Gov. Inslee, AG Ferguson announce update on challenges to Governor’s emergency powers
Courts have unanimously upheld Governor’s authority
OLYMPIA — Gov. Jay Inslee and Attorney General Bob Ferguson provided an update today regarding the legal challenges to the governor’s Stay Home, Stay Healthy orders.
The Attorney General’s Office has successfully defended all 17 legal challenges. State and federal courts across Washington have rejected the plaintiff’s requests for emergency relief in many of the cases, and the plaintiffs in several other cases have given up and abandoned their claims.
While more than 10 motions to temporarily block the orders have been filed in the various cases, not one has been granted. Court rulings have called the arguments by plaintiffs “frivolous,” “unpersuasive,” and “completely devoid of merit.”
“We will continue to defend the Governor’s ability to manage this crisis and keep Washingtonians safe,” Ferguson said.
“The courts have affirmed the Governor’s authority to act during this ongoing emergency as COVID cases continue to rise throughout the state,” Inslee said. “I thank Attorney General Ferguson and his team for all their work on this. Our state could be more effective in fighting the virus if all Washingtonians were pulling together with everyone doing their part.”
Of the 17 cases filed:
- Seven are completely finished
- Nine are still pending in trial court
- One is on appeal
- None have resulted in any court limiting the Governor’s orders in any way
Completed cases
|
Case Name |
Venue |
Plaintiffs |
What is Challenged |
Outcome |
|
Calvary Chapel Mt. Si & Calvary Chapel Tri-Cities |
United States District Court, Eastern District |
Calvary Chapel Mt. Si
Calvary Chapel Tri-Cities |
|
Case voluntarily dismissed |
|
Crowl v. Inslee |
United States District Court, Western District |
Eric Crowl |
|
Case voluntarily dismissed after court denied temporary restraining order for lack of standing
|
|
Cuevas v. Inslee |
Chelan County Superior Court/Washington Supreme Court |
Numerous individuals |
|
Case voluntarily dismissed in trial court/dismissal of motion for discretionary review by Washington Supreme Court pending |
|
Freed v. Inslee |
United States District Court, Western District |
Joshua Freed |
|
Case voluntarily dismissed when Plaintiff realized the Bible study he wanted to host was not prohibited
|
|
Miller v. Inslee |
Washington Supreme Court
|
Zach Miller; Jeffrey Nelson; Michael Jellison; Alicia Munro
|
|
Dismissed by Washington Supreme Court commissioner |
|
Simper v. Inslee |
Lewis County Superior Court/ transferred to Thurston County Superior Court |
Parents of school-aged children |
|
Case voluntarily dismissed after venue transferred to Thurston County and school year ended
|
|
Sutton v. Inslee |
Douglas County Superior Court |
Numerous individuals |
|
Case voluntarily dismissed after judge orally indicated he was likely to deny any relief |
Pending cases
|
Case Name |
Venue |
Plaintiffs |
What is Challenged |
Status |
|
Didier I: Didier v. Inslee |
United States District Court, Western District
|
Clint Didier; Lisa Thomas; Tim Eyman; Lawanda Joy Hatch; Dean Wellsfry; Patty Detro; Jason Bernicia; Others similarly situated
|
|
Motion for preliminary injunction denied/ show cause why case should not be dismissed pending |
|
MacEwen v. Inslee |
United States District Court, Western District |
Drew MacEwen; Andrew Barkis; Chris Corry; Brandon Vick; Michael McKee; Lee Pfluger; Fran Wills; Bruce Russell
(all claims by legislators are brought in their personal capacities) |
|
Motion for preliminary injunction denied/ show cause why case should not be dismissed pending |
|
Slidewaters LLC v. Dep’t of Labor & Industries and Inslee, |
United States Court of Appeals for the Ninth Circuit |
Slidewaters, LLC |
|
Dismissed by District Court, appeal pending |
|
Faust v. Inslee |
United States District Court, Western District |
Rebecca Faust |
|
Motion to dismiss pending |
|
Harborview Fellowship v. Inslee |
United States District Court, Western District
|
Harborview Fellowship |
|
Discovery anticipated |
|
Hendrickson v. Inslee and Wiesman |
United States District Court, Eastern District |
Brenda Kay Hendrickson |
|
Not properly served |
|
Sehmel v. Wiesman |
Thurston County Superior Court |
Andrea Sehmel; Kevin O-Sullivan; Robert Motzer; Dawn Appelberg; Kenneth Morse; Jeremy Wildhaber; Yienan Song
|
Discovery ongoing |
|
|
Christ’s Church of Mt. Spokane v. Inslee |
United States District Court, Eastern District |
Christ’s Church of Mt. Spokane
Westgate Chapel |
|
Plaintiffs have not filed any motions |
|
Akesson v. Inslee |
Whitman County Superior Court |
Kevin Akesson |
|
Plaintiffs have not filed any motions |
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The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Visit www.atg.wa.gov to learn more.
Media Contact:
Brionna Aho, Communications Director, (360) 753-2727; Brionna.aho@atg.wa.gov
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