SEATTLE NEWS ARCHIVES & FEATURES

Seattle income tax may not make it to Supreme Court

Nov 28, 2017, 5:23 AM

income tax...

(AP Photo/Mark Lennihan, File)

(AP Photo/Mark Lennihan, File)

A ruling by a King County court judge last week against the City of Seattle’s income tax may have been expected, but that doesn’t mean it’s not a setback.

RELATED: Seattle’s tax loses in King County court

Jason Mercier, the Director of the Center for Government Reform at the Washington Policy Center, spoke with KIRO Radio’s Dori Monson to weigh in on Judge John Ruhl’s decision.

“When you consider state law and prior court precedent, the ruling did not come as a surprise,” Mercier said.

Seattle’s goal from the beginning has been to take the tax all the way up to the state Supreme Court. Nonetheless, Mercier called the court decision “devastating” for the city.

“Because it’s prohibited by state law, [Judge Ruhl] didn’t even address the constitutional issues that Seattle was trying to raise to see if it could get the Supreme Court to try to overturn 80 years of case law,” he said. “There’s a slight chance that it might not get to the Supreme Court.”

If the city appeals the decision as many expect it to, Mercier said, the Appeals Court could rule unanimously to uphold Judge Ruhl’s original ruling. In that case, it is possible that the state Supreme Court would let the Appeals Court decision stand.

Mercier does not disagree with the idea that the Constitution is a living document, one that can be changed as society changes.

“The voters are supposed to do that,” he said.

But not the courts, he argues, and Seattle voters have not been willing to approve constitutional amendments relating to an income tax in the past.

In the last century, Seattleites have voted 11 times on the issue of an income tax, and have nearly always chosen against it. Most recently, voters rejected initiative 1098 in 2010. The last time an income tax initiative was approved was in 1932. That measure was later thrown out by Washington’s Supreme Court in 1933.

“We consistently reject proposed constitutional amendments to allow a graduated income tax,” Mercier said.

If Seattle is able to pass the income tax, some fear that other cities across the state will follow.

“That’s not a speculative concern,” Mercier said. “This is all about bringing an income tax to every city in the state.”

One of the city’s arguments for the income tax is that it isn’t actually an income tax, but an excise tax. Another argument is that it is simply a tax on the privilege of living in Seattle.

“If you don’t like that you can move to Bellevue,” Mercier explained.

Mercier also discussed how the income tax ruling might affect the possibility of a future state capital gains tax. A capital gains tax, something that was initially included in Governor Inslee’s proposed budget for 2017-2019, is a tax on profit gained from the sale of a property or an investment.

“Even though we have heard Governor Inslee say that he does not support an income tax, and even though we have heard many in the Legislature say they do not support an income tax, they say, ‘Well, we do want a capital gains tax,’” Mercier said. “It’s the same thing.”

“The fact that you are required to report your income tax to the state should be a pretty clear indication on what type of tax it is.”

The continuing litigation relating to the income tax will cost the city money, Mercier said. “Not counting their in-staff attorneys, they have an outside contract with outside counsel for $250,000.”

FILE - Diana McGuire leads her 4-year-old son Noah by the hand across the playground at St. Mary's ...

Associated Press

It’s not just gas and groceries. Childcare costs weigh on some voters before the midterm elections

Like so many Americans, Jenny Escolastico has watched wearily as the cost of living has risen, straining her household budget. But as a mother of two children under 5, she faces added pressure that could shape how she votes in November: childcare costs. Escolastico’s household outside Allentown, Pennsylvania, is relying solely on her husband’s income. […]

5 hours ago

FILE - California Gov. Gavin Newsom speaks about his state budget proposal May 14, 2026, in Sacrame...

Associated Press

California state workers launching 1-day strike over return-to-office mandate, pay and healthcare

SACRAMENTO, Calif. (AP) — California state workers will launch a one-day strike Wednesday, urging Gov. Gavin Newsom’s administration to agree to a new contract that increases workers’ pay, ensures affordable healthcare access and allows more flexibility for remote work. SEIU Local 1000, the largest union for California government workers which represents more than 100,000 employees, […]

5 hours ago

President Donald Trump speaks in the Oval Office of the White House, Tuesday, Oct. 20, 2026, in Was...

Associated Press

A ‘golden age’ vs. ‘we’re working on it’: Trump and Vance give different pitches on the economy

WASHINGTON (AP) — President Bill Clinton famously said he could feel voters’ pain over the economy. But these days, when it comes to questions about high prices, President Donald Trump insists that the pain is his. “They hit me with affordability, and that’s the first time I ever heard the word used,” he complained in […]

5 hours ago

Josh Ramsey, an employee at the Oxford Tobacco Research Station, smokes a cigarette as he carries a...

Associated Press

Whether `stringing’ or `looping,’ tobacco is the tie that binds many North Carolina farm families

RALEIGH, N.C. (AP) — When Sophie Sunday told her schoolmates she was taking off halfway through the school day, they couldn’t wait to find out why. “`I’m going to loop tobacco at the fair,’” the seventh grader told them. “And they’re, like, `What?’ They don’t have a clue.” To be fair, most people don’t. At […]

5 hours ago

Associated Press

FBI is investigating reports of an ‘incendiary device’ being thrown at an ICE building in Atlanta

ATLANTA (AP) — The FBI is investigating reports of an “incendiary device” being thrown at the U.S. Immigration and Customs Enforcement building in downtown Atlanta on Tuesday night. There were no reports of injuries or significant damage, the FBI said in a statement. “FBI personnel and evidence response technicians are on site collecting evidence,” the […]

5 hours ago

737 MAX 10...

James Lynch

‘Today is historic’: Boeing marks 737 MAX 10 certification milestone in Everett

Boeing leaders, government officials, and elected officials gathered at the company’s Everett facility to mark the certification of the 737 MAX 10.

8 hours ago

Seattle income tax may not make it to Supreme Court