In this photo taken Tuesday, June 16, 2020, Washington state Gov. Jay Inslee talks about the coronavirus outbreak following a briefing at Yakima Valley College in Yakima, Wash. (AP Photo/Elaine Thompson)

Federal judge rejects legal challenges to Washington governor’s emergency orders to curb spread of COVID-19

Legal challenge contended that ongoing restrictions for businesses, workers and residents weren’t legally justified

A federal judge Friday denied a request for a preliminary injunction against Washington Gov. Jay Inslee’s emergency coronavirus orders that had been brought by some Republican state lawmakers.

Filed in May by those legislators and other plaintiffs, the legal challenge contended “the emergency has been contained” and that ongoing restrictions for businesses, workers and residents weren’t legally justified.

The legal challenge —one of several seeking to stop Inslee’s use of emergency powers to slow the spread of the virus —was filed in the U.S. District Court for the Western District of Washington.

In a court order dated Friday, Judge Benjamin Settle wrote that federal lawsuits against state officials are allowed in certain instances where the state official being sued has a connection with the enforcement of an allegedly unconstitutional act.

But attorneys for Inslee persuasively argued that while the governor issues emergency orders, Settle wrote, it is other officials who actually enforce those orders.

Since the pandemic began in March there has been little enforcement of Inslee’s emergency orders.

Settle on Friday also denied a second legal challenge seeking a preliminary injunction against Inslee’s emergency powers. The judge rejected that challenge —brought by Republican gubernatorial candidate and anti-tax activist Tim Eyman and some other plaintiffs —on similar grounds.

The two orders come roughly a week after a judge in the U.S. District Court of Eastern Washington rejected a lawsuit by a water park in Chelan County seeking to block Inslee’s emergency restrictions on businesses.

The conservative Freedom Foundation —a frequent opponent of the governor who is representing Slidewaters water park —is appealing that decision.

With cases of the new coronavirus rising across Washington, Inslee on Thursday tightened some restrictions in his four-part reopening plan being used by Washington’s 39 counties, including on how restaurants and bars can operate.

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Coronavirus

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Businesses mixed on downtown temporary washroom

Ladysmith Health Food Stores launches petition against the temporary washroom

Three active COVID-19 cases on Vancouver Island

Since July 24, Central island has had five new cases, North one, South none

Cheri Mactier celebrates 20 years in Ladysmith real estate

After 20 years in town, Mactier’s daughter, Brianne Mactier is joining the family business

Exhibit showcases one side of artist’s wide-ranging personality

Skagfeld takes something from all of her life experiences

VIDEO: Internet famous Yukon-based bhangra dancer explores Vancouver Island

Gurdeep Pandher spreads joy through dance, forms cross-cultural connections amid pandemic

B.C. records new COVID-19 death, 85 more cases; Horgan calls on celebrity help

This brings the total number of active confirmed cases to 531 across the province

Health Canada says several kids hospitalized after eating edible pot products

People warned not to store cannabis products where children can find them

‘It’s not just about me’: McKenna cites need to protect politicians from threats

Police investigation was launched after someone yelled obscenities at a member of McKenna’s staff

Michigan plans dedicated road lanes for autonomous vehicles

First study of its kind in the U.S. to figure out whether existing lanes or shoulders could be used

Filmmaker James Cameron’s Comox Valley winery up for sale

The director behind The Terminator and Titanic puts Beaufort Winery on the market after six years

Large missing python found ssssafe in Victoria after being on the lam for weeks

The snake was located more than six kilometres from where it went missing

B.C. announces multi-year plan to double treatment beds for youth with addiction

This will bring the total number of new beds specific to those 12 to 24 years old to 247 province-wide

B.C. man who nearly died from COVID-19 reflects on one-month battle

Robert Billyard was in an induced coma to ensure his body would not fight the ventilator to breathe

Cowichan’s Dillabaugh checks in from the NHL bubble in Toronto

Flyers’ Duncan-born goalie coach weighs in on hockey restart

Most Read