State Ex Rel Evergreen v WEA :: 140 Wn2d 615
Category: Land Use and Property Rights
The fact is that one of the major reasons for Initiative 134, which became law, was to control the use of membership dues used by the unions for political activity and campaign donations. Evergreen Freedom Foundation (EFF) began this suit against the Washington Education Association (WEA) after the union spent over $700,000 of membership dues against the school vouchers initiative.
The intent of the law was clear, the wording was ambiguous. However, the court allowed the union to hide behind the mask of ambiguity and to set up straw men regarding the relationship of the union to the members and the disbursement of funds to campaigns. Thus, the intent of the law was circumvented. This is the type of case, where, had the situation been reversed, the court would have felt a compelling urge to repair the law for the Legislature. We don’t condone this no matter what side of the law they would repair but our point is that judicial activism always restrains itself against political machines.
Justice Sanders pointed out the proper position for the court. This position would not have changed the ruling against the union. However, he would have placed the burden upon the school districts, as it should be the way the law is written. [at 658]. This would have the same effect for the members, in that their dues could not be used for political activities and campaign donations without their written authorization; which is the intent of the law.
Rating the Usual Suspects:
| pass | Brown, Jeanne | |
| pass | Johnson, James Martin | |
| pass | Newman, Shawn | |
| pass | O'Ban, Steven | |
| pass | Ritter, Daniel | |
| pass | Sanders, Richard | |
| pass | Taylor, Nathaniel Lee | |
| fail | Agid, Susan | |
| fail | Alexander, Gerry | |
| fail | Foster, Clifford | |
| fail | Guy, Richard | |
| fail | Ireland, Faith | |
| fail | Johnson, Charles | |
| fail | Kerr, Joni | |
| fail | Lonnquist, Judith | |
| fail | Madsen, Barbara | |
| fail | McPhee, William Thomas | |
| fail | O'Toole, Catherine | |
| fail | Oswald, James | |
| fail | Smith, Charles | |
| fail | Strasberg, Harriet | |
| fail | Talmadge, Phil |