Posted on 04/17/2005 6:31:22 PM PDT by Land_of_Lincoln_John
STEVENS POINT, Wis. (AP) Despite defeating a proposed smoking ban at city restaurants and bars, a group of businesses is continuing its suit against a college professor for offering extra credit to students who helped promote the ban.
University of Wisconsin-Stevens Point professor John Munson sent an e-mail from his university account in November to students urging them to patronize non-smoking establishments and collect signatures to put an anti-smoking referendum on the ballot.
In exchange, he wrote, the students would get up to 1,500 extra credit points.
Although the referendum lost at the polls by 1,000 votes on April 5, a group of bar and restaurant owners called ``Be Fair'' is continuing their civil lawsuit against Munson and the university.
The group is asking for a ruling declaring that Munson, a professor of health promotion and human development, illegally used his classroom for political advocacy, which is barred for state employees. The lawsuit does not seek monetary damages.
``I don't think parents and students pay tuition to be educated in this way,'' said Susan Hansen, who owns Archie's Cocktail Lounge with her husband, and is a member of the group of plaintiffs.
The case began in March after the Hansens were told that a student received an e-mail from Munson on Nov. 2.
The subject line of the e-mail, which was included in court documents, is ``Volunteer Opportunity to make a difference in the Stevens Point Area 1,500 Points Extra credit/Community Service.''
In it, Munson told students how they can get involved with the petition drive aimed at getting the referendum on the ballot.
UW-Steven's Point Associate Vice Chancellor for Personnel and Budget Nancy Bayne said she couldn't comment on any disciplinary action the university had taken against Munson because it was a personnel matter.
At a hearing on Friday, lawyers for the university asked Portage County Circuit Court Judge John Finn to move the case to Dane County because Chancellor Linda Bunnell, named in the lawsuit, was a state employee.
An attorney for the business group asked for more time to respond. A hearing on the motion was set for April 29.
Information from: Wausau Daily Herald, http://www.wausaudailyherald.com
ping
The group is asking for a ruling declaring that Munson, a professor of health promotion and human development, illegally used his classroom for political advocacy, which is barred for state employees."
The group "Be Fair" could also use the following federal law as well to sue the the professor.
U.S. Supreme Court HAFER v. MELO, 502 U.S. 21 (1991)
, monetary damages under 42 U.S.C. 1983
"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. . . ."
We hold that state officials, sued in their individual capacities, are "persons" within the meaning of 1983. The Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under 1983 solely by virtue of the "official" nature of their acts. The judgment of the Court of Appeals is Affirmed.
"University of Wisconsin-Stevens Point professor John Munson sent an e-mail from his university account in November to students urging them to patronize non-smoking establishments and collect signatures to put an anti-smoking referendum on the ballot.
In exchange, he wrote, the students would get up to 1,500 extra credit points
Thanks for the ping. I find this absolutely astonishing that this was done in a taxpayer saupported university,especially since smokers often pay more than their share of taxes.
The more I hear about what is going on in universities today the more I hope my grandchildren avoid the whole thing and go into the trades or start their own businesses.
Brainwashing is alive and well in academia and apperently so is bribery.
Thanks for the ping...........
This is someone being paid by taxpayer $$$$ -----including lots of $$$$$$$$$ from people buying tobacco products in Wisconsin...........I don't like it.
I'm not a lawyer.This is for a civil suit?How would they determine damages?Could they go for the teacher and the school?
And the idiot used UW Stevens Point computers to sent the e-mail to his students. I thought academics were smarter than us???
Although the article does not specify, I suspect the plaintiffs next step would be to use the declaratory judgment to force out the professor.
Hmmm... Obviously another headline writer who needs to be fired.
"I thought academics were smarter than us???"
This is nothing new. A friend of mine at UTSA told me her class was offered extra credit to go watch Bowling for Columbine.
Anybody and everybody is smarter than an evil tobacco smoker - didn't you know that?
I'm going to go back to the inane game I was playing - it is actuallly more mentally challenging than these anti-smoker idiots.
Thanx,I re-read the article.Had missed "the lawsuit doesn't seek monetary damages"line.Since the referendum didn't pass,no loss of business.I assume the guy will be out of a job.
In exchange, he wrote, the students would get up to 1,500 extra credit points.
Just more proof that the teachers are using the schools for their personal agendas.
We pay them to work against us.
What still sticks into my claw is when Maine brought in over 1,200 Somalia's to Lewiston. They brought in a teacher to teach OUR kids how to speak Somalian. How about teaching those Somalia's how to speak ENGLISH for heaven's sake!
And our tax dollars had to pay for this teacher. I don't know if she is still there or not, but I still can't get over this. Come to America and learn English for crying out loud!
I think that would have to be under federal law, and I don't think federal law precludes the good professor from this sort of activism.
I don't think smoking is a substantive "right, privilege, or immunity" from the federal Constiutional law standpoint. Under the Slaughterhouse cases from the 1880's, which are still good law, the only federal privileges and immunities that exist are those integral to national citizenship, e.g. the right to vote in a Congressional election, the right to travel unhindered to the District of Columbia, etc.
Wisconsin law, acc. to this article, forbids Prof Munson (a state employee) from using his position for political advocacy. Since Mad Munson was urging his students to support the anti-smoking referendum, he broke that law.
It's an upsidedown world isn't it?
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