Tax Cap Lawsuit Filed

Posted: 
Tuesday, September 23, 2014
NUSUT filed suit against the Governor, Commissioner, and Comptroller to declare the Property Tax Cap unconstitutional. 
 
We have maintained from the beginning that we would seek to have the cap overturned. Building the strongest case and filing it at a strategic time has been a critical part of the process. While we know it will be a difficult case to win, we also know it is the right thing to do. Timing wise, we did not want to interfere in delicate conversations leading up to the release of the Education Commission's interim report, nor did we want to be potentially viewed as interfering in the APPR plan approval process. Additionally, we wanted to be in court before state budget talks are complete and before another round of local school budget votes.
 
The case speaks to one person/one vote, equitable funding, local control and the inordinate impact of the cap on low-wealth districts. The suit will be posted on www.nysut.org and covered in a variety of media formats. I will keep you posted as to progress and reactions.
 
Below are links to a sampling of the media coverage we've received. As you will see, the coverage has been supportive or, at least, fair and balanced for the most part:
 
Commentary by Albany Times Union columnist Fred LeBrun: Tax cap denies a 'sound, basic' education system
WAMC Commentary by Richard Iannuzzi
New York Times: Teachers' union sues over state's tax cap
 
The New York State teachers' union filed a lawsuit on Wednesday challenging the constitutionality of the state's cap on annual increases in local property taxes, one of the signature measures of Gov. Andrew M. Cuomo's time in office. 
Newsday: NYSUT files suit to overturn 2% property tax cap
 
The New York State United Teachers filed a lawsuit Wednesday to overturn the 2 percent property tax cap that Gov. Andrew M. Cuomo has called a "historic" reform that protects taxpayers from out-of-control spending. (Newsday articles are behind a pay wall and may not be accessible.)
Newsday: Hudson Valley parents sign on to lawsuit
Albany Times Union: NYSUT fights tax cap
 
ALBANY - The state's property tax cap law creates inequity between affluent and poor school districts, New York State United Teachers said in a lawsuit filed Wednesday. Read more:
Buffalo News: NYSUT sues to block tax cap
 
ALBANY - The state's property tax cap violates the Constitution by perpetuating funding inequities between rich and poor school districts and violates "one person, one vote" protections, the state's largest teachers union claims in a lawsuit filed Wednesday. 
WAMC Mid-Day Magazine: Richard Iannuzzi, Taking New York's tax cap to court  (6 minutes, live radio)