|
News Release No. 2006-3 April 20, 2006 Washington State Supreme Court Will Hear New
Disclosures In Talk Radio Lawsuit The
Washington Supreme Court will be asked to consider new revelations in the
lawsuit about the I-912 campaign’s failure to disclose contributions received
through KVI radio talk show hosts. It announced last week that it will
hear argument June 8, 2006 in the case, San Juan County v. No New Gas Tax
Committee. “The
campaign has now admitted it hid the truth about ties to the talk show hosts,”
said San Juan County Prosecuting Attorney Randall Gaylord. “This shows why the disclosure obtained by
the lawsuit was so important.” “The
people have the right to know who is funding campaigns in our state.” In a
brief recently submitted to the Supreme Court, the No New Gas Tax Committee
revealed that it misled the trial court about the relationship between the
campaign and the talk show hosts. Last
year, the treasurer for No New Gas Tax submitted a sworn affidavit to the trial
court denying that it had “coordinated with Kirby Wilbur, John Carlson and/or
KVI the content of any radio broadcast” or that the hosts had ever been
requested to “broadcast or disseminate any information regarding our
committee.” But, in a recent Supreme
Court brief, the No New Gas Tax Committee admitted that “a member of NNGT had
previously requested (not directed or controlled) that Carlson mention certain
issues regarding the campaign.” The
Supreme Court will also hear that KVI took a position before the state’s Public
Disclosure Commission several years ago that is directly opposite to the
Campaign’s assertion in the current lawsuit that air time is not a reportable
contribution. In a matter involving
another KVI talk show host, Fisher’s attorneys argued in 1995 that state public
disclosure laws should classify as a reportable contribution
on-air fundraising by a talk show host for his own campaign. Fisher stated that the PDC’s opinion
requiring disclosure of on air fundraising “represents an appropriate resolution,”
“strikes a reasonable balance between important public policies,” and “provides
a relatively clear rule that is easily applicable by broadcasters.” Gaylord
and city attorneys for Seattle, Auburn and Kent filed the lawsuit against No
New Gas Tax Committee last year for failing to disclose the source of $70,000
in cash contributions, as well as in-kind contributions of air time on Seattle
radio station KVI that were used to solicit financial contributions. The KVI hosts—who stated publicly that they
had formed the campaign--regularly and repeatedly used their air time to ask
listeners to make contributions to the campaign. After
hearing the arguments in the case, Thurston County Judge Christopher Wickham
ruled that the No New Gas Tax Committee had failed to disclose those
contributions as required by state law. Judge
Wickham also rejected claims by the No New Gas Tax Committee that its free
speech and other rights were violated by requiring it to disclose the
contributions. Judge Wickham ruled that
the KVI talk show hosts “were principals in the campaign” and that “they
intentionally promoted the campaign by advertising it in their regular show
time slots.” The Court found that “the
on-air advertising was in addition to and different from any editorializing,
comment, or discussion by the hosts on their shows.” “The
trial court, PDC and even Fisher Broadcasting all agree that talk show hosts
are not above campaign disclosure law,” said Mike Vaska, an attorney at Foster
Pepper representing the local prosecutors.
“Talk show hosts are accountable just like everyone else to disclose the
source of campaign funding and other valuable in-kind contributions,” he said. According
to PDC reports, the No New Gas Tax committee raised approximately $200,000 in
cash contributions in May 2005, its first month of campaigning. After it was required to do so by the trial
court, the Campaign reported the value of the KVI air time used by the talk
show hosts to solicit these funds at $20,000. Initiative
912 sought to repeal the 9.5 cent gas tax approved by the Washington State
Legislature in 2005. It was rejected by
Washington voters with a 54.6 percent “no” vote in November 2005. |