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February 15, 2013

MMA defeats lawsuit over advocacy efforts

A U.S. District Court judge ruled on Thursday that the Maine Municipal Association operated within its rights in campaigning against voter referenda that would have cut state aid to municipalities.

The case brought forth by the conservative Maine Heritage Policy Center challenged MMA's use of taxpayer dollars from its 486 member municipalities to lobby against citizens' initiatives that would limit government spending.

MHPC's complaints challenged the MMA's right to advocate against citizens initiatives put forth from 2004 to 2009 that included two Taxpayer Bill of Rights initiatives and an attempt to change the way towns collect motor-vehicle excise taxes, according to the Portland Press Herald.

In the ruling issued Thursday, Chief U.S District Judge John A. Woodcock Jr. dismissed the federal claims brought against the MMA and reinforced the organization's rights under the "government speech doctrine."

While the judgment dismissed MHPC's federal complaints, Woodcock remanded three of the organization's complaints that allege violations of state law to Kennebec County Superior Court.

Despite the dismissal of federal charges, Woodcock also ruled that the MHPC may continue "to take their case to the court of public opinion."

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