JCOPE Responds to PR Firm Lawsuit Challenging Advisory Opinion

In Politico NY, Bill Mahoney reports that the Joint Commission on Public Ethics (JCOPE) has filed papers responding to the lawsuit that five public relations firms filed in March challenging JCOPE’s advisory opinion (AO 16-01) regarding grassroots lobbying.

In its filings, JCOPE asks the court not impose a preliminary injunction and to instead dismiss the lawsuit.  JCOPE argues that the plaintiffs lack standing; their claims are not ripe for judicial review; and that the plaintiffs are not likely to succeed on the merits of their claims.

JCOPE’s main argument on the merits is that the plaintiffs’ case “rests on a misinterpretation.” AO 16-01, JCOPE argues, “does not and will not require any individual or entity to disclose press communications,” and JCOPE has not exceeded its authority in issuing an opinion that addresses grassroots lobbying activity.

Read JCOPE’s memorandum opposing a preliminary injunction and memorandum to dismiss.