I'm at King County Courthouse where Judge Ferguson is hearing a request for an injunction against implementation of the Initiative 976 transportation cuts brought by Grant County, King County, City of Seattle and others. It's very meta in the overflow room. #NoOn976
Conversation
The plaintiffs have raised an argument that I-976 violating Washington state prohibition on "logrolling" or combining disconnected legislative subjects into one bill. The broad title of I-976 doesn't excuse its lack of "rational unity" within that subject, they argue. #NoOn976
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I-976 "violates a cardinal rule of ballot amendments" the plaintiffs said by combined the specific and the general. 976 strips specific bonds in the past like also blocking general bonds/revenue in the future. That precedent was set in 1956 Coleridge case. #NoOn976
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Plaintiffs: I-976 was constructed incredibly confusingly. It was branded a "$30 car tab" measure, but it didn't spell out how by citing the statutes it was amending. This led to chaos because jurisdictions (and journalists) weren't even sure what exactly was the effect. #NoOn976
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An attorney for argues only Seattle voters can overturn their earlier vote (2014 transportation benefit district raising car tabs). Barring that it must be in effect for full term. Statewide voters can't overturn a local tax passed and confirmed by Seattle voters.
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One challenge for plaintiffs is convincingly demonstrating harm from I-976. Seattle's attorney is making the case based on abruptly losing significant revenue. ( estimates 175,000 service hours will evaporate.) #NoOn976
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Judge Ferguson asked plaintiffs to respond to State's contention cuts can just replaced with other revenue. Response: "My jaw hit the floor" seeing State's argument that Seattle could use one-time revenue like Mercer Megablock sale to backfull cuts. Just shifts harm. #NoOn976
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It's worth noting #MercerMegablock was a remarkably lucrative land sale due to a large parcel in a superhot real estate market (South Lake Union). The City doesn't have many parcels like this up their sleeves. Plus, proceeds are all spoken for. #NoOn976
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Moreover, housing policymakers and advocates are increasingly reaching consensus that public land should be put to highest public use as social housing rather than auctioned off to the highest bidder in a sort of neoliberal death spiral. #NoOn976
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Judge Ferguson asked about deadlines for retiring or defeasing the bonds that agencies like have already issued. The State conceded there is no deadline in I-976 but argued that it's still on the plantiffs to show it's unconstitutional. #NoOn976
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Judge asked for response to misleading language argument. I-976 uses car tabs to refers to both vehicle license fees (for transportation benefit districts) and the motor vehicle excise tax Sound Transit levies. Defines separately in bill while still using catchall term. #NoOn976
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The State continues to rely on the argument that voters can do research to understand the complicated and vaguely worded initiative that Tim Eyman brought forward and sold with a very simplistic argument: $30 car tabs will save you money. #NoOn976
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But surprise Tim Eyman found the cameras and media gobbled it up during recess from the injunction. He has a suit rather than his bright $30 car tab t-shirt. #NoOn976
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Eyman dispute this judge and this county court in Seattle should have the power to overturn a statewide initiative. He disputes that it was deceptively worded. 'Just look at voter pamphlet.' #NoOn976
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We're back! The State is arguing the loss of 175,000 service hours is not an immediate harm because it wouldn't go into effect until the March 2020 service change. Judge pointed to County's argument that the contract is up in December. #NoOn976
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The State politely suggested King County Metro spend down its ~$20 million in emergency reserves do delay the service cuts beyond the timeline favorable to a preliminary injunction. How helpful of them! #NoOn976
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A King County counsel is saying contract is due Dec. 6 and will result in 110,000 hours of service cuts, eliminating >80 full time positions at Metro. They can't go back on that decision once contract is made. #NoOn976
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Note 1956 Coleridge 'no logrolling' precedent stems from a case brought against a scheme to establish a state toll highway dept by attaching a bunch of highway pork targeting specific counties to the initiative. Highway ambitions were skyhigh in that era
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Here's our writeup of the injunction that Judge Ferguson issued this morning. It sounds like Plaintiffs convinced him the "subject-in-title" requirement was likely violated with the misleading title. Transit cuts are delayed for now. #NOon976
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