Anti-levy groups sue state over ban on distortions

An anti-levy group whose tactics were described by Robbinsdale's superintendent as "racist, without conscience and untruthful" filed suit against the state Thursday, claiming its First Amendment rights have been violated.

The 281 CARE Committee, whose campaign helped defeat tax levy for the Robbinsdale School District on Tuesday, sued the state over its statute that bans factual distortions relating to school referendums.

"I'm amazed that any side in any election would take a preemptive move to say, 'We want to have the right to lie or use untruths in our election,'" Charlie Kyte, executive director of the Minnesota Association of School Administrators and a former Northfield superintendent, said of the suit.

The suit, against the state's Office of Administrative Hearings and not a school district, was filed jointly by the 281 CARE (Citizens Acting for Responsible Education) and the W.I.S.E. Citizen Committee that opposed a levy in the Howard Lake-Waverly-Winsted School District. The suit went to federal court to preempt an expected suit by Robbinsdale Superintendent Stan Mack and the Robbinsdale district, said attorney Erick Kaardal, of Minneapolis, who represents the two anti-levy groups.

Mack said he will "explore all options," but the district has not decided on filing suit against 281 CARE.

But, Kaardal said, "We wanted to be first."

In a press release, 281 CARE and W.I.S.E. said that its rights had been violated because of the "enforcement of Minnesota's statute banning false speech relating to school bond levy referenda."

Paul Dorr, the Iowa consultant who helped organize the Robbinsdale anti-referendum campaign and has helped sink dozens of school levy and bond referendums in Iowa, Nebraska, South Dakota, Missouri and Minnesota, said he didn't think there was anything racist about the Robbinsdale campaign. But he said he distanced himself from the effort because of his involvement in U.S. Rep. Ron Paul's presidential campaign.

Mack attributed the defeat of the district's levy request to an "onslaught" of anti-referendum phone calls and mailings "that have no basis in fact" directed at residents leading up to Tuesday's vote, in which the referendum was defeated 53 percent to 47 percent.

Robin Smothers, a mother of three and co-chairwoman of the pro-levy RAS Vote YES Committee, said she was "sickened" by a recorded phone message that district residents received Monday. The 36-second message included the thought that "district problems are brought in with nonresident students."This implies that kids from north Minneapolis are the ones in gang fights and involved in bomb threats [at Robbinsdale schools]," Smothers said. "They don't say the words, but they paint the picture."

In its campaign against the levy, 281 CARE also charged that Robbinsdale is taking too many nonresident students through open enrollment. Minnesota law says that schools have to accept, as a minimum, the equivalent of 1 percent of the district's residential enrollment. Mack said that no district says no to open enrollment students if it has space. It would be "financially suicidal," said Mack. He added that the district does not recruit or spend money on recruiting.

Hurting kids or fight for right?

In Tuesday's vote, Robbinsdale lost its bid to renew a current levy that officials said would have maintained programs and allowed more teachers to be hired to reduce class sizes. The Howard Lake district, whose two levy questions were also defeated, sought money for school operations such as supplies and staff positions.

Mack reacted to the suit, saying: "Adults behaving badly have hurt children and continue to hurt our children."

Ron Stoffel, of Crystal, the treasurer and only 281 CARE member whose name appears on the lawsuit, said Thursday the group declined to comment. Mack said he had met Stoffel last week and described him as an accountant.

Jackie Wells, a parent from Golden Valley, said she was so "disturbed" by Monday's phone call and the implication that "all problems come from open enrollment" and postcards' insinuations that "$5.5 million could be saved by throwing out 1,000 students" that she called Dorr, the Iowa consultant.

Dorr, whose one-man office is located 15 miles south of Worthington, Minn., in Ocheyedan, Iowa, said he was aware of the lawsuit.

"The threat of free speech continues to exist under this onerous Minnesota law, regardless of whether you win or lose," he told the Star Tribune. "The abuse of free speech is going on in all these school districts. Sometimes you get a belly full and say enough's enough."

According to documents filed with the Robbinsdale district, the 281 CARE Committee spent more than $9,000 in advertising on a billboard, lawn signs and professional services by mid-October, in its campaign against the levy. At least two citizens contributed $2,500 apiece.

"That's more than they would have spent over the years, had the referendum been passed," Smothers said.

Paul Levy • 612-673-4419

Paul Levy • plevy@startribune.com