Hello, everyone!
April has been an interesting month (to say the least) and we’ve got quite a few updates in store for you. We’re happy to report that all of us here at CADF have been working overtime to fight for your rights, and our hard work is paying off!
Case Updates
unDivided Media LLC v. City of Seattle | THE CITY’S MOTION FOR PROTECTIVE ORDER WAS DENIED!
UPDATE: You might recall that we represent Brandi Kruse/unDivided Media LLC in her public records lawsuit against the City of Seattle. The City recently filed a motion for protective order in an attempt to stop us from deposing 5 key witnesses in the case. Just last week, the judge denied their motion, thereby allowing us to move forward with depositions! So far, we have deposed two witnesses in the case and are working to schedule dispositive motions that will allow for a final resolution in the next few months. We will keep you posted on that hearing date!
BACKGROUND: On June 6, 2023, Councilmember Andrew J. Lewis voted to reject a proposal by the city attorney to prosecute drug offenses. His vote was contrary to statements he’d made in support of the measure just hours before the vote took place.
On June 21, 2023, in an effort to ascertain whether special interests influenced his vote, Brandi Kruse filed a narrow public records request, seeking text messages, emails, and phone calls to and from the Councilmember over a ten-hour period prior to and after the vote.
The City then withheld the release of those records until after both the primary and general elections, both of which had Andrew Lewis’ name on the ballot. Regardless of whether or not this was politically motivated (as we believe it to be), the City violated the Public Records Act by failing to turn over records in a timely fashion. It’s worth noting that the City also filed a Motion to Dismiss earlier this year, and that too was denied!
Padden and Corry v. State of Washington | Fighting Against the Ban of Gas Powered Cars
On January 29, 2024, CADF (through outside counsel) filed a Motion for Summary Judgment in a suit brought by two members of the legislature against the State of Washington, the Washington State Legislature, Governor Jay Inslee, and Laura Watson (as the Director of Washington State’s Environment and Natural Resources Division).
We represent Senator Mike Padden and Representative Chris Corry in the court action that challenged legislation that allowed Ecology to adopt rules here in Washington that were ultimately passed by the – notably, unelected – California Air Resources Board.
This in and of itself is problematic, undemocratic, and unconstitutional, but what’s just as bad is that these rules ban the sale of motor vehicles with combustion engines in Washington starting in 2030 – causing great strain to plenty of hardworking Washingtonians – and the Washington state legislature passed them without a hearing or public comment here in Washington State.
We fought hard in court at a hearing just yesterday, April 29th, and offered compelling arguments in our favor. That said, the Court ultimately heard argument on cross-motions brought by each side and, unfortunately, ruled in favor of the state. This decision flies in the face of well-established caselaw and as such, we are evaluating next steps. We’ll keep you updated!
Amicus Brief
- Gonzales v. Inslee | April 15, 2024
- CADF partnered with the Washington Policy Center to file an amicus brief opposing Governor Inslee’s COVID-19 eviction moratorium. This moratorium had several legal flaws, but most notably, it directly contradicted with a property owner’s fundamental right to exclude, which is a vital component of property ownership.
SCOTUS WIN
Sheetz v. City of El Dorado | A WIN FOR PROPERTY RIGHTS
As you might recall from last year, CADF filed an amicus brief in the Sheetz v. El Dorado case on behalf of the appellant – a humble Californian homeowner who simply wanted to add a modest addition to his manufactured home.
George Sheetz was charged astronomical impact fees by the county of El Dorado for pursuing this addition. CADF, alongside the Washington Business Properties Association and Soundbuilt Homes LLC, argued that those fees did not directly correlate to the impact of construction, making them unconstitutional.
The U.S. Supreme Court agreed, and earlier this month, they released their unanimous opinion in favor of Sheetz. We were so happy to have been involved in such a landmark SCOTUS win!
In Other News…
CADF Presented at the 2024 GOP Convention!
Although CADF is a nonpartisan organization, we were invited to lead two separate panels to discuss our work, and we were pleased to be joined by many attendees at both the early morning and afternoon presentations! We had the opportunity to update attendees on our recent litigation and our fight to hold the current administration in Olympia accountable.
Have an idea or cause you’re passionate about?
Suggest it at the link below! We review issues regularly and are happy to hear your thoughts.
STAY INVOLVED
Donate to CADF: Make a tax-deductible donation at any level today to support our ongoing efforts to take legal action that will significantly impact public policy, open government, and tax relief.
Connect with us on social: Stay connected with us on all of our social media platforms to stay in the loop about our cases, events, latest media updates, and chances to get involved.
As always, we are so grateful for your support.
Thank you,
Paige Jaramillo
Citizen Action Defense Fund