Mark Fortney says he wanted to oppose the city’s smoking ban, not to personally attack a member of the Lawrence City Commission.

But a finance report filed Monday shows Fortney’s bar as the sole contributor to the organization that sent out postcards criticizing Commissioner David Schauner during April’s election campaign.

“We’re totally upset,” said Fortney, president and CEO of It’s Brothers Bar & Grill, 1105 Mass. “We would never make any type of attack toward any city official. We work with these people.”

Fortney said he was told by Mike Capra, an area plumber and frequent Schauner critic, that the $500 donation would go toward a campaign to overturn the city’s smoking ban in bars and restaurants.

Teachers for a Better Lawrence was behind a postcard sent out days before the April 5 election, giving Schauner an “F” grade for his support of education. The Kansas Governmental Ethics Commission last month ruled the mailing fell under state rules requiring the disclosure of contributors and spending by a political action committee.

The report, filed Monday, confirmed Capra as chairman and treasurer of the group. Capra previously had acknowledged to the Journal-World that he was an organizer of the group.

When contacted Monday, Capra refused to comment.

More later?

Aside from the $500 contribution from It’s Brothers, however, the report contained little information. That’s because state law gives candidates and political action committees until Jan. 10 to report the fund raising and expenditures that happened in the final days of the campaign season.

“This is ridiculous,” said Wally Emerson, chairman of the Progressive Lawrence Campaign, which last month filed the complaint that forced the group to file a report. “The voters of Lawrence need to find out who so badly wanted to influence this election. This is the poster child for campaign finance reform.”

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Fortney said Monday he had never heard of Teachers for a Better Lawrence. He said Capra asked his business to make a contribution to an effort to overturn the city’s smoking ban. Fortney said he had no idea the money would be used to launch a negative campaign against Schauner, who was re-elected.

“Would we support a smoking coalition? Yes,” Fortney said. “Would we attack a city commissioner? Are you crazy? All I can say is my humble apologies go out to Commissioner Schauner and his family.”

Fortney — who works out of the bar’s La Crosse, Wis., corporate offices — said he called Schauner on Monday and apologized for any pain the postcard caused him. Fortney said he was contacting his corporate attorney to determine whether there was legal recourse against Capra.

Finance laws

Area legislators said they hoped the incident would spur changes to the state’s finance laws. Sen. Marci Francisco, D-Lawrence, said she supported a bill that would have required candidates and political action committees during the last 11 days of a campaign to file an electronic report within 48 hours detailing any contributions of $350 or more. The measure was passed by both legislative chambers, but the Kansas House rejected the conference committee version of the bill late Sunday.

“The same legislators will be back next year, so there might be some hope for next session,” Francisco said.

Phil Bradley, an organizer of Lawrence bars and restaurants lobbying to overturn the smoking ban, said his group was not connected with Capra’s efforts.

“I was as surprised as anyone else,” Bradley said of the postcard. “I think it (the mailing) was an inappropriate effort. It shouldn’t have happened. Lawrence is better than that.”