Update: On Monday, August 6, the judge denied the temporary restraining order Dana Kelly-Franks filed against Mavis Thompson, saying there was no hard evidence that the license collector planned to keep distributing her opponent’s personal information. Thompson’s counsel assured the court it would never happen again.
Original story:
St. Louis License Collector candidate Dana Kelly-Franks filed for a temporary restraining order on Friday, August 3 against incumbent Mavis Thompson, after Thompson released documents to the St. Louis Post-Dispatch that contained Kelly-Franks’ Social Security number and other personal, identifying information.
In the Post-Dispatch’s July 31 non-endorsement editorial in the license collector race on the August 7 ballot, it stated, “The documents included Kelly-Franks’ original business-license application, which contains Kelly-Franks’ Social Security number, date of birth, state driver’s license number and other confidential information. Thompson released it publicly, unredacted.”
Thompson’s lawyer Mark Levison, who was at the editorial meeting, told the Post-Dispatch that any member of the public can submit a Sunshine Law request to access such records.
“Levison said Thompson didn’t need to file a Sunshine request because she was already empowered as license collector to access that information,” the Post-Dispatch stated. “Using her office this way to gather dirt on her opponent poses a serious potential campaign-ethics violation.”
The hearing for the restraining order will be held 2 p.m. Monday, August 6 in the St. Louis County Circuit Court, Division 1.
The St. Louis American reached out to Thompson for a comment on the restraining order and the Post’s statements, but she has not yet responded.
The lawsuit points to a Missouri law that would make their conduct illegal. Missouri statute section 610.035 prohibits public agencies like the License Collector’s Office from releasing Social Security numbers. It also makes it illegal for anyone who obtains a Social Security number from a public agency to release the number to anyone else.
Kelly-Franks doesn’t plan on filing a complaint to the Missouri Ethics Commission before the primary, but she did want to ensure her family’s safety, said Lindsay Pattan, Kelly-Franks’ campaign manager.
“All we are talking about now is the message that she’s always had, which is that behavior like this ‒ legitimate corruption in City Hall and the License Collector’s Office ‒ holds our community back,” Pattan said. “It’s not fair to the people who the government is meant to serve. That’s what she wants to change. That’s why she’s doing this.”
However, 7th Ward Alderwoman Marie Ceselski announced on Twitter that she filed a complaint with Attorney General Josh Hawley’s officerequesting his “investigation and prosecution” of Thompson.
By bringing the daily newspaper her challenger’s documents, Thompson was attempting to show that Kelly-Franks has been negligent in obtaining a business license over the years ‒ an accusation that the Post-Dispatch also ran with.
However, Pattan said her current financial consulting business ‒ The Firm in South St. Louis city ‒ is under her name. But the businesses she owned previously were in her partner’s name, which checked out as accurate on the Missouri Secretary of State’s website.
Pattan said, “Her businesses have always been properly registered.”
Aside from the disclosure of Kelly-Franks’ confidential information, some have raised other issues with Thompson’s campaign.
Her website lists former St. Louis mayor Vince Schoemehl as endorsing her. However in a tweet on August 2, Schoemehl clarified that he had never endorsed Thompson on Twitter.
“I like Mavis, but I have no recollection of giving her my endorsement (my name has appeared as doing so), and I think I’d remember that!!” he wrote. He said he is an “active member of the 28th Ward Democrats” that overwhelmingly voted to endorse Kelly-Franks.
Thompson also listed among her endorsements 27th Ward Committeeman Chris Carter, who told The American he is not going to endorse in that race. Steve Conway is listed as the former 8th Ward alderman; however, as the mayor’s chief of staff, Conway is not allowed to endorse in any race.
Thompson claimed on her website to have the endorsement of 1st Ward Committeewoman Yolanda Brown. But Brown took to Facebook to say otherwise.
“I met with Mavis Thompson just as I met with other candidates,” Brown posted. “The meeting with Ms. Thompson ended the same as with other candidates – with the words, ‘I will get back with you.’ I never said yes to an endorsement and my name shouldn’t be used without my permission.”
This story is developing; check back for updates.
