Houlton man ready to sue over tax cap flak

HOULTON – A local man who is a strong supporter of the 1 percent tax cap referendum is looking to take to the airwaves to support the cause, and has threatened legal action if the town prevents him from doing so.

Town councilors will have the final say as to whether he can do it or not.

Stan Ginish, a Houlton resident, has asked to use a public platform in order to express his views about the so-called Palesky tax cap. The town hosted a forum that was televised on the town’s public access channel on Monday evening. The event focused on educating taxpayers about the impact of the referendum if approved by voters in November. In a letter to interim Town Manager Phil McCarthy, Ginish requested “equal time to present the facts from the opposite side … prior to the vote on Nov. 2.” He asked for a “live broadcast” on the town’s public access channel to state his views, which could air at 6:30 p.m. Oct. 26.

McCarthy noted Wednesday, however, that the final decision about the matter rests with the Town Council. Their next meeting is scheduled for Oct. 25.

The tax cap was proposed by Topsham tax activist Carol Palesky. If approved, the plan would scale back assessed property values to their 1996-97 level and cap property taxes at $10 per $1,000 of valuation. It also would limit assessments to an increase of 2 percent a year while a property remains in a family. One component includes a rollback of property values to 1996 levels, which state supreme court justices and the state attorney general have advised is unconstitutional.

Ginish, who is a candidate for Town Council, has been an ardent supporter of the tax cap. He maintains that the town could save money by consolidating schools and issuing taxes and surcharges to religious and fraternal organizations. In his letter, Ginish said that not allowing him to use a public platform to express his views was “a violation of both my state and federal constitutional rights.”

McCarthy strongly denied that statement Wednesday, and in a letter to Ginish, reminded him of his candidacy for the council. The manager warned that if Ginish makes any kind of political statement regarding the election or states that he is running, “the program will terminate immediately.”

The manager also concluded that in giving air time to proponents of the referendum, the town would have to give equal time to opponents of the cap. If anyone comes forward, they will be allowed to speak on the 26th as well.

Ginish, who also resides in Weston, is no stranger to legal battles. He has successfully sued the town of Weston twice to gain access to municipal documents under the state’s Freedom of Access law. He warned McCarthy is his letter that “if I prevail in a claim for a constitutional rights violation, you yourself may be personally liable, besides the town of Houlton.” Ginish also gave the town an ultimatum – “allow equal time or continue to violate my constitutional rights and we will be in court.”

The manager is proceeding with plans for the Oct. 26. airing until the council makes a decision, but said he disagreed with some of Ginish’s statements.

“We’re not violating his constitutional rights,” McCarthy stated Wednesday. “And I’ll stick to that 100 percent.”