King County Superior Court Judge Marshall Ferguson ruled Wednesday morning to issue a preliminary injunction on the effect fo I-976. The stay could very likely be appealed by the State (Defendants) to the Supreme Court.
We must note the judge references the potential of refunds if the state ultimately prevails in the courts. This means it is likely the State will be cautious about spending the funds that still get to collect. The state could put the revenue they collect during the court process - 6 to 9 months - in an escrow account waiting for final judgment.
Some excerpts from the decision:
"Plaintiffs have demonstrated that they possess a clear legal and equitable right because they are likely to prevail on the merits of their constitutional challenge to I-976 based upon Article II, Section 19 of the Washington State Constitution, specifically the "Subject-in-title requirements". Said Judge Ferguson in his written decision.
He further writes "Plaintiffs have a well-grounded fear of immediate invasion of the rights afforded by the Washington Constitution due to implementation of I-976. Implementation on December 5, 2019, of an unconstitutionally misleading statewide initiative, even if approved by a majority of voters, would be an invasion of per se of Planttiffs' rights under the Washington Constitution.
Further he writes pointing to the broad coalition of plaintiffs WSTA has put together "If I-976 were to be implemented over those months or years, then all Plaintiffs, including members of groups such as Plaintiffs Association of Washington Cities and the Washington State Transit Association, would eventually, inevitably be forced to cut a wide array of programs and services due to reductions in fee/tax revenue stemming form I-976"
ORDERED, ADJUDGED, AND DECREED that the effective date ofl-976 is STAYED pending further order of this Court. While this stay is in effect, Defendant State of Washington, its officials, employees, agents, and all persons in active concert or participation with Defendant, are enjoined from implementing or enforcing I-976. Defendant shall continue to collect all fees, taxes, and other charges that would be subject to or impacted by I-976 were it not stayed, and shall distribute those funds to local municipalities and political subdivisions as appropriate pursuant to existing laws, regulations, contracts, obligations, policies, and procedures. Any municipality or political subdivision that accepts such funds while this Order is in effect, including those that are not parties to this lawsuit, do so subject to the likelihood that refunds of overpayments may be required should the State ultimately prevail in this action.
Washington State Transportation Secretary Roger Millar released a memo on Tuesday outlining a short term (6mo) delay of projects to manage the I-976 impacts.
$35 million in transit projects will be delayed by 6 months. It is essential to note the legislature will open its short 2020 legislative session in January and have the final say on the supplemental transportation budget.
Operations Supervisor
Salem Area Mass Transit District (Cherriots)
Cherriots has an excellent opportunity for an experienced supervisor in our Transportation Division. This Supervisor is responsible for providing the first line supervision for the daily operations of Cherriots’ fixed-route transit service. We provide a six month training program, uniforms, assistance in obtaining the required Commercial Driver’s License and on the job mentorship.
On Monday, Secretary Elaine Chao announced the U.S. Department of Transportation (DOT) Federal Transit Administration (FTA)’s project selections for the Fiscal Year (FY) 2019 Grants for Buses and Bus Facilities Program. The agency awarded $423 million in funding to replace, rehabilitate, purchase, or lease buses and related equipment and facilities to 94 projects in 42 states and the District of Columbia. We congratulate Mayor Satya Rhodes-Conway and our colleagues in the City of Madison on their $7 million award to expand the bus storage and maintenance facility. We also congratulate Washington State Transit Association members RiverCities Transit, Clallam Transit, Grant Transit, and Island Transit on $5.4 million in total funding to purchase low-floor biodiesel buses and improve transit mobility for residents of rural Washingtonians. Please let us know if you have any interest in these federal resources before the next solicitation.
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