Othello City Council discusses suing governor
OTHELLO — Othello city officials are looking at what it would take to sue Gov. Jay Inslee over the continued closure orders that have proven so damaging to the region’s economy, including joining with other cities and counties in the effort.
The decision to examine a lawsuit came at the end of a lengthy meeting of the city council late Monday to examine the city’s options as it seeks to reopen faster than the governor’s four-phase plan allows.
“The governor’s order is a lawful order under Washington law and the U.S. Constitution at this point,” said City Attorney Kelly Konkright. “But if it (the closure) continues, that can change the constitutional analysis.”
Konkright told members of the city council that the longer the closure continues and the greater the economic damage, the more receptive a state or federal court might be. Arguments could be made that the series of proclamations closing down “non-essential” businesses and banning gatherings violates civil rights protected under both state and federal laws and constitutions.
However, Konkright said any lawsuit would be hugely expensive, requiring numerous “expert witnesses” to testify about the effects of the shutdown, and would also take a great deal of time to make its way onto a court docket.
“It’s highly unlikely we could get a ruling in the next three months,” Konkright said.
The best bet any city, or collection of cities, would have with a lawsuit would be to seek a preliminary injunction aimed at suspending Inslee’s closure orders by focusing on whether the means the governor is using — a statewide closure — justify the ends he seeks — limiting the spread of the novel coronavirus.
A group of cities and counties suing the governor might get an injunction in 30 days, Konkright said.
City council members, however, were adamant, saying many residents — especially small business owners — face ruin if the closures continue as long as the governor is planning. The council agreed Othello should start talking to other cities in the state and possibly band together to sue the governor.
At a May 4 meeting, the city council approved a three-phase reopening plan that would move faster than the state plan. However, the plan was contingent on the state approving Adams County’s request to go straight to Phase Two — allowing for the partial reopening of services such as salons, barbershops and restaurants — which the governor’s office rejected on Monday.
Konkright warned that any city orders unilaterally reopening the city in violation of the governor’s proclamations would expose the city to significant legal liability that no insurer would cover and could potentially ruin the city financially.
Konkright said he understands this puts elected officials in a difficult position between the law they swear to uphold and the demands of their constituents. But cities cannot pass local laws that “violate the general law of the state,” including gubernatorial proclamations, he explained.
“Other Eastern Washington counties and cities are experiencing the same problem we are,” said Mayor Shawn Logan. “There’s some consensus to explore legal options. We do have a right to litigate.”
Logan said the fight was about local control, and said he hopes the state will elect a new governor in November “who won’t keep us in this bondage.”