MYNORTHWEST NEWS

Eyman calls judge’s 976 ruling ‘a win’ as court battle continues

Feb 12, 2020, 12:59 PM | Updated: Jul 8, 2022, 6:25 am

Tim Eyman, $30 car tabs, I-976...

Tim Eyman attempting to argue his case in favor of I-976 in court in November. (Hanna Scott, KIRO Radio)

(Hanna Scott, KIRO Radio)

A King County Superior Court Judge issued an initial ruling on the ongoing I-976 court battle Wednesday, rejecting the core arguments that claim it’s unconstitutional.

How a legal challenge to I-976 might play out in court

Judge Marshall Ferguson struck down all but two issues with I-976 presented by the City of Seattle, King County, and other plaintiffs. An injunction currently in place against I-976 will continue to be in effect while additional discovery is completed on those remaining two claims.

Initiative sponsor Tim Eyman, who is running for governor, called the ruling “a win” for voters and “really, really stunning,” considering that a King County judge was ruling against a group of plaintiffs that included King County.

“It’s a real thrilling victory … it’s a very good outcome, and I’ve got a real spring in my step because of this ruling today,” he told the Dori Monson Show.

One of the main arguments presented by plaintiffs against the $30 car tabs measure was that it violates the “single subject” rule. Single subject rules exist to prevent a practice called “log-rolling,” when single initiatives contain multiple topics that are not necessarily related to each other.

That claim was roundly rejected by Judge Ferguson.

“Plaintiffs’ argument is not persuasive,” he stated in his ruling.

To that effect, he pointed out that I-976 exists as a broad directive related to lowering car tab fees.

“I-976’s ballot title is general, not restrictive,” he said in his ruling. “Because I-976 generally ‘concerns motor vehicle taxes and fees,’ its various substantive provisions need only be germane to that topic and to one another to survive single-subject scrutiny.”

Another argument from plaintiffs related to the single subject rule was based on how provisions laid out in I-976 also vary in the timing and scope of their implementation.

“In their view, some of I-976’s provisions are continuing and long-term in nature while others are specific, time-limited, and achievable in the near term,” Ferguson’s ruling describes. “Although Washington law certainly recognizes this distinction … Plaintiffs’ attempts to argue the distinction in this case hinges on ambiguous subjective characterizations of I-976’s provisions.”

The next steps for Sound Transit in the wake of I-976

In total, Ferguson dismissed seven separate claims of unconstitutionality made by plaintiffs. Discovery on the remaining two issues will need to be scheduled before the rest of the case can move forward.

Eyman said this victory makes him feel confident if the case goes before the Washington State Supreme Court.

“All of the various claims made by the government were shot down by this judge, and it’s going to be much harder for the nine Supreme Court justices to say, ‘No, we really do think voters were confused,'” Eyman said.

Washington State Attorney General Bob Ferguson, who was tasked with defending 976 in court, said in a statement, “We appreciate the court setting aside the antics of Tim Eyman, which made our job defending the will of the voters more difficult. It’s worth noting that the hearing in which Eyman had an outburst, we lost, and the hearing in which Eyman was silent, we won.”

In the meantime, Seattle City Attorney Pete Holmes noted that he is “disappointed” by the ruling, and that his office is “assessing the order and evaluating options for next steps.”

Seattle Mayor Jenny Durkan issued a statement on Wednesday:

We respectfully disagree with the ruling today from Judge Ferguson and will continue to make our case about the unconstitutionality of I-976. Our residents have made it clear they support increasing transit, safer roads for everyone, and free ORCA for our young people, and voted overwhelmingly for transit and against this initiative. We will assess what impact this ruling will have, but we remain optimistic about the ultimate outcome.

MyNorthwest News

Photo: Public Health is investigating a potential measles outbreak....

Julia Dallas

King County Public Health monitoring potential measles case

Last week, the WA Dept. of Health informed Public Health that a group of travelers visiting Seattle were exposed to people with measles.

9 hours ago

Photo: Sequim....

Nate Connors

Annual Washington Coast Cleanup looking for volunteers ahead of Earth Day

The Washington Coast Cleanup is held every year on the Saturday before Earth Day. This year it's Saturday, April 22.

10 hours ago

Photo: A Pierce County teacher was arrested in connection to child molestation....

Julia Dallas

Pierce County elementary school teacher arrested in connection to child molestation

According to the sheriff's department, a student at Evergreen Elementary School in Lake Bay made a report to deputies on February 26.

11 hours ago

Basil is seen in grocery store. (Photo by Jakub Porzycki/NurPhoto via Getty Images)...

Bill Kaczaraba

Trader Joe’s recall: Salmonella found in basil

The Centers for Disease Control and Prevention (CDC) has issued a food safety alert following an outbreak of Salmonella infections.

11 hours ago

Photo: A new vending machine at an Arlington high school is offering students free meals....

Julia Dallas

Arlington school breaks barriers one vending machine meal at a time

Weston High School now offers a vending machine with free breakfast or lunch for students who miss a meal.

12 hours ago

The WNBA's Seattle Storm opens new facility in Interbay. (Seattle Storm X post)...

By TIM BOOTH AP Sports Writer

Seattle Storm unveil new Interbay practice facility, alternative uniforms

SEATTLE (AP) — Alisha Valavanis walked around as the new performance center for the Seattle Storm was unveiled on Thursday filled mostly with joy and a little sadness. The joy for the CEO of the Storm — who has been with the team for nearly a decade — came from helping bring to completion the […]

12 hours ago

Eyman calls judge’s 976 ruling ‘a win’ as court battle continues