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Judge Sides With Fulton County Schools in Amendment Advocacy Hearing

October 10th, 2012

A Fulton County Superior Court judge decided not to grant a temporary restraining order or preliminary injunction against several school districts being sued by a group of taxpayers and a Republican Party official in Jackson County.

Those filing the lawsuit accuse the Fulton and Gwinnett County School systems of using taxpayer resources to campaign against a proposed amendment for charter schools.

One of the main issues in the case surrounded a Question and Answer document that appeared on the Fulton County School District’s website.

Lawyers for those filing the lawsuit say even though the school system claimed to be neutral…the document actually advocated against the amendment.

Attorney Glenn Delk represents the taxpayers.

“If you read the Q & A your Honor, we would submit you can clearly see what their position is.”

But attorney Randall Farmer who represents the Fulton County School district argued the school system had no hidden agenda.

“The Q & A attempts to answer basic questions about what the amendment is about. It doesn’t take a position. In fact, as I said earlier it specifically says there is no position taken by the school district.”

Superior Court Judge Wendy Shoob also questioned Delk about whether or not placing information on a website actually qualifies as using taxpayer resources, because she says it doesn’t cost anything.

“It’s one thing to say we’re going to take $100,000 and we’re going to hire a PR firm and we’re going to print bumper stickers and yard signs and we’re going to campaign as opposed to registering an opinion on a website.”

But Delk argued when school district employees prepare documents to be placed online they are being paid by taxpayers. Ultimately, Shoob decided that the taxpayers filing the lawsuit didn’t make a good enough case against the school district. That decision disappoints those filing the lawsuit like Rae Anne Harkness. Harkness has two children in Ivy Preparatory Academy, a charter school in Gwinnett County.

“I feel the school resources are clearly being used. It doesn’t matter whether it’s $10 or $1,000. It’s against the law.”

Meanwhile, Shoob did not hear arguments from the Gwinnett County School system, because she determined taxpayers did not have the jurisdiction to bring the matter before Fulton County. As a result, Shoob says the case will be transferred to Gwinnett County.

Gwinnett County School Superintendent Alvin Wilbanks issued a statement Tuesday saying he’s done nothing wrong or improper. He says the lawsuit is “simply another attempt to bully, intimidate, and silence” those trying to clarify the amendment.