Steptoe man files lawsuits against Inslee

Jana Mathia, The Gazette | May 21, 20200

COLFAX — A Steptoe resident is seeking an injunction in Superior Court to prevent Gov. Jay Inslee from further harming Whitman County. The injunction was filed May 11. A status conference on the matter was set for Monday, May 18, but was stricken when the defense had the case moved to federal United States District Court. The notice of withdrawal was filed May 15 on the basis the case includes federal claims.

Another injunction was filed May 15 in Whitman County Superior Court. The defense filed for that injunction to be transferred to Thurston County Superior Court May 19.

“The issue raised here is whether private citizens may force the Governor and other public officers to defend challenges to official actions with statewide applicability in the court of any county where a plaintiff resides rather than where the official action was taken. Under the statute governing such suits, RCW 4.12.020(2), they may not,” stated the defense in the motion for mandatory transfer.

The plaintiff, Kevin Akesson of Steptoe, filed a 17-page complaint, calling for the governor to be restrained from further coronavirus quarantine actions.

“Now that it is clear that COVID-19 will not overwhelm hospital and other health care resources in Whitman County, there is no longer a ‘disaster’ or any other emergency justifying the issuance of orders pursuant to RCW 43.06.220,” the complaint said, highlighting how the governor’s orders have impacted constitutional rights, church services and political meetings.

In the complaint, Akesson said he is unable to access digital meetings via the internet due to limited broadband from his rural home.

“After his political party elected him to the county convention through the precinct caucus process, Akesson was unable to attend the county convention due to inadequate access to the internet,” the complain said.

The complaint argues that unless restrained, the governor’s proclamations will continue to harm Whitman County residents, the local economy and access to health care.

It further alleges that the governor’s proclamations are unconstitutional under the state Constitution, Article II Section 1, and the Fifth and Fourteenth Amendments to the U.S. Constitution, inasmuch as Gov. Inslee’s orders deprive Akesson and others of their liberties and property without due process.

Akesson is seeking a declaratory judgment that the restrictions imposed by Inslee are not enforceable. He’s also asking the court to declare that there is no state of emergency in Whitman County as health care resources have not been overwhelmed by COVID-19 cases, the premise Gov. Inslee used to support the need for quarantining residents and businesses statewide.

Akesson wants the court to issue an injunction blocking quarantine measures in Whitman County.

The Steptoe resident is seeking attorney and other legal fees from Gov. Inslee as well.

The governor’s office, which has not yet commented on the lawsuit, is being defended by state Assistant Attorney General Zachary Jones.