Robinson, Stein campaign lawyers in dispute over attack ad about ‘unsanitary’ daycare

Lawyers for Republican Lt. Gov. Mark Robinson and Democratic Attorney General Josh Stein — who are running against each other to be the next North Carolina governor — are exchanging letters over a Stein campaign attack ad against Robinson.

Here’s what you need to know about the ad and where things stand.

Stein’s ad, which is still airing, focuses on the former childcare center owned by Robinson’s wife, Yolanda Hill, where Robinson also worked.

Lawyer letters

As of Thursday, three letters have been exchanged: one to the Stein campaign from Robinson’s campaign lawyers, a response from Stein’s lawyers, and a third from Robinson’s campaign lawyers in response.

In the first letter, attorneys from the Dickinson Wright law firm ask the Stein campaign to stop airing the ad, saying that the ad includes “false attacks” and that continuing to air the ad “will be considered malicious. Moreover, failure to comply with the demands in this letter will force our clients to seek legal recourse to the fullest extent of the law.”

The center of the dispute is the ad’s claim that the childcare center was unsanitary and endangered children, and the use of video that is not from the actual daycare.

The second letter, from the Elias Law Group on behalf of Stein’s campaign, defends the ad and says the accusations have no merit.

As of Monday, the latest letter, from Robinson’s lawyers, describe Stein’s lawyers’ response as “legal caterwauling.”

The letter also says the Robinson campaign renews “our demand that Stein and his campaign cease and desist from these knowingly false attacks, or as they say, ‘dramatic visualizations,’” referring to the video used during descriptions of the daycare.

What the DHHS records show

The ad takes some information from findings from the N.C. Department of Health and Human Services Division of Child Development and Early Education.

In documents previously reported by The News & Observer and other news outlets, Precious Beginnings Child Development Center in Greensboro had several violations in 2005, 2006 and 2007 after visits from DHHS officials.

Records show that Precious Beginnings was notified of problems ranging from not having enough caregivers present for the required ratio of staff to children, not having accessible employee records, not labeling and refrigerating all formula and other beverages for children, not complying with rules about types of food served, an infant not placed on its back to sleep, and no dolls and other appropriate books and toys provided for younger children. Even with demerits issued during compliance reviews, the daycare still received a “superior” rating in at least one report.

In a 2005 unannounced follow-up visit from DHHS, documents show that several problems had been corrected, including staff-to-student ratios and supervision, but the center was cited for some employees not having records of required training. The report also says the “operator made attempts to falsify information” related to the training.

What Robinson, Stein say

In July, Robinson told WFAE radio in Charlotte that there were not problems with the daycare and that “people are slinging mud at the wall.”

Robinson told WFAE that “we simply sold it because my wife got burned out and decided to move on and do something else.”

In a statement to The N&O, Stein’s campaign manager, Jeff Allen, defended the ad.

“The ad is factually accurate, based on publicly available information, and, to date, the Robinson campaign has yet to provide any new factual information to refute the ad’s claims. Mark Robinson may want to hide his record from North Carolina voters, but the voters deserve to know it,” Allen said.

What else to know

The letters also bring up a situation from the 2020 election for attorney general, when Stein defeated Republican Forsyth County District Attorney Jim O’Neill. That dispute was also over an attack ad from Stein’s campaign, and led to an investigation by the Wake County DA’s office that was eventually resolved by the Fourth U.S. Circuit Court of Appeals in 2023, the Associated Press reported.

In an interview this past spring, O’Neill said he’s still shocked by Stein’s lawsuit during the investigation, saying that his own record “stands for itself, speaks for itself. And (Stein) was not able to attack me on my record.”

Stein’s campaign spokesperson said Thursday that the O’Neill ad “was true. The State Board of Elections agreed and recommended the matter be closed.”

O’Neill ran in the Republican primary for lieutenant governor this year, resulting in a second primary, which he lost to candidate Hal Weatherman.

“It is also true that Mark Robinson can’t run a daycare and we can’t let him run our state,” said Kate Frauenfelder, Stein’s spokesperson.

As of Thursday afternoon, neither the Stein nor Robinson campaign has taken any additional action about the ad.

NC Reality Check is an N&O series holding those in power accountable and shining a light on public issues that affect the Triangle or North Carolina. Have a suggestion for a future story? Email realitycheck@newsobserver.com