Groups sue Indiana over 'no-call' list

By The Associated Press

04.13.02

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INDIANAPOLIS — Four nonprofit groups that rely on telemarketing to raise money for their causes have sued Indiana over its "no-call" list.

The joint federal lawsuit filed April 10 is the second legal challenge to the state's no-call law, which took effect Jan. 1 and threatens fines of up to $25,000 for telemarketers who call Hoosiers whose phone numbers are included on the list.

About a million Indiana phone numbers are now off-limits to most telemarketers and Attorney General Steve Carter said the list "seems to be working very well."

However, the four nonprofits representing disabled veterans, state law enforcement, police chiefs and school prayer advocates claim the list violates their First Amendment rights by hampering their ability to deliver a message, to raise funds and to contact prior supporters.

The lawsuit was filed in U.S. District Court in Indianapolis by the National Coalition of Prayer, the Kentucky-Indiana Chapter of Paralyzed Veterans of America, the Indiana Troopers Association and the Indiana Association of Chiefs of Police.

It comes less than four months after criticism from citizens and its own ranks persuaded the Professional Fire Fighters Union of Indiana to withdraw a legal challenge.

Copilevitz & Canter, the same Kansas City, Mo., law firm that represented the firefighters, represents the four nonprofits.

Carter, who promised to defend the no-call law, said he believes telemarketing groups are behind the legal challenge. No-call laws have been passed in 26 states.

Attorney Errol Copilevitz said Indiana's law is being challenged partly because it exempts some groups, such as newspapers, but not others.

The groups are seeking a court order declaring the list to be a violation of their First Amendment rights to free speech and association.

But Carter said the list prohibits only one type of contact.

"I don't think the Constitution would require that people be interrupted with an annoying ring of the telephone," he said.

"They should focus on the more than 1 million phone numbers that are not on the list and not try to contact the people who have said, 'We do not want to be called.' "

In January, an Evansville company filed a lawsuit in Vanderburgh Circuit Court arguing that the law unfairly hurts their business of selling Kirby vacuum cleaners and should be declared unconstitutional.

That case, which was filed by Steve Martin & Associates and AIMKO Association, a Kansas nonprofit company, is set to go to trial April 18.

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