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May 2024 Newsletter

Hello everyone!

May was a very busy and interesting month for us here at CADF and I’m happy to report we’ve seen quite a bit of progress in our cases.


Motion to Dismiss

This morning, we filed a response to WSDOT’s Motion to Dismiss, pointing out compelling inaccuracies in not just their overall argument, but in their claim that Smith doesn’t qualify as a whistleblower. (Spoiler alert: he does, and the law says so)

WSDOT’s Investigation Report

Earlier this month, the investigator WSDOT hired and paid for released their incomplete ninety-one (91) page report. Although the media has claimed that the report supports WSDOT, it actually corroborates many of Smith’s claims described in our lawsuit. Additionally, many witnesses refused to participate in the investigation, and the report itself noted that its result might have been different had everyone decided to partake. The report is unfounded and the summary is misleading, as the content of the report indisputably verifies and confirms the hardship Smith endured.

Hearing: Motion to Dismiss

Both sides will present their arguments at a hearing set for June 21, 2024 in Thurston County Superior Court.

It will be open to the public either in person or via Zoom:

Date: June 21, 2024

Time: 9:00 a.m.

Address: 2000 Lakeridge Dr SW, Olympia, WA 98501

Zoom: 846-3408-9705#, Passcode: 1234


In March 2024, CADF filed a lawsuit against WSDOT on behalf of Scott Smith, who earlier last year was pressured by the Governor’s Office of Financial Management and the Washington State Department of Transportation to change the numbers in his reports that indicated that the cap-and-trade program was significantly impacting the cost of fuel. This occurred while the Governor was publicly accusing the fuel industry of lying about the cost of the program.

When Smith refused to change his numbers, he was forced out of state service, as WSDOT retaliated against him by eliminating his job, denying him leave (that he was entitled to take) to visit his sick mother, denying him basic software upgrades that allowed him to do his job, and so much more.

In response to the whistleblower suit, WSDOT filed a Motion to Dismiss, claiming that none of that can be considered retaliation.

Our take? It is absolutely insulting to think that the state is arguing they can blatantly mistreat their employees, bully and pressure them into caving political pressure, and then openly retaliate against them if they don’t comply. We’re proud to fight for Scott and will keep you updated as the case progresses.

UPDATE: This month, we have continued to depose relevant witnesses and provided our witness list to the court. There are two remaining depositions to conduct and the Motion for Summary Judgment hearing is slated for July 26, 2024 at 9 a.m.

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!

On May 28, 2024, CADF filed a Motion to Intervene on behalf of Amber and John Goldade, the parents of Immaculee Goldade, a 12-year-old girl that was struck and killed by a driver joyriding in a stolen vehicle. Two weeks prior to losing their daughter, that same driver had robbed a landscaping company that owned that truck, but police were unable to pursue him due to existing police pursuit laws.

We represented the Goldades earlier this year in their plea to the legislature to hear all six initiatives this past session, including the initiative to restore reasonable police pursuit. Thankfully, the legislature heard and passed three of the six.

The remaining three will go to the ballot this November, but are currently set to include incorrect financial statements in the ballot initiative, which is not only unnecessary for these particular measures, but will confuse voters on what the actual impact of these changes would be.

The hearing is set to take place on June 7, 2024 – we’ll keep you updated on how this case progresses.

CADF Presented at the 2nd Annual Project42 Whatcom County Reception!

Executive Director Jackson Maynard had a chance to share a bit about our organization and the work we’re doing to fight for your constitutional rights!

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.


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As always, we are so grateful for your support.

Thank you,

Paige Jaramillo