Naked City

The Texas Association of Business suffered a setback last week when U.S. District Judge Sam Sparks threw out its lawsuit against more than a dozen unsuccessful legislative candidates in the November 2002 election.

The powerful business lobby group sued the candidates to forestall the possibility that they themselves might sue T.A.B., as four other candidates did shortly after the election. The pre-emptive lawsuit was but one facet of T.A.B.'s efforts to defend its use of secret corporate money to fund a $1.9 million political advertising campaign designed to undermine 22 legislative candidates (all of them Democrats).

There is no word yet on whether the business group will appeal Sparks' ruling. The seven-page order essentially clears the way for the candidates to sue T.A.B. on claims that the group violated state election laws. But Austin attorney Jim Boyle, who served as defense co-counsel with Renea Hicks, said he doesn't know who, if any, among the candidates is willing to extend the battle. "Many of these folks are just wanting to get away from this," Boyle said.

The business group continues to defend its ad campaign as "educational" in nature and therefore exempt from laws requiring disclosure of the identities of T.A.B.'s financial backers. Complaints from consumer groups have prompted a criminal grand-jury inquiry into the matter; that case is currently hung up in an Austin appeals court; related civil lawsuits are also on hold.