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FOR IMMEDIATE RELEASE
December 19, 2002

News Release

Evergreen Acceptance of $15,000 Legal Fine Signifies Admission of "Bad Faith" Actions Against NEA

Washington, D.C. - The National Education Association today said it was pleased to close the books on a judicial sanction against the Evergreen Freedom Foundation (EFF) for, in the judge's words, acting in "bad faith." NEA officials said EFF's announcement that it would not appeal the sanction was tantamount to an admission by EFF that it had indeed improperly used the judicial system to attack the NEA.

The $15,000 penalty against EFF came from a Sept. 20 finding by Thurston County, Washington Superior Court Judge Daniel Berschauer that the pro-school voucher group had deceived him into imposing an earlier default judgment against the NEA, which EFF then publicized for political purposes.

"I believe that Evergreen's decision not to appeal the court's decision demonstrates that they knowingly engaged in outrageous and malicious acts against the NEA," said NEA President Reg Weaver. "We must continue to engender not only the support of our members, but also that of the community in bringing awareness to how right-wing groups squander the hard earned money of teachers and other taxpayers by initiating frivolous lawsuits for political gain. Their antics cause us to focus on something other than what is most important - ensuring that every child receives a quality education in a great public school."

Berschauer ruled Sept. 20 that EFF had demonstrated "evidence of bad faith and the use of the court process for improper purposes."

As a result, he ordered EFF to reimburse the NEA for its costs in representing itself in overturning the initial default judgment. The judgment stemmed from a suit EFF brought against the NEA for funding ballot initiatives to limit class size and raise teacher salaries in Washington State public schools.

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The National Education Association is the nation’s largest professional employee organization, representing 2.7 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators, and students preparing to become teachers.