Ron Calzone, who describes himself as a "citizen lobbyist," has challenged the Sept. 3 Missouri Ethics Commission decision fining him $1,000 for failing to register as a lobbyist.
In its written order, the commission found cause to believe Calzone violated the lobbyist statute when he did not register as a legislative lobbyist in 2013 and 2014.
Calzone and his supporters have said the commission's ruling threatens individual citizens' free speech rights.
In a Sept. 10 news release, the national Center for Competitive Politics and the Freedom Center of Missouri said the commission's ruling "puts Missouri citizens at risk of fines and criminal prosecution when they speak with lawmakers about public policy. Under that preliminary order, individuals need not be paid by an organization before they can be forced to register as a lobbyist with the state - it is enough to simply mention an organizational affiliation."
Calzone often has testified at legislative hearings on behalf of the group Missouri First, which he helped found, commenting on a number of topics, including eminent domain and voting rights.
But, he argued at the Ethics Commission this summer and again in a 30-page lawsuit filed Friday, Missouri First never officially designated Calzone as its lobbyist.
"The Commission's Complaint contained no evidence of a decision by Missouri First, through its Board of Directors or otherwise, designating any person as a legislative lobbyist," Mexico lawyer Dave Roland, for the Freedom Center, and Allen Dickerson of Alexandria, Virginia, for the national group, wrote in the suit filed with the Administrative Hearing Commission.
In that suit, Calzone argued he does not meet the state law definition of a legislative lobbyist because he falls under its exception that a "legislative lobbyist shall not include any ... person solely due to such person's participation in any of the following activities ... Testifying as a witness before the general assembly or any committee thereof."
The brief reports Calzone explained that belief to Della Luaders, who investigated the complaint for the commission.
Although the commission's formal complaint against Calzone listed the state law exceptions to being a legislative lobbyist, the lawsuit argued, "The Complaint nevertheless relied upon specific examples of Mr. Calzone's testimony as evidence he was likely in violation of the lobbyist registration and reporting statute, (and the) Complaint did not provide any other specific charge or any other specific evidence that Mr. Calzone engaged in lobbying, as defined" by state law.
The suit said the Ethics Commission's complaint was lodged by Jefferson City lawyer Michael Dallmeyer, "accusing (Calzone) of being a legislative lobbyist within the meaning of Missouri law, yet having failed to comply with relevant reporting and registration requirements."
But, his suit says, the complaint really was made by the Missouri Society of Governmental Consultants, at the urging of at least two state lawmakers - Rep. Kevin Engler, R-Farmington, and Sen. Ron Richard, R-Joplin, who had "raised the question" with the Society "of bringing a complaint before (the Missouri Ethics) Commission on the subject of Mr. Calzone's status or nonstatus ... (as) a lobbyist."
The lawsuit asks the Hearing Commission to rule the Ethics Commission "had no jurisdiction over the Society's complaint" and to order the Ethics Commission "to enter dismissal of all charges against" Calzone.
The lawsuit also asks for "reasonable attorneys' fees and costs in this matter," and to "award such further relief that the Commission deems just and appropriate."
Among its other claims, the nine-count suit also asks the Hearing Commission to find Calzone's work doesn't trigger the state's lobbying law, the law doesn't cover "uncompensated persons" and the lobbyist statute is "unconstitutionally vague."