A few weeks back I inquired with the local Board of Elections about NoRestaurantTax.com and if they should be considered a PAC or a 501c4(soft money organization). The local board called the State Board of Elections and they investigated the website.
The State Board ruled, without a formal complaint, that the site did not have to file as a PAC or a 501c4. Immediately after this was news, I received requests from Marty Kotis(Kotis Properties) and info@norestauranttax.com(minutes apart mind you) for an apology and a public statement.
On the apology-Well, I do not feel the need to apologize for inquiring about the validity of this organization and here is why. In a democratic process, where questions should be raised and concerns answered, I feel I did just what I should have...I asked the question. If we come to the day that questions like this cannot be asked, I would say that day is the end of our democratic process.
The "statement"- Whereas the laws that are written are interpretable and not legislated with concrete intent, I reserve the right to disagree with the State Board's interpretation of the law. I accept their judgement on the matter for what it is, but that doesn't mean I have to agree with it. I still feel that the website NoRestaurantTax.com is at least close enough to crossing the line into PAC or 501c4 territory. The money spent by more then one individual for domain name, website, yard signs, literature and advertisements on the covers of local news publications; mixed with the color coding green for against the tax and red for approves of the tax- constitutes a need for scrutiny and investigation. The use of those particular colors, like traffic signals for stop and go, could be interpreted as endorsements for and against candidates.
The larger issue is that it is a non-issue. There is no proposed tax in front of, nor has there been one in front of City Council. So, the website may have won the right to do what they are doing with their Faux issue from the State Board, but in that victory they cannot try to silence those who disagree with what they are doing and certainly they have won no apology.
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