Albany

New York's largest teachers union took its battle against the state's 2 percent property tax cap to court on Thursday, arguing that the mechanism is unconstitutional. The cap, one lawyer claimed, equates school districts with local sewer systems — both of which are funded by property taxes subject to the spending limit.

"We don't think this law can withstand scrutiny," said Richard Casagrande, general counsel for New York State United Teachers.

NYSUT in its filings argued that the cap removes a measure of local control from education. And they say the 60 percent supermajority needed to override the cap runs afoul of the concept of one-person, one-vote.

That's especially true compared to other government entities — including town boards or sewer districts — where elected officials set the tax rates and one vote can swing a decision either way.

Assistant Attorney General Stephen Kerwin, arguing on behalf of the state, said the federal courts have long upheld the idea that a supermajority can be required in some situations.

He also said the state Legislature's 2011 approval of the tax limit was a "rational reaction" to the "explosion'' of property tax costs that have hit homeowners over the past few decades.

The arguments, which lasted about 90 minutes, were held in State Supreme Court in Albany County before Acting Justice Kimberly O'Connor.

As well as the constitutional issues, Casagrande argued that the cap locks in inequities between rich and poor districts since wealthy voters are more likely to break the cap.

Kerwin said that prior cases say education, while addressed in the state Constitution, is not a "fundamental right ... as shocking as that sounds."

The cap, which applies to budgets in other local government agencies as well as schools, was championed by Gov. Andrew Cuomo as a big step toward containing New York's highest-in-the-nation property tax burden.

Polls have shown that voters favor the idea, but NYSUT has said that the tax limit has led to cutbacks and layoffs in many schools. The limits have also put pressure on some teachers union locals to settle for less-costly contracts when negotiating with school boards.

Both sides on Thursday worked to clear up misconceptions.

Casagrande stressed that NYSUT isn't looking for the court to raise taxes; its only desire is to have the cap, as it relates to schools, declared null and void.

And Kerwin several times stressed that the 2 percent cap isn't unbreakable: Voters could override with a simple 60 percent supermajority.

NYSUT, whose members have been complaining about the cap since it became law, might be taking a calculated public relations risk by going to court, given the cap's popularity with voters and the ongoing support it has from Cuomo.

Union spokesman Carl Korn said teachers are taxpayers and parents, too. "Our members," he said, "are parents who care deeply about public education."