Two of the state’s largest school districts will appear in Fulton County Superior Court later today over accusations by supporters of the charter schools amendment that they are using public resources, including their websites, to oppose the November ballot question.

Plaintiffs in the suit include two parents of charter school students and the chairman of the Jackson County Republican Party.

Atlanta attorney Glenn Delk, who is representing the group, tells WSB's Sandra Parrish neither Gwinnett nor Fulton Counties have taken any action to curb their opposition to the amendment since an opinion was issued by State Attorney General Sam Olens last week.

In a memo distributed to local school boards, Olens said no public funds or resources could be used to advocate either for or against a constitutional amendment.

"We don't believe the Attorney General's opinion has slowed the districts down, and so to enforce the opinion, we've taken this action," says Delk.

In particular, he wants the districts to remove from their websites the section called “frequently asked questions” which he claims are thinly-disguised advertisements against the amendment.

He also wants district PTAs to stop disseminating anti-amendment literature.

"If the judge agrees with us and issues an injunction, and they continue to engage in those activities, they could be held in contempt of court," he says.

Delk says neither Barge nor the state school board were included in the suit because he says both have complied with the opinion.

In a statement issued late Tuesday by Gwinnett Superintendent Alvin Wilbanks, he says: "In providing information to the public regarding Amendment 1, I have done nothing wrong or improper. These lawsuits are simply another attempt to bully, intimidate, and silence the citizens and public servants who are trying to clarify the amendment in order to counter the misleading language of the preamble and the ballot question itself. This is not a partisan issue. Educating voters on Amendment 1 is so important that people from all political parties are collaborating to ensure voters have full and accurate information about it. That said, I fully understand and abide by what legally I can and cannot do regarding the use of public funds in this effort. I also know that as an American citizen I have freedom of speech rights that are protected by the United States Constitution. I fully intend to continue exercising those rights, regardless of the tactics employed to try to keep me quiet."