Judge allows EFF lawsuit against NEA to go to trial
OLYMPIA, WA-7/13/02 - In a routine decision this morning, Thurston County Superior Court Judge Daniel Berschauer vacated his July 1 default judgment against the National Education Association, allowing charges brought against the union by the Evergreen Freedom Foundation to progress to trial. The Olympia-based policy research organization filed the lawsuit against the national union in April after staff of Washington's Public Disclosure Commission (PDC) found the NEA guilty of violating a Washington state law that prohibits the unauthorized use of agency fees for political activity. The default judgment-an $800,000 fine and permanent injunction-came last week after the NEA missed a court deadline to respond to EFF's lawsuit. "Last week's judgment reminded the NEA that we are serious about pursuing this case and protecting teachers' rights," said Bob Williams, EFF's president. "We are confident we will win on the merits of our evidence in trial and we look forward to the opportunity to get the facts out in the open." The NEA's Washington state affiliate (WEA) lost an identical case last year after an EFF investigation and complaint prompted state Attorney General Christine Gregoire to sue the union in October 2000. The WEA was hit with $770,000 in fines and penalties after the judge ruled the union intentionally violated state law. NEA attorneys claim they missed the recent court deadline because EFF filed false documents in court. Judge Berschauer stated in today's hearing that the NEA has no evidence to substantiate such allegations against the foundation. A spokesman for ABC Legal Services, Inc., a national legal messenger service, confirmed in a court declaration that the NEA was served on the date relied upon by the court, not the later date the union claims. "ABC Legal has an excellent reputation and our entire court system relies on the integrity of their actions," said Williams. "Either NEA officials are mistaken or lying about the date they were served, or the legal messenger perjured himself. We intend to get to the bottom of that issue." Evergreen Freedom Foundation In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml]
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