The Oregon Supreme Court ruled July 3 that two teachers unions
were within their rights to use an organized crime law in a lawsuit
against two groups run by anti-union activist Bill Sizemore.
The court upheld the 2002 jury verdict in the suit filed by Oregon
Education Association (OEA) and American Federation of Teachers-Oregon
against Sizemore’s Oregon Taxpayers United Educational Foundation
and Political Action Committee.
The jury found that Sizemore’s groups used fraud and forgery
to qualify two ballot measures that the unions had to spend money
fighting. That included forged signatures on the initial “qualifying”
petitions that are submitted to the state before major signature
gathering begins, illegal use of charitable contributions for political
purposes, and fraud in charitable reports to the state. The reports
failed to reveal donors, or the extent of political activity of
Sizemore’s charitable organization.
In 2006, the Oregon Court of Appeals affirmed that Sizemore’s
organization engaged in a “calculated course of criminal conduct”
and “cynical, criminal manipulation of the democratic process.”
Sizemore had appealed that verdict on several grounds, arguing that
since the groups could easily have gotten the required 25 genuine
signatures on the qualifying petitions, the forgeries didn’t
make that much difference. Also, the fraud on the charitable filings
didn’t directly cause the unions to have to spend money, Sizemore
argued through attorney Gregory Byrne.
But the Oregon Supreme Court rejected those and other arguments,
and agreed that the jury’s conclusion was reasonable: That
the purpose of the ballot measures was to bleed the unions of money,
and that Sizemore’s ballot measure campaigns engaged in a
pattern of criminal activity.
“The Supreme Court has the final word,” said OEA President
Larry Wolf in a press statement. “They have confirmed what
we’ve known for years – Bill Sizemore is a racketeer
who uses fraud and forgery to manipulate Oregon’s initiative
system. Oregon voters should be very suspicious of any measure he
puts forward now and in the future.”
One of the two measures in the lawsuit will be on the ballot again
this year — an initiative to prohibit public employee union
members from using paycheck deduction to contribute to their unions’
political campaigns. And at least three other measures sponsored
by Sizemore will be on this November’s ballot.
Sizemore’s organizations remain liable for a $2.5 million
dollar jury award owed to the unions, and the unions plan to ask
the courts to hold Sizemore personally liable for the judgment,
which is so far largely unpaid.