Manatee School for the Arts to fight whistleblower lawsuit

PALMETTO - Manatee School for the Arts plans to fight a whistleblower lawsuit filed against it by a federal agency, contending the charter school is part of the public school district and is therefore a state entity, its attorney said Tuesday.

“Pursuant to the Constitution, the federal government does not have jurisdiction over state government,” said attorney Bill Curphey, “and they know they don’t. I think this is bullying.”

The school also contends it wasn’t even aware that David Shack, a former theater technician at the school, had filed a complaint against the school when his contract was not renewed in July 2009, Curphey said.

Shack did not return a call seeking comment.

The Department of Labor's Occupational Safety and Health Administration announced Monday it has filed suit against the school, seeking reinstatement for Shack and back pay and benefits. The suit says he was fired by the school after filing safety complaints against the school with the agency.

Watch for further developments in this story on bradenton.com.

This story was originally published March 13, 2012 at 4:16 PM with the headline "Manatee School for the Arts to fight whistleblower lawsuit."