Court upholds limit on political activity

A state appeals court Monday upheld a state law that prohibits public employees from using any public facilities or resources for political activity.

The case involved two Ballard High School teachers fined by the state Public Disclosure Commission for using the school e-mail system to tell teachers to put completed petitions for two 2004 education ballot measures in a school mailbox.

The commission said using e-mail violated state law designed to prevent public resources from being used for campaigning.

Judges on the Division 1 Court of Appeals said the law was "reasonable and viewpoint-neutral." They upheld a decision by a King County Superior Court judge.

"The internal mail and computer systems exist to facilitate communication between teachers to ensure efficient sharing of information, and the restrictions on their use do not eliminate or obstruct that purpose — except to prohibit any use that would constitute political advocacy," the appeals court wrote.

"The statute was enacted to ensure that public resources are not used to provide advantages to a particular candidate or ballot measure, and the restriction on the use of school systems furthers that purpose."

Teachers Ed Herbert and Dennis Nusbaum argued that any use of public facilities was incidental and part of "normal and regular" school business and not a violation of the law.

Attorneys for the teachers said they could not see a distinction between e-mailing a reminder about petitions, which is prohibited, and having a political discussion in the school lunchroom, which would be allowed, even though the room is heated, lit and maintained at public expense.

"But the distinction is this: Pure political speech is permitted, but using the facilities to deliver speech is prohibited," the court wrote.

The teachers and the Seattle Education Association were trying to garner support for Referendum 55, which overturned a state law allowing charter schools, and unsuccessful Initiative 884, which would have raised taxes to help fund schools.

David Postman: 360-236-8267 or dpostman@seattletimes.com