The New York Library Association (NYLA) is pleased to announce the New York State Supreme Court has rejected a constitutional challenge to Education Law 259(1)(a), which is used by libraries throughout New York State to secure sustainable funding. This is a tremendous victory, and marks an important turning point for the NYLA Legal Defense Fund. NYLA Council authorized $25,000 to fully cover the legal fees incurred by DeWitt Community Library as they were forced to fight on behalf of all libraries that use 259(1)(a) for funding.
In 2012, the DeWitt Community Library (Syracuse), along with the Jamesville-DeWitt Central School District, was sued by a local anti-tax activist who challenged the library’s use of 259(1)(a) to place their budget proposition on a school district ballot. In June 2015, the SED Commissioner dismissed the majority of the petitioner’s appeal. The petitioner subsequently pursued the constitutional question in New York State Supreme Court.
NYLA was contacted by DeWitt Community Library for assistance. The library had incurred $35,000 defending itself in this matter, and lacked the resources to continue funding this litigation. Given the potentially devastating statewide effects of an adverse court decision, NYLA Council unanimously voted to cover DeWitt’s future litigation costs.
Though the suit specifically challenged the authority of free association libraries, such as DeWitt, to present budget resolutions to school district voters under 259(1)(a), the nature of the constitutional challenge also had wide-ranging implications for school district public libraries. The petitioner’s argument centered on the procedures for ballot access: because 259(1)(a) requires school districts to submit ballot resolutions to voters upon request, school districts engage in mere “ministerial” acts, and thereby delegate taxing authority to the requesting library. As free association libraries and school district public libraries use the same ballot access procedures in 259(1)(a), an adverse decision would have been disastrous for hundreds of libraries throughout New York State.
Though NYLA is gratified the court found in favor of DeWitt, we remain troubled by the circumstances of this action. The anti-tax attorney activist who pursued this matter laid a roadmap for all manner of future legal challenges: bully a small, local library with limited resources in an effort to effect statewide policy changes through the courts.
NYLA’s ability to continue aiding libraries facing legal issues of statewide concern is predicated on a robust Legal Defense Fund. NYLA Council voted to authorize $25,000 to cover the legal expenses incurred by DeWitt Community Library. Through the generous support of our members and advocates, NYLA has raised 40% of these costs. As we prepare to fight against future legal challenges, the NYLA Council requests that you consider a contribution to the NYLA Legal Defense Fund, so we may continue this important work.
Donate to the NYLA Legal Defense Fund – donations are 100% tax deductible.
