WA. STATE LABOR COUN. v. REED, SEC OF STATE, 72615-9 (Wash. 9-23-2002)

WASHINGTON STATE LABOR COUNCIL; WASHINGTON RETAIL ASSOCIATION; WASHINGTON RESTAURANT ASSOCIATION; WASHINGTON FOOD INDUSTRY; WASHINGTON GROWERS LEAGUE; AEROSPACE MACHINIST UNION No. 751; WASHINGTON BANKERS ASSOCIATION; PURSE SEINE VESSEL OWNERS ASSOCIATION; WASHINGTON POTATO ONION ASSOCIATION; COALITION OF COASTAL FISHERIES; WASHINGTON FOOD PROCESSORS COUNCIL; WASHINGTON STATE AUTO DEALERS ASSOCIATION, INC.; SAFEWAY, INC.; WINCO FOODS, INC.; STORMANS, INC.; FULLER MARKET BASKET, INC.; WALSH DISTRIBUTING, INC.; and ENGLUND MARINE SUPPLY COMPANY, Petitioners and GARY LOCKE, Governor of the State of Washington, Intervenor/Petitioner v. SAM REED, in his official capacity as SECRETARY OF STATE OF THE STATE OF WASHINGTON, Respondent, and ELLIOT J. SWANEY and VOTE NO ON NEW TAXES, Intervenors/Respondents.

No. 72615-9.The Supreme Court of Washington. En Banc.
Oral Argument Date: September 10, 2002. Filed: September 23, 2002.

Date first document (petition, etc) was filed at Supreme Court: 07/08/2002.

Counsel for Petitioner(s) Kathleen D. Benedict Attorney At Law 111 Market St. N.E. Ste 360 Olympia, WA 98501

Michael B. King, Lane Powell Spears Lubersky, 1420 Fifth Ave., Ste. 4100, Seattle, WA 98101.

Robin Dale, This is a Man, 111 Market St. N.E. Ste 360, Olympia, WA 98501.

Erik D. Price, Attorney At Law, 111 Market St. N.E. Ste 360, Olympia, WA 98501.

Counsel for Respondent(s) Sam Reed (Appearing Pro Se), Office of the Secretary of State, 416 14th Ave, P.O. Box 40220, Olympia, WA 98504-0220.

Christine O. Gregoire, Attorney General, Ofc of the Atty General, P.O. Box 40100, Olympia, WA 98504-0100.

Jeffrey T. Even, Ofc of Atty Gen, P.O. Box 40100, Olympia, WA 98504-0100.

Kristopher I. Tefft, Building Industry Association of Wa, 111 W 21st Ave, P.O. Box 1909, Olympia, WA 98507.

ORDER:

Petitioners Washington State Labor Council, et al., seek to invoke the original jurisdiction of this court under article 4, section 4, of the Washington State Constitution to issue a writ of prohibition, or alternatively, a writ of mandamus, directing Secretary of State Sam Reed not to place Referendum Measure 53 on the 2002 general election ballot. Referendum Measure 53 would refer to the voters whether to approve certain sections of Laws of 2002, chapter 149 (EHB 2901). Governor Gary Locke was permitted to intervene supporting the petitioners. The petitioners contend that EHB 2901 is not subject to referendum under the Washington Constitution, article 2, section 1(b). Elliot J. Swaney and Vote No on New Taxes, the referendum sponsors, were permitted to intervene in support of placement of the measure on the ballot. The referendum sponsors also moved to dismiss the petition as seeking relief not available by prohibition or mandamus. The en banc court afforded the matter accelerated consideration, hearing argument on September 10, 2002.

The court, having considered the petition, the agreed statement of facts, the briefs presented by the parties and the file, and having heard argument of counsel, unanimously concludes that a writ of prohibition or mandamus should not issue under the circumstances presented. The court has had insufficient time to engage in the deliberations that a case of this magnitude demands, and a decision on the merits of the controversy is unnecessary at this time, since no provision of the underlying legislation will take effect until January 1, 2003. If voters reject the sections of EHB 2901 that are the subject of this referendum, opponents of the referendum will have an adequate opportunity to challenge the referendum before January 1, 2003.

Now, therefore, it is hereby

ORDERED:

The petition for a writ of prohibition or mandamus is denied.

DATED at Olympia, Washington this 23 day of September 2002.