A Gwinnett County judge could rule at any time on whether to stop the Gwinnett School District, its superintendent Alvin Wilbanks, and the Georgia School Boards Association from campaigning against the charter schools amendment.

Attorney Josh Belinfante is asking for the injunction on behalf of four plaintiffs who complain all three are doing so on public time and using taxpayer money.

He cited examples of weekly conference calls, passage of board resolutions and referenda, and also campaigning around the state during school time

“It’s an unremarkable proposition of Georgia law that if public employees want to campaign, they need to do so on their personal time,” says Belinfante.

Victoria Sweeny, who is representing Gwinnett County schools and Wilbanks, told the judge no public funds are being used to oppose the amendment and Wilbanks, who donated $5,000 of his personal money to the opposition campaign Vote Smart Georgia, was within his First Amendment rights.

Phil Hartley, who represents the GSBA which has openly opposed the amendment, maintains it is a private, non-profit organization.

“It’s its own independent corporation that acts on its own, not based on what one or more school boards tell it to do,” he says.

Hartley complains that if an injunction is granted, it would shut down the debate on one side of the issue.