Lawsuit Against Emergency Declaration To Remain In Chelan County For Now

The lawsuit brought by Chelan County citizens against Governor Inslee's Emergency declaration continued Wednesday with an afternoon hearing.

Superior Court Judge Kristin Ferrera ruled that the case should remain in Chelan County, for now, but that could change if the case was consolidated with other, similar cases.

Judge Ferrera said, "I struggle with the idea that the legislature would have intended that the Governor could issue a general proclamation and there could be an action in every county based on that. I think at that point the court would decide that it's probably more convenient and better suited to have all of those cases in one court. But when we're talking about a situation where there is a general proclamation but it is treating different counties differently for different reasons, I think it's appropriate to keep it here."

The State Attorney General's Office has been attempting to move the case the Thurston County. Judge Ferrera told the defendants that they may file a motion for reconsideration.

Judge Ferrera also issued a stay on the temporary restraining order against the governor's emergency order. She also expressed apprehensions toward the plaintiff's case.

"I also don't see that there is anything from the (Chelan-Douglas) Health District about what would happen if the court issued some sort of temporary restraining order, and that's concerning to the court." explained Ferrera, "I understand that the Health District can't violate any of the orders or statutes, but I still think something more from the Health District would be expected in any further motions."

The state will depose Chelan-Douglas Health Officer Dr. Malcolm Butler in the interim.

Joel Ard, attorney for the plaintiffs, held a short press conference following Wednesday's developments.

Ard said the decision to keep the case in Chelan County goes back to a statute from 1854 that has remained unchanged for 166 years. According to Ard, the statute reflects a sense that citizens have a recourse in government.

"If you want to seek high office, if you want to seek state-wide office, and you go harm people across the state, the legislature has consistently said you have to answer for that wherever you go harm people. People were harmed here in Chelan. The case belongs here," said Ard.

On the state's upcoming deposition of Chelan Douglas Health Officer Malcom Butler, Ard added that he looks forward to seeing the results.

Ard said that the state has had plenty of time to show there really is an emergency, but that they will never be able to muster that evidence.

The earliest date the next hearing would be is Monday.