Were Your Civil
Rights
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:
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