Seattle, King County seek injunction on I-976

Franklin County's Didier takes on effort to preserve will of voters

PASCO – Area residents are hoping a King County judge will give them something to be thankful for next Tuesday by allowing Initiative 976 to go into effect while a lawsuit plays out.

As passed by voters, the measure is supposed to take effect Dec. 5.

But a King County Superior Court judge is expected to hear a motion requesting an injunction blocking the $30 car tab fee measure. The hearing is set for 9 a.m. Tuesday, Nov. 26, in King County Superior Court.

The motion seeking an injunction was filed Monday by the city of Seattle, King County, Association of Washington Cities and others. It follows a lawsuit filed by the same plaintiffs seeking to have the voter-approved measure declared unconstitutional.

The requested injunction filing also comes only a day after Franklin County residents turned out to ask their county to intervene on their behalf. Election results show 72.27% percent of county voters supported the effort to cap car tab fees at $30.

Statewide, 52.97% of voters supported I-976, introduced by initiative guru Tim Eyman.

More than 70% of voters favored the measure in 9 of 39 counties, including Lewis and Cowlitz in Western Washington, and Grant, Yakima, Franklin, Adams, Pend Oreille, Stevens and Ferry in Eastern Washington.

Voters in only six counties – Island, San Juan, Jefferson, Whatcom, Thurston and King -- opposed the measure. All of those counties are west of the Cascades.

Only San Juan County topped the 70% opposition mark; residents there rely heavily on statewide car-tab fees to help pay for ferry service to the San Juan Islands.

On Tuesday, Franklin County Commissioner and former NFL standout Clint Didier introduced motions to intervene on the lawsuit on behalf of county voters.

His peers, Commissioner Brad Peck and Chairman Robert Koch, paid only lip service to their opposition of the lawsuit and declined to second Didier's motion.

Following their lack of support, Didier vowed to personal file to intervene in the lawsuit. And in a brief interview late Tuesday evening, he said others are planning to join him in filing later this week.

Didier's efforts came a day after Eyman emailed commissioners in counties where voters supported I-976, asking them to get involved on behalf of their constituents.

Time is of the essence, he said.

"The reason Seattle is moving at breakneck speed with their lawsuit against this voter approved initiative is to make sure there's no time for anyone other than the Attorney General to participate," Eyman wrote. "They are immediately seeking an injunction to prevent the people ... from getting the policy changes and tax relief they overwhelmingly voted for."

Eyman pointed out that State Attorney General Bob Ferguson has a conflict of interest in the matter, in that he sued Eyman.

At least two state senators agree, and have asked Ferguson to step aside and allow independent counsel to defend the lawsuit. But so far, Ferguson has said he will defend the lawsuit, downplaying any conflict of interest he may have.

"Ferguson's refusal to recuse himself and his office despite his clear conflicts illustrates his arrogance and malevolence toward this measure," Eyman wrote in his email.

Eyman also called for a change of venue in the lawsuit, questioning how an elected King County Superior Court judge can preside over a lawsuit filed by King County and county executive Dow Constantine, as well as the city of Seattle and its mayor Jennie Durkan County.

Back in Pasco, Didier, too, is calling for a change of venue.

Arrogance is also a word repeated over and over by residents of Franklin County who turned out to support Didier's move to intervene in the lawsuit.

Others also called the lawsuit proponents' efforts "sickening" and "despicable," urging Franklin County to be the first to stand up and halt Seattle's attempt to run "roughshod" over Eastern Washington.

Author Bio

Roger Harnack, Owner/Publisher

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Roger Harnack is the owner/publisher of Free Press Publishing. Having grown up Benton City, Roger is an award-winning journalist, columnist, photographer, editor and publisher. He's one of only two editorial/commentary writers from Washington state to ever receive the international Golden Quill. Roger is dedicated to the preservation of local media, and the voice it retains for Eastern Washington.

 

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