Daniel Berschauer issued the judgment July 1 after the teachers union missed a deadline to respond to a campaign finance lawsuit filed by the Evergreen Freedom Foundation.

The union response to the lawsuit arrived shortly after Berschauer's order was issued, and NEA lawyers disputed the deadline. Yesterday's order will allow the case to go to trial normally.

"We are confident that given the opportunity to make our case in a full and fair hearing, we will show that NEA has followed the regulations and laws of the state of Washington," said Bob Chase, president of the NEA.

The foundation, an Olympia-based think-tank and longtime adversary of teachers unions, sought the default judgment late last month.

Berschauer ruled in favor of the foundation's claim that the NEA violated state law against spending -- for political purposes -- fees paid to the union by non-member teachers when it poured more than $500,000 into recent initiative campaigns.

But the union argued that it wasn't served with the lawsuit until May 2, which would have created a later deadline to respond.

Affidavits filed by the foundation indicate the union was served April 23, but union officials dispute them.

The case pits the tiny foundation against the largest teachers union in the country. The union's Washington affiliate, the Washington Education Association, was slapped with a $400,000 judgment in a similar case.

Union leaders denounce the foundation as a front used by national conservative groups to attack teachers unions and push conservative education policies.

The law cited in the lawsuit is designed to protect people from having unions spend their money on causes they don't support. However, nearly all the money in question was spent on a campaign to increase teacher pay.

The foundation filed the lawsuit April 8 after the Public Disclosure Commission referred its complaint to Attorney General Christine Gregoire for negotiation of a settlement.

The foundation wanted the case prosecuted more aggressively.

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

Quotables:

"To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical." - Thomas Jefferson

"If all mankind minus one were of one opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind." - John Stuart Mill