News
Holmes Sues to Stop the Other Anti-Tunnel Proposal
City attorney Pete Holmes announced this afternoon that he has sued Seattle Citizens Against the Tunnel (SCAT) and its leader Elizabeth Campbell, arguing that the initiative the group filed to stop the tunnel, I-101, is beyond the scope of Seattle's local initiative power.
SCAT's proposal seeks to prohibit the “construction, operation or use of any City right-of-way or City-owned property wherever situated for a tunnel for vehicular traffic, or tunnel-related facility, to replace in whole or in part the Alaskan Way Viaduct."
Holmes' lawsuit argues that the city's authority to give the state access to city land to build the tunnel is delegated by the state, and that I-101 "impedes this State-delegated authority by prohibiting the use of City right-of-way or property for a tunnel or tunnel-related facility to replace the Alaskan Way Viaduct."
"[L]ike the referendum power, the scope of the City’s initiative power is limited by state law. As with referenda, initiatives must be legislative rather than administrative ... and “initiatives cannot interfere with the exercise of power delegated by state law to the governing body of a city,” Holmes said in a statement. "While I-101 appears to be legislative rather than administrative, it would 'interfere with the exercise of power delegated by state law to the governing body of a city' and is therefore likely outside the City’s initiative power."
In an 800-word statement responding to Holmes' lawsuit, Campbell called Holmes a "political assassin" and "petit dictator" engaged in a "full frontal assault on the most cherised [sic] rights of free people everywhere, the right to vote."
"The public should be outraged and their objections should be taken to the source that is engaging in such anti-democratic, anti-social behavior - against Let's Move Forward, against the pro-tunnel City Council members, against WSDOT, against the Governor," Campbell's statement says. "Call, write, appear at forums and in court, let these people know that the people's right to vote is a constitutionally guaranteed right, an ancient and hallowed right - it trumps everytime and in every way the pecuniary and power politics interests of the pro-tunnel crowd."
Last week, after initially failing to turn in enough valid signatures to get I-101 on the ballot, SCAT turned in another 3,100 names, and King County Elections announced that the measure had qualified for the ballot on Monday.
SCAT's proposal seeks to prohibit the “construction, operation or use of any City right-of-way or City-owned property wherever situated for a tunnel for vehicular traffic, or tunnel-related facility, to replace in whole or in part the Alaskan Way Viaduct."
Holmes' lawsuit argues that the city's authority to give the state access to city land to build the tunnel is delegated by the state, and that I-101 "impedes this State-delegated authority by prohibiting the use of City right-of-way or property for a tunnel or tunnel-related facility to replace the Alaskan Way Viaduct."
"[L]ike the referendum power, the scope of the City’s initiative power is limited by state law. As with referenda, initiatives must be legislative rather than administrative ... and “initiatives cannot interfere with the exercise of power delegated by state law to the governing body of a city,” Holmes said in a statement. "While I-101 appears to be legislative rather than administrative, it would 'interfere with the exercise of power delegated by state law to the governing body of a city' and is therefore likely outside the City’s initiative power."
In an 800-word statement responding to Holmes' lawsuit, Campbell called Holmes a "political assassin" and "petit dictator" engaged in a "full frontal assault on the most cherised [sic] rights of free people everywhere, the right to vote."
"The public should be outraged and their objections should be taken to the source that is engaging in such anti-democratic, anti-social behavior - against Let's Move Forward, against the pro-tunnel City Council members, against WSDOT, against the Governor," Campbell's statement says. "Call, write, appear at forums and in court, let these people know that the people's right to vote is a constitutionally guaranteed right, an ancient and hallowed right - it trumps everytime and in every way the pecuniary and power politics interests of the pro-tunnel crowd."
Last week, after initially failing to turn in enough valid signatures to get I-101 on the ballot, SCAT turned in another 3,100 names, and King County Elections announced that the measure had qualified for the ballot on Monday.
