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Governor now having to defend 'unconstitutional' overreach in four separate lawsuits
OLYMPIA — Gov. Jay Inslee is now facing four lawsuits over his “unconstitutional” overreach in using the coronavirus pandemic as a reason to quarantine healthy Washingtonians.
Two new lawsuits were filed in today with attorneys Joel B. Ard and David K. DeWolf representing the plaintiffs in both suits.
One of the new lawsuits was filed by Republican lawmakers Reps. Andrew Barkis of Olympia, Chris Corry of Yakima, Drew McEwen of Union and Brandon Vick of Clark County.
The lawsuit alleges that Gov. Inslee violated the constitutional rights of Washingtonians to freely exercise religion and peaceably assemble. It also accuses him of depriving residents of due process by issuing the quarantine without due process to those effected by his edicts.
The lawsuit further alleges Gov. Inslee has infringed on citizens’ right to work, deprived plaintiffs of use of their property without due process and numerous civil rights violations.
The lawsuit demands a jury trial.
The other lawsuit filed today was the second that included initiative guru and gubernatorial candidate Tim Eyman as a plaintiff.
Eyman’s new lawsuit, “Open Schools Now,” accuses the governor of depriving the state’s youth of a constitutionally guaranteed education though the school lockdown.
Eyman is also a plaintiff in the “Everyone is Essential” lawsuit filed last Friday in U.S. District Court in Tacoma. Other plaintiffs in that class action lawsuit include Franklin County Commissioner Clint Didier of Eltopia, Registered Nurse Lisa Thomas of Richland, Shakey’s Pizza Parlor owner Dean Wellsfry of Pasco, Franklin County wedding planner LaWanda Joy Hatch, Sunrise Chevrolet dealership owner Jason Bernica of Omak, hair stylist Patti Detro of Okanogan County and all “non-essential” workers in Washington state.
That lawsuit accuses the governor of unconstitutionally depriving business owners and workers the right to work.
The fourth lawsuit was filed by another gubernatorial candidate, Joshua Freed, who is alleging the governor has illegally violated citizens’ rights to religious freedom. He is seeking a restraining order to bar Gov. Inslee from trying to prevent religious services, among other things.
During a press conference earlier today, May 5, the governor said the lawsuit filed by the lawmakers is “shortsighted” and “dangerous.”
So far, Senate Minority Leader Sen. Mark Schoesler, R-Ritzville, and House Minority Leader Rep. J.T. Wilcox, R-Yelm, have shied away from the political conflict.
Schoesler and Wilcox joined Democrats Senate Majority Leader Andy Billig of Spokane and Speaker of the House Laurie Jinkins in signing several letters allowing the governor to extend some emergency provisions under his quarantine orders.
Those measures, Schoesler has said, waive some of the government processes faced by quarantine licenses.
He said he does not support the wholesale shutdown of the state, but that previously passed laws give the governor the authority to continue the quarantine.
But those laws only affect rights guaranteed by the state — they do not supersede rights guaranteed under the U.S. Constitution, the plaintiffs have said.
After filing in court, Ard noted the reason the governor issued a quarantine was to prevent hospitals from being overwhelmed by coronavirus victims.
So-called experts said their models showed hospitals across the state would be overrun by those seeking medical care due to the virus.
But that never happened.
Indeed, many hospitals are on the verge of financial failure.
Officials at East Adams Rural Healthcare in Ritzville said they estimate their hospital is losing $400,000 a month in revenue.
Nearby in Colfax, Whitman County Medical Center has had to law off nurses and doctors because there are no virus cases and, so far, the hospital has been prevented from providing other services.
Even in Pullman, the usually bustling home of Washington State University, has had to cut staff and slash salaries just to stay afloat financially.
“There is no longer a threat,” Ard said.
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