Jumping the gun? Millionaire initiative backer moves to repeal law that doesn’t yet exist
Mar 4, 2025, 1:19 PM | Updated: 5:50 pm
Exterior of the Legislative Building in Olympia. (Photo: Julia Dallas, MyNorthwest)
(Photo: Julia Dallas, MyNorthwest)
In a move that has left many scratching their heads, Let’s Go Washington has launched an initiative to repeal a law that doesn’t even exist yet. Yes, you read that right — they’re trying to overturn a bill still making its way through the legislative process in Olympia.
The bill in question, Engrossed Substitute Senate Bill 5181 (ESSB-5181), is currently under debate in the Washington State Legislature. It seeks to amend Initiative 2081 (I-2081), also known as the “Parents’ Bill of Rights,” which was approved by the legislature in 2024.
Last year, state lawmakers adopted I-2081 rather than send it to a statewide vote after polling indicated overwhelming public support.
The initiative granted parents the right to inspect their children’s educational materials, access school records, receive notifications about medical services provided at school and opt their children out of sexual health education.
It also required school officials to immediately notify parents of incidents involving their child at school. ESSB-5181, however, would change that requirement to notification within 48 hours — the standard that had been in place for 40 years until last year.
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Background of Engrossed Substitute Senate Bill 5181
ESSB-5181 passed the Senate 30-19 on February 5 and is under consideration in the House Education Committee. It still has a long way to go before both chambers can agree on its language, vote on it, and send it to the governor’s desk. There’s no guarantee that any of that will happen.
Despite this, Let’s Go Washington has preemptively filed an initiative to repeal ESSB-5181, expressing concerns that the bill would undermine parental rights established by I-2081.
Brian Heywood, founder of Let’s Go Washington, defended the move in a statement: “Our new initiative preemptively pushes back against their shady dealings and simply repeals ESSB-5181 should it pass through the legislature.”
Heywood defends initiative to Jason Rantz
Heywood spoke to “The Jason Rantz Show” on KTTH Tuesday regarding the initiative.
“So this new initiative is really simple,” he said. “It repeals it preemptively, but it’ll be after the fact. It’s a preemptive filing to repeal 5181.”
Heywood said he would be “ecstatic” if ESSB-5181 didn’t pass.
“They could pull some shenanigans,” he said. “They may change the number or do try to do something else and run it on a different bill, in which case we would have to file another one against that. So there’s a chance that this isn’t the final one that we do, but if they decide there’s too much risk, we’ll chalk that up as a win.”
More from the founder of Let’s Go Washington
Heywood bankrolled the signature-gathering campaign for I-2081 that never went to a public vote. He also funded the campaigns to remove the state’s capital gains tax (I-2109) and repeal the Climate Commitment Act (I-2117), both of which failed in November.
While Heywood’s proactive approach is clear, the fact remains that ESSB-5181 is not yet law, making the repeal initiative somewhat premature.
The situation highlights a unique aspect of Washington’s legislative process. In the state, citizens can propose initiatives to create new laws or repeal existing ones. However, attempting to repeal a bill that hasn’t even made it through the legislature is uncharted territory. This move raises questions about the appropriate timing and process for such initiatives.
During a press briefing Tuesday, Senate Minority Leader John Braun (R-Chehalis) admitted he hadn’t seen the initiative yet.
“I just learned about the initiative this morning, so I can’t talk about it,” Braun said. “We’re going to stay focused on how we stop the bill here in the legislature, and then I certainly appreciate the work that’s being done outside the legislature.”
Heywood argues that waiting until ESSB-5181 becomes law could result in the erosion of rights established by I-2081, making a preemptive repeal the best course of action.
Whether Heywood’s initiative will gain traction remains to be seen, but it has undoubtedly sparked a conversation about the balance between proactive advocacy and procedural prudence.
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Matt Markovich is the KIRO Newsradio political analyst. Follow him on X.
