KALAMAZOO (WKZO-AM) — Kalamazoo Public Schools Supt. Michael Rice announced a victory on Thursday over an attempt by the legislature to stifle the release of information about ballot items by local schools, cities, counties, townships and other taxing units.
The same federal judge that slapped a temporary injunction on what came to be known as the “gag order” bill has accepted an agreement between the plaintiffs and Secretary of State Ruth Johnson that the order be made permanent.
U.S. District Judge John Corbett O’Meara had previously ruled that the law violated the 1st and 14th Amendments. The Republican-sponsored measure prohibited districts from spending any money 60 days prior to an election to distribute information about the ballot item, even if it was neutral and informational only.
Rice said it not only desirable, but an essential part of living in a democracy for districts to release information about the ballot questions they may understand better than anyone else.
It is already illegal for public bodies to spend taxpayer dollars on materials that would urge a vote either way on a ballot issue.
The original bill was slipped into another piece of legislation that expanded from 13 to over 50 pages on the last day of the legislative year. Only a few legislators claimed they had a chance to actually read the amendment and grasp its implications before voting.
