HB 2601

I understand that many folks dislike Eyman's petitions, but let's not take our anger out on the state initiative process. HB 2601 makes it harder to put an initiative on the ballot, and gives us voters less choices. Tim Eyeman is not the only one who uses the initiative process to accomplish government reform. The initiative process has been used to improve the pay and benefits of our teachers and public safety personel, it's been used to protect animals, and it's helped protect our environment. Restricting initiatives is not the answer to Tim Eyman.

The courts have been restricting local initiatives for years. Here is an article I wrote on some bad court decisions regarding the local initiative process:

Should your city council have the power to block initiative petitions it doesn’t approve of? Should your city council have the ability to sue you for signing or gathering signatures for an initiative petition?

I say no. But sadly, our courts say yes.

In Edmonds, citizens must gather 4000+ signatures and have their petition certified by the county auditor. The law then states the city council must schedule an election or pass the initiative as an ordinance.

But increasingly, courts have given city council’s more ways of circumventing the initiative process. Imagine working hard for months walking door-to-door gathering 4000 signatures only to have your city council refuse to act on the petition: no election, no ordinance. Or imagine having the city council sue you to stop your initiative?

Just recently, the state supreme court sided with the city of Sequim (5-4) in their lawsuit against one of their own citizens. (City of Sequim v. Paul Malkasian). The citizen was only guilty of gathering enough signatures to get his petition certified. In agreeing with Seqim’s city council, the supreme court stated that the law gave the “city council” the authority to levy taxes, not the “city itself.” (What’s that mean, I still don’t know). Basically, it’s a legal technicality, and a very convenient one, that has allowed courts and city councils to block citizen sponsored initiatives. It even gives city council’s the power to harass citizens by suing those who sign petitions and gather signatures.
Judge Richard Sanders in his dissenting opinion summed up the case: “Let us begin with a simple truth. Mr. Malkasian did not bring on this litigation but has been targeted, and pummeled, by the city of Sequim for nearly a decade with all the taxpayer resources the city could bring to bear against this hapless private citizen.”

The Supreme Court has essentially given city councils absolute authority over many issues that we hold dear. In another case, King County is trying to block an initiative affecting land-use code. Under the “city council” versus “the city itself” argument, initiative petitions on height limits, PRD’s, setbacks, and even our own Comprehensive plan could be rejected by your city council with the okay of our courts. And the gatherers of signatures can be sued and incur huge legal expenses.

Sadly, it wasn’t just a decade ago that the city council of Edmonds took legal action against signers of an initiative petition. Fortunately, the voters rose up at the next election and removed one the offending incumbents. In fact, none of the council members who made that decision are currently on the council.

Which now brings me to my final point…

Courts won’t protect you, but you still can. As a citizen, you should make it clear to your council members, that you expect them to respect the initiative process and those who volunteer their time to gather signatures. You should make it clear that you will not vote for council members who sue petitioners or block initiative petitions.

One day, you may have a disagreement with your council and want to gather signatures. Thanks to our courts, you now risk legal action by doing so. But please, don’t be afraid. Your council should fear you, you should not fear them. Stand up to your council, use the initiative process, and keep gathering signatures.

-Dave Orvis
Edmonds City Council Member
Position 7.