US judge rejects challenge to Inslee’s emergency powers

By The Associated Press

SPOKANE — A U.S. judge in Spokane has firmly rejected a water park’s challenge to Gov. Jay Inslee’s emergency powers as the state responds to the coronavirus pandemic.

Slidewaters LLC, a water park in Chelan, sued the governor and the Department of Labor Industries last month, saying that Inslee abused his power in declaring the emergency and that the state’s restrictions were likely to prevent it from opening for the summer.

U.S. District Judge Thomas Rice previously rejected the park’s request for a restraining order that would have allowed it to open. Slidewaters nevertheless opened eight days later, on June 20, and it remains open, despite the threat of $10,000 or more in fines from the state.

On Tuesday the judge dismissed the case with prejudice, saying it is well settled that states have the authority to enact quarantine and other public health laws pursuant to their police powers.

Rice also rejected the park’s claim that it could operate safely in a reduced manner under social-distancing measures.

“It is not the Court’s role to second-guess the reasoned public health decisions of other branches of government,” he wrote.

Rice returned the case to Chelan County Superior Court for consideration of the state’s counterclaims against Slidewaters. The state is seeking a ruling that the park has violated the governor’s proclamation, an order enjoining them from operating, and legal expenses.

Sydney Phillips, an attorney with the conservative Freedom Foundation who represented the park, said Wednesday that Slidewaters will appeal the dismissal.

“Obviously, Slidewaters is disappointed in the ruling and the way Judge Rice summarily dismissed the claims,” Phillips said.

The lawsuit is one of several that have challenged the restrictions the state has imposed in response to the pandemic, and the first to have a final order issued.

Initiative promoter and Republican gubernatorial hopeful Tim Eyman, Franklin County Commissioner Clint Didier, and others are seeking an injunction in federal court in Tacoma blocking the Democratic governor from enforcing his emergency proclamation. They argue that the restrictions deprived them of their liberty and property rights and discriminate between “essential” and “nonessential” businesses.

More in News

Lane closure set Wednesday for art installation

The southbound lane of Race Street in Port Angeles… Continue reading

Beachgoers look for a spot on the sand on Sunday afternoon at Fort Worden State Park in Port Townsend. Mount Rainier looms in the distance. (Steve Mullensky/for Peninsula Daily News)
Summer sand

Beachgoers look for a spot on the sand on Sunday afternoon at… Continue reading

First Fed accused in Ponzi scheme

Resignations came amid $107M lawsuit

Ballots for Aug. 5 primary election to be mailed today

Hospital commission, Port Angeles, Port Townsend city council races to be determined

Port Angeles to host forum on Rayonier cleanup

Special meeting scheduled for Tuesday

Drought conditions may require trucks to bring water to West End

Clallam Bay/Seiku and Island View water systems are under stage… Continue reading

Clallam County Democrats to host candidate forums

The Clallam County Democrats will host a series of… Continue reading

Firefighters work to contain a wildland fire on Tuesday afternoon near Brinnon. “Go now” evacuation orders were given from Jefferson County’s Emergency Operations Center. (Jefferson County Sheriff’s Office)
Evacuation orders given in Brinnon-area fire

Several areas near Brinnon were being asked to evacuate due… Continue reading

Kennedy Reynolds, 2, takes a look at a row of lavender plants with her mother, Chelsea Reynolds of Port Angeles, during a Saturday outing to B & B Family Lavender Farm west of Sequim. The farm will be a participant in this weekend’s Lavender Weekend, a celebration of all things lavender in Sequim and across the Dungeness Valley. (Keith Thorpe/Peninsula Daily News)
Fields of lavender

Kennedy Reynolds, 2, takes a look at a row of lavender plants… Continue reading

Burn ban ordered due to forecast

Peninsula expecting temperatures near 90

Habitat project moves forward with infrastructure funds

Clallam County to provide $800K for Lyon’s Landing

Humane Society to house dangerous animals again

Contract with Clallam County to go through 2026