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Losing Your Right to Vote by David Zanotti, President Ohio Roundtable Ohio Freedom Forum

"In one reckless stroke, the Ohio Supreme Court has told the public to ‘keep out’ of public education."

"School Ruling, Court Flunks with Wrong Answer"
The Cincinnati Enquirer, 3/25/97

On March 24th, 1997, the Ohio Supreme Court issued a ruling that many experts consider the single biggest political event in more than 40 years. The ruling impacts every school in Ohio, every child of school age, every taxpayer and every citizen.

What the Court did

The Supreme Court agreed to hear a case first filed in Perry County. The case was purposely filed in this small jurisdiction by a coalition of school districts and labor unions. Their purpose was to select a judge who would find the system of funding schools in Ohio unconstitutional. They succeeded in convincing Judge Linton Lewis of their case. The State of Ohio appealed the case to the Ohio Supreme Court.

Four justices of the Ohio Supreme Court agreed to uphold Judge Lewis’ opinion and more. The Ohio Constitution states:

"The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the State…."

The court majority seized upon the two words "thorough and efficient" and decided to define those words as meaning "equal." They went on to conclude that since every district in Ohio did not have an equal and identical format of funding, the system was unconstitutional.

But the Court did not stop there. It overturned 140 years of clear legal precedent and demanded the General Assembly create an entirely new method for funding schools. It went further in ordering the Assembly to finish this massive task in 12 months. It demanded that the plan of the General Assembly be presented first to Perry County Judge Lewis for his approval. If Judge Lewis disagrees with the work of the 132-member elected Ohio General Assembly, he may veto their legislative action.

This decision is purely political. It is designed to benefit the plaintiffs. It represents a nationwide strategy of education bureaucrats to pass tax increases for education without giving people the right to vote on them. It also directly opposes a 1979 Ohio Supreme Court decision which found the funding of schools constitutional and upheld the rights of the people to vote and the rights of the General Assembly to determine education policy in Ohio.

What the Court decision means to you

Already the plaintiffs in this suit (the Equity Coalition and their allies) have presented a plan to remake public education in Ohio. They are calling for a total reconstruction of school standards, curriculum and practice. In addition, the Coalition plan calls for at least $4 billion in annual tax increases. This represents a 40% increase in annual spending for public schools in Ohio.

Even more significant is the fact that if the Court decision stands, the concept of local control of public schools will assuredly perish. The Court clearly states that there is only one school system in Ohio — the state system. There is no recognition of the rights of parents, teachers, local school boards or local communities to define and maintain their local schools.

But perhaps the most frightening reality of the court decision is the loss of your right to vote. For more than 140 years, the people of Ohio have maintained their public schools through the local ballot, local boards and through their elected representatives in Columbus. This decision strips away the rights of every voter and renders local school boards meaningless. In addition, the Court has chosen to demand new tax policy from the General Assembly in spite of the fact that the vast majority of voters are opposed to new taxes. And in the future, the Court can manipulate school policy and tax policy in Ohio, regardless of the wishes of the Legislature or the voters.

This decision has created a Constitutional crisis in the state of Ohio.

What can be done

In the pages that follow, you will find the complete dissenting opinion of Ohio Chief Justice Tom Moyer. We consider this opinion an outstanding analysis of the flawed majority decision. We have added underlining for emphasis, a key symbol ( ) to note significant passages, and a running commentary (in blue). We encourage you to read this opinion carefully and share it with many.

We have also included an insert page with specific instructions on how you can help resist this attempted takeover of your local schools and protect your most basic right — the right to vote. This misguided decision can be stopped. "We the People" of Ohio still have an opportunity to fix this mess. Please be certain to review this insert carefully for details.

Finally, we encourage you not to take this decision "lying down." In almost 20 years of involvement in public policy, we have never seen such a threat to the basic liberties of Ohioans. This is not the time to wait for someone else to act.

In the earliest days of this Republic our founders decried taxation without representation. That theme still echoes across the pages of our history. If we are to continue to have the right of fair representation in Columbus and on our local school boards, if we are to maintain the right to vote on tax policy and education policy, and if we are to resist a handful of judges controlling the lives of all our children, we must stand up and be counted.

For the common good,

David Zanotti, President
Ohio Roundtable
Ohio Freedom Forum

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