Story originally printed in the Tomah Journal or online at www.tomahjournal.com
Published - Tuesday, November 18, 2008
Radcliffe won't pursue legal action
The candidate who won the 92nd District Assembly race last week doesn’t plan to pursue a lawsuit against a third-party group that attempted to derail his candidacy.
Democrat Mark Radcliffe of Black River Falls said Friday he is unlikely to continue his lawsuit against the Coalition for American Families. Radcliffe won a Nov. 1 restraining order from Jackson County Circuit Judge Thomas Lister to prevent CFAF from airing radio ads attacking Radcliffe’s views on health care. The ad said in part: "So hey, if you’re an illegal alien looking for free health care, call Mark Radcliffe . . . and tell him thanks for his plan to stick it to Wisconsin taxpayers.”
The injunction was lifted two days later by the Fourth Circuit Court of Appeals and remanded to Trempealeau County Circuit Court Judge John Damon. Radcliffe went on to defeat Republican Dan Hellman for the seat vacated by Republican Terry Musser, who is retiring after 11 terms.
Radcliffe said the suit accomplished its purpose.
“It was filed strictly for the purpose of getting an injunction,” Radcliffe said. “I don’t know what the point would be with going on with it anymore.”
R.J. Johnson, a spokesman for CFAF, said Friday he hadn’t heard from the Radcliffe campaign.
“We haven’t been notified by Mr. Radcliffe or anyone associated with the campaign that he’s withdrawing his suit,” Johnson said. “The complaint is still pending.”
Johnson ripped Radcliffe and Lister for what he described as a violation of the First Amendment. He said it has cost CFAF “an awful lot” to defend the lawsuit, which he characterized as unlawful prior restraint.
“There is a fundamental right to criticize candidates for public office,” Johnson said. “I am offended by this whole process. I think (Radcliffe’s) behavior was out of control, and he found a judge that was willing to jump off the cliff with him.”
Radcliffe said the ads were false and that he had no other recourse.
“When somebody says something deliberately false and misleading, what are you supposed to do after the fact?” Radcliffe said.
Johnson defended the accuracy of the ads. He also defended his group’s ability to keep its contributors secret. He said citizens have the right to contribute to political advocacy groups without fear of retribution. He said opening CFAF’s donor list would expose its contributors to harassment and retaliation.
Radcliffe hopes campaign finance reform will become a top priority now that the Democrats control both houses of the Legislature for the first time since 1993. He said Assembly Speaker-elect Mike Sheridan (D-Janesville) mentioned campaign finance reform during his first speech to the 52-member Democratic caucus.
Making outside groups follow the same fund raising and disclosure rules as the candidates is critical, Radcliffe said.
“You have to at least make their contributors reveal who they are,” he said.
Radcliffe will be sworn in Jan. 5.
All stories copyright 2006 Tomah Journal and other attributed sources.