AUGUSTA – Proponents of the Maine Municipal Association’s Question 1A property tax relief plan were crying foul Monday over a new Question 1B television spot they quickly branded as “an attack ad.”

The ad features former West Gardiner state legislator John Marsh enjoying a piece of pie at a diner and engaging the waitress in a conversation about 1A.

Marsh tells the waitress there will be more “big spending” in Augusta if 1A is approved by the voters. The woman agrees, speculating that 1A also will trigger “higher taxes.”

Marsh points to a newspaper with a headline that says 1A could increase taxes by $246 million annually.

“Let me tell you, there is no free lunch,” the waitress interjects. Marsh agrees, saying he and the waitress will be left to “pick up the tab” for 1A if voters approve it.

Then he attempts to walk out of the diner without paying his bill. The waitress calls Marsh back, reminding him that there is “no free lunch.” The recurring phrase closes the ad, along with the image of a cheeseburger marked with the international “no” symbol as the narrator tells viewers to vote no on 1A.

In a departure from most political commercials, the ad displays its disclaimer detailing who paid for the spot at the beginning of the ad, rather than the end.

This left some critics speculating that the 1B proponents who produced the ad wanted to intentionally make their identity unclear to anyone who may tune in late.

The diner ad’s singular mission was to deride Question 1A, rather than endorse its own 1B position, said Dana Lee. The spokesman for 1A’s Citizens to Reduce Local Property Taxes Statewide political action committee claimed the ad hits a new low in the referendum debate and violates an informal agreement for clean campaigning between 1A and 1B adversaries.

“You know, I’m very disappointed by this because we did have upfront discussions and said we would both be proactive,” Lee said. “This is a classic attack ad. They’ve gone on the attack in kind of a mocking way and given up on 1B entirely. It’s reprehensible.”

Question 1A was advanced by the MMA, a lobbying and consultant group for municipalities. The citizen initiative promises local property tax relief by requiring the Legislature to identify funding sources to raise the state’s share of local education costs next year to 55 percent, a goal identified by the Legislature nearly 20 years ago.

The state now funds education costs at about 41.4 percent, with the difference borne statewide by local property tax payers.

Mainers For Responsible Property Tax Relief, a political action committee raising money for Question 1B, are supporting the competing measure crafted by Gov. John E. Baldacci and the Legislature.

The plan phases in additional education funds over a five-year period until the 55 percent goal is reached. A third ballot option on Nov. 4, Question 1C, allows voters to reject both the citizen initiative and the competing measure.

Kay Rand, a spokeswoman for 1B, disputed Lee’s characterization of the diner spot as “an attack ad” and said Monday that, rather than “mock” 1A, the ad relied upon a humorous approach to deliver its message.

She said she was unaware of any “proactive” advertising pledges described by Lee, and added that 30 seconds provides a limited window of opportunity to leave an impression on voters – particularly in a three-way competition.

“Diluting two messages into one can be extremely challenging for the voters and creates confusion,” Rand said. “We can’t tell voters what’s right with 1B and wrong with 1A in the same ad at the same time. So some of ads have promoted the positives of 1B, but this one doesn’t. And that’s just part of the challenge of managing a campaign for a competing measure.”

Bob Stone, who represents the Common Sense for Maine Taxpayers 1C PAC, also benefits from the 1B diner ad since its message clearly implies any option is better than 1A.

Pointing to MMA’s decision to change the word “would” to “could” in early ads describing 1A’s potential for reducing property taxes by 15 percent statewide, Stone said Lee and his PAC were obviously no strangers to “stretching the truth” in television ads.

“And they’re taking issue with 1B on this diner ad?” he asked. “That’s like the pot calling the kettle black.”