Alabama ethics opinion effectively neuters LGBT advocate

Montgomery, Ala. (AP) — Attorney General Luther Strange on Wednesday praised the Alabama Ethics Commission's revised advice to lawmakers that he said is "emphatic" that legislators cannot be hired lobbyists.

In a letter to legislators, Strange and Scott Anderson, the president of the Alabama District Attorneys Association said the new opinion is a "significant improvement" over previous guidance that prosecutors said would gut the state ethics law.

"The Opinion states that a public official cannot be paid for the purpose of promoting or in any manner attempting to influence the introduction or defeat of legislation," they wrote.

While lawmakers can accept "bona fide" salaries from organizations with business before the Alabama Legislature, Strange and Anderson said it must be clear that the pay is unrelated to the legislator's public position.

Ethics Commission members revamped advice they had previously handed down regarding Birmingham Rep. Patricia Todd's employment with a gay rights group. Commissioners had initially said her work on issue advocacy was OK. However, prosecutors said they feared that created a loophole that would allow groups to pay legislators to promote their views at the Alabama Statehouse.

The ethics panel handed down a new opinion last month after prosecutors raised concerns.

Todd is Alabama's only openly gay lawmaker and has a long history of advocating for the LGBT community.

Defense lawyers for House Speaker Mike Hubbard pointed to the initial opinion in defending Hubbard who faces ethics charges accusing him of using his public position to obtain and assist business clients.

Hubbard defense lawyer Mark White said Thursday that letter illustrates the continued confusion over what's allowed, and not allowed under the Ethics Law.

Hubbard voted for and praised the law when it was passed in 2010, but now is arguing the law is vague and overly broad as he sees to have ethics charges against him dismissed.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The Gayly – November 20, 2015 @ 7:50 a.m.