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Dear Jim,
State government is at it again, challenging the voter-approved two-thirds majority requirement for the Legislature to pass tax increases (for the fourth time) and closing the door a little more on open government under the guise of "executive privilege." The good news is we at the Freedom Foundation are fighting them every step of the way--not just with talk, but with action! (Watch the video to the right for our general counsel Mike Reitz's explanation.)
First, Democratic state lawmakers and two education groups (surprise!) have filed a lawsuit in King County Superior Court challenging the state's supermajority vote requirement for the Legislature to hike taxes--Initiative 1053 that was approved by 64 percent of voters last year. According to the lawsuit, I-1053 violates the state constitution and prevents the Legislature from raising enough revenue to properly support schools, as well as underfunding state functions and programs.
Translation: I-1053 makes it really, really hard--almost impossible--for lawmakers to pursue their usual modus operandi when it comes to the state budget: upping your taxes and using that money to go on a spending spree that would make a hard-core shopaholic blush.
Some legislators just don't get it, or they don't want to get it. On four separate occasions, the voters of Washington have approved a two-thirds vote requirement for the Legislature to boost taxes. And on four separate occasions, opponents of the two-thirds measure have challenged the measure in court, and the three previous times it has survived each challenge . In the most recently completed case, Sen. Lisa Brown asked the state Supreme Court to force a bill out of the Legislature, a move the court wisely declined.
We filed an amicus curiae ("friend of the court") brief in Brown v. Owen in defense of supermajority requirement, and we stand ready to do so again. When the time is right, we anticipate filing an amicus brief in this new case.
In addition, we are neck-deep in a case that will determine if the governor can keep public records secret by claiming executive privilege . As you may remember from my previous updates, we sued the Office of the Governor on April 4, based on the fact that executive privilege is not a recognized statutory exemption found in the Public Records Act. The lawsuit stems from an April 2010 request of several documents from the governor's office. Gov. Christine Gregoire produced some of the documents, but withheld others on the basis of executive privilege--medical marijuana records, Alaskan Way Viaduct replacement proposals and information regarding the Columbia River hydro system.
Here's an update on what's happened since then: Thurston County Superior Court Judge Carol Murphy ruled during a June 17 summary judgment hearing that the governor may rely on executive privilege to withhold records. In a follow-up hearing on July 15, Judge Murphy ruled that the documents we sought were covered by executive privilege. We, of course, plan to appeal this ruling that significantly expands the governor's ability to keep secrets from the public.
Here in Olympia, we will continue to push back on your behalf in favor of sane budget and tax policy and open government--not just by commenting on what's going on with issues of the day, but by actively getting involved in the process to change the system for the better! We couldn't do it without your support! Please consider making a donation today to help us continue fighting for you.
Sincerely,
Jonathan Bechtle, J.D.
Chief Executive Officer
Links:
Mike on video: http://www.myfreedomfoundation.com/index.php/site/static/mikes_lawsuit_oped
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