Bus driver is suing school district over signature gathering

Greg Tuttle

Tuesday, May 23, 2000 | 12:37 p.m.

A federal lawsuit has been filed against the Clark County School District on behalf of a school bus driver who was told she could not collect signatures on school property for an initiative to increase state education funding.

The Nevada State Education Association and its Las Vegas affiliate, the Education Support Employees Association, filed the lawsuit Monday in U.S. District Court.

According to the complaint, school bus driver Cynthia Knew was told by a school official she could not use her off time between the morning and afternoon shifts to collect petition signatures.

The lawsuit claims the school district violated Knew's right to free speech and to petition the government.

The teachers unions are pushing the "Nevada Tax Fairness and Quality School Funding Accountability Act," an initiative to raise $250 million a year through a 5 percent tax on business profits. Initiative supporters have until November to collect signatures of 44,000 voters in order to submit it to the 2001 Legislature.

According to the federal lawsuit, Knew was collecting petition signatures in a school bus garage parking lot on May 2 when she was ordered to stop by the district's transportation director, Ronald Despenza.

Knew contacted the teacher's union, which stepped in by sending a letter to Assistant Superintendent Edward Goldman on May 16. The letter asked Goldman to allow Knew and other school employees to work for the initiative on school property during their off hours.

The district responded the same day with a letter stating district employees do not have the right to collect petition signatures on school property even while they are off duty.

"We're very sensitive to the law, but they have no right to convert the workplace into a place to conduct political business," Bill Hoffman, the school district's attorney, said Monday.

The lawsuit also names Goldman and Despenza as defendants. The complaint asks a federal judge to strike down the school district's policy and to pay attorney fees associated with the lawsuit.