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)

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

NEW CUTLINE Pacific FC fans fill the stands during a game at the former Westhills Stadium
 Starlight Developments has purchased the naming rights from the City of Langford for the next 10 years.(Gazette file photo)

Pacific FC slid into third place in the league after defeating FC Edmonton 1-0 at Westhills Stadium on Saturday. (Shalu Mehta/News Staff)
Langford sells stadium naming rights for $500,000 to Starlight Developments

10-year sponsorship deal largest in the history of Langford, says mayor

Construction was temporarily halted at Colwood’s Royal Bay on Monday, Jan. 18, after crews hit a natural gas line just before 9 a.m. (Black Press Media file photo)
No danger to public after gas leak in Colwood’s Royal Bay

Construction crews hit natural gas line just before 9 a.m.

A 45-metre tall call tower is proposed for Westhills Stadium. (Black Press Media file photo)
New cell tower proposed for Westhills Stadium in Langford

Tower will increase capacity in congested network: staff report

The new Malahat Skywalk is expected to be completed by this summer. (Submitted graphic)
Malahat Skywalk expected to be complete by this summer

$15-million project will see 650-metre elevated wooden pathway constructed

An Oak Bay Police officer handed out five tickets for “fail to obey stop sign” and two tickets for using a cell phone while driving, all within two hours at King George Terrace on Jan. 11. (Oak Bay Police Twitter)
Man confronts unmasked group at Oak Bay Marina

Oak Bay police issue plenty of tickets in short King George Terrace visit

A scene from “Canada and the Gulf War: In their own words,” a video by The Memory Project, a program of Historica Canada, is shown in this undated illustration. THE CANADIAN PRESS/HO - Historica Canada
New video marks Canada’s contributions to first Gulf War on 30th anniversary

Veterans Affairs Canada says around 4,500 Canadian military personnel served during the war

(Black Press Media file photo)
From arts to environment, nominate your West Shore hero

Nominations for the Goldstream Gazette’s Local Hero awards are open to Jan. 15

Gin, one of the Kantymirs’ two sheep. (Martha Wickett-Salmon Arm Observer)
Sheep start up ATV, sit in cars and go for walks in Salmon Arm

Until they bought two sheep, Ken and Karleen Kantymir didin’t realize just how social the animals are

Heather Lucier, a pastor at Kelowna Harvest Fellowship, speaks to an RCMP officer outside of Harvest Ministries on Sunday, Jan. 10. (Michael Rodriguez - Capital News)
Kelowna church fined 2nd time for violating public health order

Harvest Ministries in Kelowna has previously said they will fight the tickets in court

Emma Nunn from Alberni Valley Rescue Squad waits at the summit of Mount Arrowsmith for the rest of the AVRS rope rescue team on Sunday, Jan. 17, 2021. (PHOTO COURTESY DAVE POULSEN, AVRS)
UPDATE: Injured hiker among three rescued in the dark from Mount Arrowsmith

‘It was a very bad, very precarious spot to be able to locate them’

Powell River-Sunshine Coast MLA Nicholas Simons was appointed to the NDP cabinet as minister of social development and poverty reduction after the October 2020 B.C. election. (Hansard TV)
B.C. job training fund increased for developmentally disabled

COVID-19 has affected 1,100 ‘precariously employed’ people

B.C. driver’s licence and identity cards incorporate medical services, but the passport option for land crossings is being phased out. (B.C. government)
B.C. abandons border ID cards built into driver’s licence

$35 option costing ICBC millions as demand dwindles

Submitted photo of Town Park C Block apartment fire.
Apartment fire in Port Hardy forces residents to jump from building

‘Multiple people were transported to the hospital with injuries from falling’

sdf
2nd in-school violence incident in Mission, B.C, ends in arrest

RCMP notified of local Instagram page with videos (now deleted) showing student assaults, bullying

Most Read