City Hall
Judge Says Some Version of Referendum Might Go on Ballot
UPDATE:
Judge Middaugh said today that she will rule next Friday if some portion of Protect Seattle Now's tunnel referendum will make it onto the ballot. She said only one portion—section six—was legislative and may qualify for a public vote.
Section six deals with the a technical and procedural issue governing how the council can proceed after the final environmental impact statement is adopted.
Middaugh asked the parties to come back next week when she will settle the issue.
Attorney Paul Lawrence, arguing against the referendum and trying to counter the notion that (even if a picayune technical question about section six goes on the ballot) that the vote is a public thumbs up or thumbs down on the tunnel said: "This is not about the tunnel, that is a policy that has already been decided."
Asked what voters would literally be deciding by voting on section six, Lawrence acknowledged it wasn't clear yet.
Attorney Knoll Lowney, who defended Protect Seattle Now's right to put the referendum on the ballot told Erica: "This has always been about allowing the people to have a vote on major policy decisions. I would call this a victory for the power of the referendum."
Lowney characterized the "details of what goes on the ballot" as "secondary."
Original post:
Erica and Andrew are at King County Superior Court covering the big case today: The city's suit against Protect Seattle Now and the Sierra Club's referendum to cancel the city's agreement with the state on the tunnel contracts.
The city (the council and City Attorney Pete Holmes—as opposed to the mayor who actively backs the referendum) and state argue that that referendum is illegal because the city's agreements are merely administrative as opposed to legislative.
Erica just phoned in this report: Judge Laura Gene Middaugh said neither Holmes nor the council had the independent standing to sue to prevent the referendum from moving forward, so the state—which supports the tunnel project—said they would be the plaintiff. The city is now a defendant in the case.
Middaugh also denied Protect Seattle Now and the Sierra Club's request for continuance and discovery. Middaugh could rule on the case today, but said she would definitely make a decision by May 20, in time for the May 24 deadline to put a referendum on the August ballot.
Judge Middaugh said today that she will rule next Friday if some portion of Protect Seattle Now's tunnel referendum will make it onto the ballot. She said only one portion—section six—was legislative and may qualify for a public vote.
Section six deals with the a technical and procedural issue governing how the council can proceed after the final environmental impact statement is adopted.
Middaugh asked the parties to come back next week when she will settle the issue.
Attorney Paul Lawrence, arguing against the referendum and trying to counter the notion that (even if a picayune technical question about section six goes on the ballot) that the vote is a public thumbs up or thumbs down on the tunnel said: "This is not about the tunnel, that is a policy that has already been decided."
Asked what voters would literally be deciding by voting on section six, Lawrence acknowledged it wasn't clear yet.
Attorney Knoll Lowney, who defended Protect Seattle Now's right to put the referendum on the ballot told Erica: "This has always been about allowing the people to have a vote on major policy decisions. I would call this a victory for the power of the referendum."
Lowney characterized the "details of what goes on the ballot" as "secondary."
Original post:
Erica and Andrew are at King County Superior Court covering the big case today: The city's suit against Protect Seattle Now and the Sierra Club's referendum to cancel the city's agreement with the state on the tunnel contracts.
The city (the council and City Attorney Pete Holmes—as opposed to the mayor who actively backs the referendum) and state argue that that referendum is illegal because the city's agreements are merely administrative as opposed to legislative.
Erica just phoned in this report: Judge Laura Gene Middaugh said neither Holmes nor the council had the independent standing to sue to prevent the referendum from moving forward, so the state—which supports the tunnel project—said they would be the plaintiff. The city is now a defendant in the case.
Middaugh also denied Protect Seattle Now and the Sierra Club's request for continuance and discovery. Middaugh could rule on the case today, but said she would definitely make a decision by May 20, in time for the May 24 deadline to put a referendum on the August ballot.
