FREECAST S04E03: Gas Lit And Tobacco Limit

TomThe Freecast

Featuring Hosts: Matthew Carano, Nick Boyle, and Cord Blomquist

Special Guest: Seamus Casey

Engineered by: Matthew Carano

Produced by: Matthew Carano, and Nick Boyle

Show Summary: On this episode of The Freecast, Seamus Casey talks about Gen Court Mobile, Dover High students sing a song about the KKK, The Gas Light Restaurant clashes with the City of Portsmouth, and other news.

News

  • Dover history students create KKK song sung to the Jingle Bells tune (Nick)
    • Apparently teacher had asked students not to record. Could this be in violation of NH’s wiretapping law?
    • http://www.fosters.com/news/20181204/dover-teacher-on-leave-after-kkk-jingle?start=2
    • Keith Holt, the Ward 1 School Board member and vice chair, said in a Facebook post, “Our superintendent and leadership team are doing what is right to address this issue and to make sure all students feel safe and valued in our school community.

Events

  • Freecoast Liberty Outreach Meetup
    • Exeter – 2nd Thursday

Special Guest – Seamus Casey

NH History

  • The Claremont decision Claremont School District v Governor of New Hampshire
    • 7 important legal cases involving public education
    • Background: Claremont and four other school districts brought forth the suit because they  couldn’t afford to properly fund their public schools based on local property taxes. Original suit in the early 80’s was settled when the State agreed to contribute 8% of the cost of education to target poor school districts.
    • State never fully funded their promise causing Stevens High School in Claremont to lose its accreditation status due to disrepair. (1989)
    • The Claremont II case
    • The Supreme court reversed what the trial court had decided. (1) the education provided in the plaintiff school districts is constitutionally adequate; (2) the New Hampshire system of funding public elementary and secondary education guarantees constitutionally adequate funding to each of the plaintiff school districts; (3) the New Hampshire system of school funding does not violate the plaintiffs’ right to equal protection under the State Constitution, part I, articles 1, 2 and 12; and (4) the system of school financing does not violate part II, article 5 of the State Constitution.
    • “We hold that the property tax levied to fund education is, by virtue of the State’s duty to provide a constitutionally adequate public education, a State tax and as such is disproportionate and unreasonable in violation of part II, article 5 of the New Hampshire Constitution. Having so decided, we need not reach the plaintiffs’ other claims. Accordingly, we reverse.”
    • 3 sources for public school funding. 1. Property tax, between 74%-89% of revenue. 2. Direct legislation appropriations (i.e. foundation aid building aid.) ~8% of revenue. 3. Federal aid. ~3%
    • Part II, article 5 of the State Constitution provides that the legislature may “impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and residents within, the said state.”
    • “Evidence introduced at trial established that the equalized tax rate for the 1994-1995 school year in Pittsfield was $25.26 per thousand while the rate in Moultonborough was $5.56 per thousand. The tax rate in Pittsfield, therefore, was more than four times, or over 400 percent, higher than in Moultonborough. …We need look no further to hold that the school tax is disproportionate in violation of our State Constitution.”
    • The court gave until the end of 1998 to get the legislature to enact a constitutional bill that was proportionate.
    • The legislature failed to do so and filed for an extension.
    • Instead of making a property tax rate state wide, which would be constitutional but also very unfavorable politically, the legislature passed laws to have accountability tests for the schools and if they failed then the state would step in.
    • In August 2001, Newington and Rye had petitions to the state to secede due to the potential higher property taxes.
    • Over 20 years since Claremont II was decided. The state is STILL in contempt of the Claremont II decision.
    • https://www.courts.state.nh.us/supreme/opinions/2002/0204/clare019.htm
    • https://www.courts.state.nh.us/supreme/opinions/1997/school.htm

Suggestions/Feedback

Do you have a topic that you would like for us to discuss? A correction and additional piece of information that we may have overlooked, please send it in to freecastpodcast@gmail.com While you are here, follow us on Twitter @freecastpodcast and like our Facebook page.