A state appeals court today upheld the state law prohibiting public employees from using public resources for political activity.

The case involves two Ballard High School teachers fined by the Public Disclosure Commission for using school e-mail to tell teachers to put completed petitions for two 2004 education ballot measures in a teacher's school mailbox.

The PDC said that violated RCW 42.17.130.

The three judge panel of the Division 1 Court of Appeals said the law was "reasonable and viewpoint-neutral." They upheld a decision by a King County Superior Court judge, writing:

The internal mail and computer systems exist to facilitate communication between teachers to ensure efficient sharing of information, and the restrictions on their use do not eliminate or obstruct that purpose — except to prohibit any use that would constitute political advocacy. The statute was enacted to ensure that public resources are not used to provide advantages to a particular candidate or ballot measure, and the restriction on the use of school systems furthers that purpose.

Teachers Ed Herbert and Dennis Nusbaum argued that any use of public facilities was incidental and part of "normal and regular" school business and not a violation of the law. Herbert's and Nusbaum's appeals were consolidated and they filed joint briefing. The court's opinion only refers to Herbert "for ease of reference."

The court wrote:

Herbert points to the fact that teachers could discuss a political campaign in the teacher lunchroom — which uses electricity and heating and building maintenance — but could not e-mail their colleagues about the issue to demonstrate that there is no rational distinction between what is permitted and what is prohibited by the PDC's interpretation of RCW 42.17.130. But the distinction is this: pure political speech is permitted, but using the facilities to deliver speech is prohibited. The use element provides the distinction between talking in the lunchroom and using school computers to e-mail staff members.

The teachers and the Seattle Education Association were trying to garner support for Referendum 55, which overturned charter schools, and unsuccessful Initiative 884, which would have raised taxes to help fund schools.

The PDC fined Herbert $500 and suspended $450 of it if he did not violate the statute for two years.