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Judge Dismisses Amendment Advocacy Case Against Gwinnett School Board

October 25th, 2012

Gwinnett County Superior Court Judge K. Dawson Jackson has dismissed a lawsuit accusing the Gwinnett County School Board, its superintendent and the Georgia School Boards Association of using taxpayer funds for electoral advocacy.

The case was thrown out on procedural grounds.

It means the school board, Gwinnett County School Superintendent J. Alvin Wilbanks and the Georgia School Boards Association can continue to express opposition to the proposed amendment for charter schools.

Attorney Josh Belinfante represented the taxpayers filing the lawsuit.

“What he ruled is that we did not follow the correct procedure for filing this type of lawsuit and we certainly respect his decision, but we’re obviously disappointed the meat of the case could not be decided.”

Belinfante says his clients are unlikely to appeal because it would be difficult for the matter to be heard again before election day.

Attorneys for the Georgia School Boards Association and the Gwinnett County School Board say they’re pleased with the decision.

Victoria Sweeny represented the school board and Superintendent Wilbanks.

“It should be reassuring to the public officials that were simply speaking the opinion in adopting a resolution about the amendment that at least the Superior Court judge in Gwinnett County recognized they were exercising their first amendment rights.”

The decision comes after a Superior Court judge in Fulton County ruled the Fulton County School system did not have to remove a question and answer document about the amendment off its website. A second lawsuit against the Gwinnett County School Board was filed by another group of taxpayers and has yet to be heard in Gwinnett County Superior Court.