TOPEKA — A federal judge has granted a temporary restraining order to an Overland Park nonprofit organization, Fresh Vision OP, blocking the Kansas Governmental Ethics Commission from enforcing a campaign finance law. The law is being challenged for its definition of a political action committee, with Fresh Vision OP arguing that the law could be interpreted to include organizations primarily focused on neighborhood benefits but also endorsing candidates periodically. The lawsuit was filed to protect the organization’s freedom of speech rights, with the judge stating that the state’s definition of a PAC likely violates the U.S. Supreme Court’s decision in Buckley v. Valeo.
Fresh Vision OP ran into trouble with the state commission in 2021 after endorsing a mayoral candidate and opposing certain economic incentives and tolling. The organization was notified that these actions constituted operating as a PAC and faced fines and penalties for non-compliance. The temporary restraining order now allows Fresh Vision OP to resume its community advocacy activities without being regulated as a PAC.
A court hearing on a preliminary injunction and a trial on the merits of the case has been scheduled for September. The lawsuit plaintiffs, who are officers of Fresh Vision OP, argue that their organization engages in public activism and education for neighborhood improvement, small business growth, public safety, and responsible land development. The Institute for Free Speech, representing the plaintiffs, praised the court’s decision for protecting political speech from burdensome requirements placed on organizations engaged in occasional express advocacy.
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