Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

Gov. Inslee, AG Ferguson announce update on challenges to Governor’s emergency powers

FOR IMMEDIATE RELEASE:

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
  • Restriction on spiritual and religious gatherings

Case voluntarily dismissed

Crowl v. Inslee

United States District Court, Western District

Eric Crowl
  • Restrictions on religious practice

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
  • Governor’s emergency proclamations
  • Argues that only local health districts have emergency authority
  • Constitutionality of emergency powers statutes

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
  • Restrictions on religious practice

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

 
  • Governor’s emergency proclamations
  • Constitutionality of emergency powers statutes

Dismissed by Washington Supreme Court commissioner

Simper v. Inslee

Lewis County Superior Court/ transferred to Thurston County Superior Court

Parents of school-aged children
  • Proclamation closing schools

Case voluntarily dismissed after venue transferred to Thurston County and school year ended

 

Sutton v. Inslee

Douglas County Superior Court

Numerous individuals
  • Governor’s declaration of emergency
  • Argues that only local health districts have emergency authority
  • Constitutionality of emergency powers statutes

 

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

 
  • Governor’s emergency proclamations
  • Constitutionality of emergency powers statutes

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)
  • Emergency proclamations
  • Constitutionality of emergency powers statutes

 

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
  • Emergency proclamation shutting down business activities (water park)

 

Dismissed by District Court, appeal pending

Faust v. Inslee

United States District Court, Western District

Rebecca Faust
  • Prohibition against demonstrations on Capitol Campus

 

Motion to dismiss pending

Harborview Fellowship v. Inslee

United States District Court, Western District

 

Harborview Fellowship
  • Restrictions on religious practice

Discovery anticipated

Hendrickson v. Inslee and Wiesman

United States District Court, Eastern District

Brenda Kay Hendrickson
  • Emergency proclamations
  • Mask requirement

 

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

 
  • Face mask requirement

Discovery ongoing

Christ’s Church of Mt. Spokane v. Inslee

United States District Court, Eastern District

Christ’s Church of Mt. Spokane

 

Westgate Chapel
  • Restriction on spiritual and religious gatherings

Plaintiffs have not filed any motions

Akesson v. Inslee

Whitman County Superior Court

Kevin Akesson
  • Governor’s declaration of emergency
  • Argues that only local health districts have emergency authority
  • Constitutionality of emergency powers statutes

 

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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