Were Your Civil Rights
 Violated?
 

During the March 2004 Town and School District election, Epping Residents for Principled Government (ERPG), Inc., protested the actions of certain Town, and School District public officials and their employees.  The subject of the protest was the unlawful use of public assets to sway the outcome of an election. That is, Town and School District property and assets, paid for by ALL Epping Taxpayers was used to benefit not all but a minority of taxpayers.  ERPG filed a formal protest of these actions with the U.S. Attorney's General Office and the New Hampshire Attorney's General Office to put them on notice regarding the March 2004 violations ( summarized below). ERPG  based its stand on a 1973 Federal Circuit Court Opinion, Bonner-Lyons et al., Plaintiffs, Appellants v. School Committee of the City of Boston et al., Defendants, Appellees, 480 F.2d442, which argued the used of public assets to influence the outcome of elections, asserting  that the actions of certain town and school officials and their employees during the March 2004 Town election infringed the civil rights of Epping residents who held differing views.

In the aforementioned case, the Boston School Committee used the school distribution system to disseminate information to parents urging them to attend a rally to oppose forced busing as a way to integrate schools. At that time, the First Circuit Court determined that public assets may not be used to develop a particular viewpoint without affording a "fair and reasonable timely opportunity [being] afforded to others having differing views to use the same channels…in furtherance of such differing views."  

Read the Bonner-Lyons  Court Opinion for yourself.

What did ERPG see as violations by The Board of Selectmen, The Planning Board, The Conservation Commission and the School Board?

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The Board of Selectmen produced a flyer using language that encouraged the passage of certain warrant articles. Herein public resources were used to produce, duplicate and bulk mail this flyer to all Epping Residents. Were your civil rights violated?

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The Conservation Commission and the Planning Board also used Taxpayer paid assets to produce and mail a flyer using language that promoted  their interests and issues, respectively. Were your civil rights violated?

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The School Board and certain School District employees over whom the Board has jurisdiction engaged in activities, which used public resources to advocate a single point of view. For example:
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The School Board allowed the use of public resources by a political action group known as The Epping Advocates, a private organization, in support of a telephone bank at the polling place.

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The School Board allowed the use of The Principal's Corner carried in the Elementary School newsletter Cool News.  written by Principal Mark Vallone, to advertise and thereby advance the political agenda of The Epping Advocates by advertising the URL of their website. Here is what Principal Vallone said:

"Does Your Vote really influence what happens at Epping Elementary School?  Yes.  Cuts or additions in the overall school budget may result in cuts or additions in elementary school programs.  The deficit of $250,000 in this year's budget was brought on by major increases in the cost for Special Education services that are mandated by federal laws. If the warrant article to pay for this deficit fails to pass, this will have a major impact on our schools.  Higher salaries for teachers may help keep good teachers in Epping and attract good candidates for new positions.  Purchasing the land near the schools gives the District options for the future.  Elementary School experiences[?] because our school shares the same parking lot and access road with the current Epping Middle High School. [Emphasis added]

"Parents and community members form new group called The Advocates[.]  There is a  group of parents and community members who have together to discuss school issues.  They call themselves The Advocates and have set up a website -- www.theEpping cost.com"

See links (below) to Court opinion deeming these activities by public employees violations of the law.
Were your civil rights violated?

  • The Epping Advocates' website promoted a one-sided political agenda pertinent to issues going before the voters.

  • The Epping Advocates' website promoted a slate of candidates who were favorable to their political agenda.

Note: Per Bonner-Lyons, the First District Court of Appeals held that use of public resources by a  "private group " is an  "...example of an impermissible selective opening of a forum to a group whose views are favored..."The Court said  to find a 
more clear example
"... is difficult to imagine."
Were your civil rights violated?

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The School Board allowed the production and distribution of one-sided political bulletins along with Cool News, on school premises. School classrooms, public assets, were used to distribute these political documents to Elementary School children who then carried them home to their parents. More recent Court opinion has frowned upon children being used as "mules," to borrow a word from the court, for these political purposes. Were your civil rights violated?

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The School Board allowed the use of the School District's  bulk mail permit to mail one-sided political documents that encouraged Epping residents to vote a certain way. In the first place,  the bulk mail permit is public property, paid for by all Epping taxpayers.  Secondly, the money used to cover the additional cost for postage was also public property. Were your civil rights violated?

Epping Residents for Principled Government Inc. spends its own money to make its voice heard above those in positions of power; namely: elected and appointed public officials and public employees. We do not have, at our disposal, the use of vast taxpayer funded public resources, nor their equivalence in distribution channels. The vastness of these resources, accorded to some but not to all, is a violation of the civil rights of those who are denied them but taxed to pay for them.

 Accordingly, Epping Residents for Principled Government seeks to level the playing field. Our interest is in ensuring that the civil rights of all Epping residents are protected as guaranteed per the dual mandate of the First Amendment as with the equal protection clause,  the Fourteenth Amendment under the United States Constitution and Article V, Part 2 of the New Hampshire State Constitution.

Please stay on the lookout for government advocacy! 
If you receive any documents you believe were produced and/or distributed using public assets of any nature (i.e. money, equipment, employees, etc.), which advocate to sway the vote we would appreciate your letting us know. The use of public funds, or other assets must not be used  to sway an election.  As the Supreme Court of New York, Albany County concluded: "The governmental view would most always prevail if its overwhelming financial resources could be used to support issues that are in the domain of the electorate.  To hold otherwise would allow State government to monopolize the marketplace of ideas and to smother opposing opinions". The same can be said of any level of government to include Town and School government.  Please contact  ERPG by clicking on the envelope below if you have questions or material relating to Town and School government officials - or their employees -misuse of public property to sway an election.  Thanks!

Follow these links for more information:
Read ERPG letter to Board of Selectmen

Read ERPG letter to School Board

Read the Bonner-Lyons Court Opinion

Read Excerpts from Similar Opinions