SEATTLE NEWS ARCHIVES & FEATURES

Sen. O’Ban in letter to Attorney General Ferguson: Why were you AWOL?

Sep 12, 2019, 3:33 PM

After a less-than-ideal day before the Washington State Supreme Court for Sound Transit, 28th Legislative District Sen. Steve O’Ban (R-University Place) is asking Attorney General Bob Ferguson for an explanation in a letter.

Just before oral arguments were to be heard in the lawsuit against Sound Transit over its car tab taxes, it became known that the transportation agency has not been using the 1996 vehicle valuation schedule for car tab taxes that the law demands. As a result, Ferguson’s office told the Supreme Court on Tuesday that it could not appear for oral arguments later that day, where it had been set to take Sound Transit’s side.

We write to notify the Court immediately of this error. The State will not be presenting at oral argument, which will be handled by Respondent [sic] Sound Transit, and the State takes no immediate position on the implications of this issue.

Previously, the Office of the Attorney General spoke in favor of Sound Transit’s argument when the lawsuit was heard at the Pierce County Superior Court.

O’Ban: Ferguson won’t take on income tax case because he wants to be governor

For the senator, this is blatant hypocrisy when compared to another ongoing court case — the battle over the City of Seattle’s attempt to impose an income tax on residents. Article VII, Section 1 of the Washington State Constitution forbids the establishment of a graduated income tax.

“He’s AWOL; he hasn’t shown up at all to defend the 1984 law that prohibits a city like Seattle from passing an income tax, or the 1930-era case that upholds the Constitution and says it prohibits an income tax,” O’Ban told KIRO Radio’s Dori Monson. “He won’t even lift a finger to write a single brief, let alone argue, in support of taxpayers.”

As a result, O’Ban penned a letter to the attorney general.

I find your strong support of the Sound Transit law incongruous with your refusal to make any effort to defend the state and constitutional legal protections against an income tax … I can only conclude that when it comes to deciding which constitutional challenges to Washington tax laws you choose to use the power and resources of your office [for], you defend laws which increase the tax burden on Washington taxpayers, and refuse to defend laws which would protect taxpayers from new taxes.

“I think it’s incredible that he’ll show up and defend Sound Transit’s tax when it’s being challenged constitutionally, but he won’t show up and protect taxpayers against a new income tax, even though I think he’s got a duty to defend those laws,” O’Ban said.

“I think we have a really great teaching moment to look at these two different tax cases, two different laws that have constitutional challenges to them,” he continued. “The one, he shows up to protect a regressive tax against car tab taxpayers – on the other hand, he doesn’t bother to show up to defend existing law to prevent Seattle from passing an income tax.”

Ferguson’s responsibility is to his constituents, O’Ban pointed out, and Washington voters have voted down an income tax on several occasions over the years.

As a recourse, disgruntled Washington voters can use the power of the ballot box next year when Ferguson is up for reelection.

“Elections matter … this has been a great opportunity for us to realize where his priorities are, and I hope we’ll have a candidate, Democrat or Republican, who will call Ferguson on his priorities and run against him,” O’Ban said.

Listen to the Dori Monson Show weekday afternoons from 12-3 p.m. on KIRO Radio, 97.3 FM. Subscribe to the podcast here.

Juan Carlos Arce, human rights defender and refugee from Nicaragua, poses for a photo in Barcelona,...

Associated Press

6 refugees speak out as UN-backed treaty to help people fleeing war and persecution marks 75 years

GENEVA (AP) — Tuesday marks the 75th anniversary of the 1951 Refugee Convention, which was born after the ravages of World War II to help people fleeing war, violence and persecution. Proponents say the treaty has saved millions of lives. Respect for it, though, has come under strain: Some countries have denied entry to asylum […]

4 hours ago

FILE - President Donald Trump listens as Israel's Prime Minister Benjamin Netanyahu speaks at Presi...

Associated Press

Netanyahu’s first meeting with Trump since the Iran war began is a chance to smooth over strains

JERUSALEM (AP) — Israeli Prime Minister Benjamin Netanyahu’s meeting with President Donald Trump on Tuesday is the first since the two leaders launched a joint war against Iran and a chance for Netanyahu to smooth out strains in their relationship. The meeting comes as both face growing pressures at home. Netanyahu is up for reelection […]

4 hours ago

Jay Clayton testifies during a Senate Intelligence Committee confirmation hearing to be the next Di...

Associated Press

Senate expected to confirm Jay Clayton as next intelligence director

WASHINGTON (AP) — The Senate is expected to confirm Jay Clayton on Tuesday to become head of the nation’s intelligence agencies, ensuring that a permanent director is in place as the midterm elections approach. Clayton is expected to be confirmed along party lines after a contentious hearing two weeks ago in which he repeatedly refused […]

5 hours ago

Newly-sworn Sen. Darline Graham, R-S.C., sister of Lindsey Graham, walks past cameras as she leaves...

Associated Press

South Carolina Republicans line up to run in special primary to replace late Sen. Lindsey Graham

WASHINGTON (AP) — The field of Republican candidates vying to replace the late Sen. Lindsey Graham on November ballots is nearly set, with at least 10 hopefuls filing their paperwork and launching into a two-week sprint toward the Aug. 11 special GOP primary. It’s been a jumbled and frenetic period during what would have otherwise […]

5 hours ago

Members of the military stand outside of the U.S Capitol to practice for Sen. Lindsey Graham, R-S.C...

Associated Press

Lindsey Graham’s funeral to draw Trump remarks and world leaders in Washington

WASHINGTON (AP) — Sen. Lindsey Graham, the son of pool hall owners who rose to become one of his generation’s more influential U.S. politicians at home and abroad, will be eulogized Tuesday during memorial services across Washington. Graham’s remains will arrive at the U.S. Capitol, where the Republican served for more than 30 years as […]

5 hours ago

FILE - Clouds hover over the entrance of the Florida State Prison in Starke, Fla., Aug. 3, 2023. (A...

Associated Press

2nd octogenarian in modern US history faces lethal injection as Florida plans 2 executions Tuesday

FORT LAUDERDALE, Fla. (AP) — Florida is set to become the first state in nearly a decade to carry out two executions in a single day, planning lethal injections Tuesday for an ex-police officer convicted of a young girl’s murder and an octogenarian who would be the second-oldest inmate put to death in modern U.S. […]

5 hours ago

Sen. O’Ban in letter to Attorney General Ferguson: Why were you AWOL?