Press here to go back to HOME page
As the following is no longer available as an active link, it is presented below for educational purposes alone, under the "fair use" doctrine.
SOUTHEASTERN: BIGGER, MEANER GADFLY;
IT BATTLES OVER ARTS FUNDING, PARENTS' RIGHTS AND TAXES, TAXES, TAXES
by JONATHAN RINGEL; Staff Reporter, Fulton County Daily Report, Thursday August 15, 1996,
Matthew J. Glavin stood on the Capitol steps in 1994 and delivered some fighting words. Glavin and Atlanta attorney and tax rebel Robert J. Proctor had just been elected to the board of the Southeastern Legal Foundation, the public interest law organization. Proctor became the group's chairman, and Glavin, who had founded the conservative Georgia Public Policy Institute, became the vice-chairman. At the Capitol, Glavin told a news conference that under their leadership, the foundation would become "the liberal establishment's worst nightmare come true."
Now, 20 months later, the new team has made progress toward backing up the boast. From a nuisance group known mainly for filing amicus briefs, the foundation has become a gadfly with a sting. "They aren't a nightmare," says the Atlanta Public Schools' general counsel, Amy Mil Totenberg. "They
are a pain in the neck." She should know. Sometimes by himself, sometimes with Southeastern Legal, Proctor has taken the school system to court three times in the past year. He has won once, stopping the city of Atlanta from giving the school system about $18 million a year in local sales taxes.
"They advocate a very reactionary political position, one very antagonistic to public education," Totenberg says.
Proctor's view is that the Atlanta school system should be abolished and a private system allowed to grow up in its place. But public schools are not the foundation's only target. In the past year, Southeastern Legal has helped to repeal the state intangibles tax. It has successfully fought to reduce state unemployment insurance taxes. And in court cases it has weighed in against government arts funding and racial gerrymandering.The Southeastern Legal Foundation has also branched out into national issues.
Last year, in Toccoa, it sued the public school system for taking two female students, ages 13 and 14, without their parents' permission or knowledge, to get birth control pills, Pap smears and HIV tests. It represents former FBI agent Gary Aldrich, author of the White House tell- all book Unlimited Access, who faces the possibility of litigation against the FBI and the White House over his publishing the book without permission.In a self-description in its annual report, the foundation says its mission is "to defend conservative economic principles, protect individualfreedoms and fight the increasing abuses and arrogance of government." "They seem to be more active" than before the Proctor-Glavin era, says Griffin B. Bell, a former U.S. attorney general and current King & Spalding partner,
whose son is on the board of the foundation. "They seem to be having some success." Bell says the foundation, like the American Civil Liberties Union, may take "some extreme positions, but if you find an illegal tax, someone has to fight it, and there's not a lot of law firms lining up to do that." Bell adds that both the Southeastern Legal Foundation and the ACLU fight excessive government.Gerald R. Weber Jr., legal director for the Georgia ACLU, says the Southeastern Legal Foundation is not a conservative counterpart to his group since it "is more often involved in economic and tax issues." Weber says he admires the foundation for its "imaginative view of litigation." "They look for and find something obscure" to support their issues, he says. "To that extent they are effective."
A less charitable view is offered by Emmet J. Bondurant II, who helped represent the school system against Proctor and the foundation. He calls the group "a judicial counterpart to the militia organizations, assaulting government with a right wing agenda."
Proctor responds that Bondurant is upset "because I beat his ass in the local option sales case" involving the Atlanta schools. "I'm a libertarian," he adds. "I'm not ashamed of it." Totenberg calls the Southeastern Legal Foundation projects "a terrible use of the legal system." Glavin responds, "If what government is doing is wrong, then government should be challenged."
Challenge from the Right
Liberals had been challenging the government in court long before conservatives started doing it, points out former Congressman Benjamin B. Blackburn III, the Southeastern Legal Foundation's first director and president. Ralph Nader's Public Citizen, the Southern Poverty Law Center and the ACLU are among groups that Blackburn says have long used the courts to support political positions. "Conservative supporters were dropping the ball," says Blackburn, by not doing the same thing.
That's why he helped start the Southeastern Legal Foundation in 1976, following a model started by the Sacramento, Calif.-based Pacific Legal Foundation
. Pacific Legal's first cases involved fighting environmental protection advocates, and Southeastern followed suit. It challenged the inviolability of the habitat of the snail darter, the tiny fish threatened by the Tellico Dam project, and supported limiting liability for nuclear power plants.Today, government contract bidding that favors minority groups and government-funded grants to the arts are some of Southeastern Legal Foundation's targets. But taxes remain a principal cause. Glavin gives the foundation credit for $105 million in tax cuts during the past year and a half. The Southeastern Legal Foundation saved Georgians $40 million, he says, by helping repeal the state intangibles tax on stock and other non-real property. The foundation sued the state over the tax, a move that, along with a U.S. Supreme Court decision overturning a similar tax in North Carolina, prodded the General Assembly into repealing it in March (Daily Report, Aug. 6, 1996).
Glavin also points to a 16 percent cut in the tax that employers pay to fund the Georgia unemployment insurance fund. It amounts to $65 million a year, according to the state Labor Department. That battle was his idea, says Glavin, a non-lawyer, and one he could fight on his own since it did not involve going to court. Glavin says a report that crossed his desk one day revealed that the state fund could support unemployed workers for more than five years. The foundation publicized the report, and the General Assembly got interested. "A lot of what we achieve is outside the courtroom," says Glavin.
Funding Increases
While the Southeastern Legal Foundation has been busy trying to cut funding to the government, it has been busy increasing its own. Corporations and foundations each provide about 40 percent of the foundation's revenue, with individual donations providing the rest. The organization's 1995 revenue was a little more than $525,000, and Glavin predicts about $650,000 this year. By 1997, with increased support from individual donors targeted by a direct-mail effort, he says he hopes to be close to $1 million. The organization's financial survival was in jeopardy a few years ago, when donations had dropped to less than $250,000.
That was when G. Stephen Parker was president, a post he held from April 1991 until June 1995, when he resigned and Glavin took over. Parker says that "some years were better than others" and will not comment on why the foundation's board recruited Glavin and Proctor in the fall of 1994. Board member Griffin B. Bell Jr., a partner at Fisher & Phillips, confirms that he and another board member, Franklin L. Burke, discussed Proctor's and Glavin's coming to the foundation at a breakfast with them. There was "not enough activism" at the foundation, Bell says. He says Glavin had good communication skills and Proctor "was a person able to effect change."
Proctor had earned a reputation as a tax rebel by overturning the entire 1991 Fulton property assessment and the Georgia used- car sales tax in 1992. Upon become chairman of the foundation, Proctor invited Henry D. Granberry II, a lawyer from Mississippi with whom he had gone to Vanderbilt in the 1970s, to become its vice president and general counsel. With the new team in place, Glavin says, the foundation's productivity soared. From devoting 80 percent of its efforts to amicus briefs and 20 percent to litigation, it reversed the proportions, he says.
Last year, the organization filed five suits in five days during a self-proclaimed "Taxpayer Revenge Week," including two that attacked Fulton County's $7 million flow of funds to various arts and social service organizations
. That case eventually failed in the state Supreme Court in April. The foundation dropped two others and is waiting to try a suit attempting to have Fulton County Tax Assessor Webster Pope removed from office for failing to do his job.
Birth Control Issue
Last year the Southeastern Legal Foundation joined a suit against the Stephens County School District, where two female students had been taken by school counselors for Pap smears and HIV/AIDS tests and given birth control prescriptions all without their parents' consent. School officials say the girls were simply given rides as had others previously, according to the Washington Times. Glavin says the foundation heard about the case from a newspaper article and contacted the parents' local counsel, E.W. "Chip" Angell, with an offer to join the suit. It is in the suit to defend parental rights, Glavin says.
Parker, who worked at the foundation from the mid-1980s till 1995, says that is not the kind of case the foundation took during its first 18 years. "The issues of this case are more social than economic," says Parker, "and that wasn't normally the primary focus."
The foundation remains on the brink of a legal battle with the FBI and the White House. It offered to represent Aldrich, the former White House security guard Aldrich, author of Unlimited Access. For months the FBI and White House refused to clear the anti-Clinton book's publication, even though no security measures were breached, says Glavin. The FBI has recommended suing Aldrich for failing to complete the pre- publication review, according to Legal Times, a Washington newspaper affiliated with the Daily Report.
Glavin says the case lies within the foundation's territory, since Washington is in the organization's region and the case would raise a free speech issue. As for the future, Southeastern Legal officials foresee further growth, including a Tallahassee office, Glavin says. It would be the group's first office outside Atlanta. The organization's goal? Limiting government, say its leaders, including general counsel Granberry. "As long as there is government," he says, "there is a goal."
Jonathan Ringel's e-mail address is jringel@counsel.com.
Press here to go back to HOME page