New wrinkle in court fight against DIA tax

Macomb County Commissioner Roland Fraschetti, who first raised questions about the Detroit Institute of Arts tax, put county Prosecutor Eric Smith on the spot this week when he publicly urged the prosecutor to join in a lawsuit challenging the limits attached to the DIA promise of “unlimited free admission” once the museum’s tri-county tax passed in August.

At a Board of Commissioners budget session on Tuesday, Fraschetti rose and called out Smith, who was sitting in one of the front rows in the audience. If Smith, as the county’s top attorney, would enter into the lawsuit with a “friend of the court” legal brief, the commissioner said, county Circuit Judge John Foster might agree to make his ruling apply to all county residents.

Smith, a Clinton Township Democrat, listened quietly and made no comment.

The lawsuit claims the DIA is reneging on the free admission promise by continuing to charge for entrance to special exhibits. But lost in the initial burst of news coverage is the fact that the suit seeks relief under the state’s consumer protection law. If granted by Foster, that relief would only apply to the Republican activists who filed the suit – anti-tax activist Leon Drolet of Macomb Township, Philis DeSaele of Sterling Heights, Simon Haddad of Clinton Township, and Dennis and Judy Buccholtz of Warren.

While DIA board members denounce the court challenge as another example of Detroit bashing by suburban GOP activists, Fraschetti, a St. Clair Shores Republican, said he has some more embarrassing evidence to present that will make his case.

Earlier this year when DIA officials were trying to convince the county board to put the millage issue on the August primary ballot, they gave tickets for admission to the DIA to each commissioner.  At the time, an entrance fee to the museum was standard.

But when Fraschetti objected to this type of lobbying, the board agreed that the tickets probably violated the county’s new Ethics Ordinance which prevents officials from accepting gifts. All tickets were apparently returned.

Fraschetti said on Tuesday that the incident also led to this: Those tickets included a fine-print disclaimer that said entrance to special exhibits is separate from the ticket price. 

The question is: Why would the DIA’s pre-millage tickets include a disclaimer but the language in the post-election contracts signed with Wayne, Oakland and Macomb counties did not?