JEFFERSON CITY — Missouri’s attorney general sued a statewide education group Tuesday, claiming the organization is subject to open records laws even though it is not a governmental unit.
Attorney General Eric Schmitt, a Republican who is running for U.S. Senate, filed suit against the , saying it is withholding documents related to Schmitt’s legal crusade against mask mandates and curriculum issues.
While the state’s Sunshine Law is typically focused on records kept by governmental entities, the lawsuit argues that the MSBA is subject to the Sunshine Law because the organization receives public funding and provides training required under Missouri law.
“Today, I filed a lawsuit against the Missouri School Boards Association for hiding public records — records that the public and particularly parents of children in Missouri’s schools have a right to see,†Schmitt said in a statement.
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Chuck Hatfield, an attorney representing the MSBA, called Schmitt’s action unprecedented.
“In the history of the Attorney General office, no Attorney General has ever sued a not-for-profit entity for violating the sunshine law. And a review of the lawsuit shows it is not the result of any complaint or important governmental policy, but rather to advance a particular political agenda. Not-for-profit entities everywhere should be terrified,†Hatfield said.
Among the records sought by Schmitt are documents related to MSBA’s guidance on mask mandates, as well as a dust-up over a letter sent to the White House by the National School Boards’ Association that compared parents who act out at school board meetings to “domestic terrorists.â€
After the letter was sent in October, the MSBA withdrew from the national organization.
Schmitt, however, believes the organization knew about the letter weeks in advance and initially agreed with the contents.
As Schmitt has campaigned for the Senate seat being vacated by Republican Roy Blunt, he has sued dozens of school districts over pandemic-related mask requirements.
Some school districts have returned fire. In January, the St. Charles School District said it was “deeply disappointed†and that the “cynical action is a waste of taxpayer dollars and serves to undermine the authority of local, publicly elected officials and, thus, the will of the people.â€
Schmitt is running in the GOP primary election against former Gov. Eric Greitens, ºüÀêÊÓƵ attorney Mark McCloskey, Senate President Pro Tem Dave Schatz and U.S. Reps. Vicky Hartzler and Billy Long.
Democrats include Lucas Kunce, of Independence, the top fundraiser in the race; and former state Sen. Scott Sifton, D-south ºüÀêÊÓƵ County. Jewel Kelly, Spencer Toder, Gena Ross, Josh Shipp, Lewis Rolen and Carla Coffee Wright also are running as Democrats.
The lawsuit is asking for the Boone County Circuit Court to enter a judgment requiring MSBA to comply with the Sunshine Law.
MSBA executive director Melissa Randol called Schmitt’s lawsuit “frivolous.â€
“This lawsuit is a political stunt by candidate Schmitt and, as citizens of Missouri, it’s discouraging to see his state office being turned into an extension of his campaign,†Randol said.