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PRESS RELEASE

February 19, 2004

EFF public records lawsuit: Hearing scheduled for 9 a.m. on February 27

OLYMPIA, WA—The Evergreen Freedom Foundation (EFF) filed a motion in the Thurston County Superior Court last night to reschedule a hearing on its public records lawsuit against the governor and the state Department of Community Trade and Economic Development (CTED). The Foundation is seeking the release of undisclosed and redacted documents related to the governor's contract with Boeing.

A hearing on the case was originally scheduled for February 20 with Superior Court Judge Richard Hicks, but the Attorney General's office (representing the governor) asked the court to remove him from the case, arguing that he would not give them a fair and impartial hearing. Judge Hicks has a history of upholding and enforcing the state's public records law.

Thurston County Superior Court Judge Christine A. Pomeroy has been assigned to the case.

Despite repeated public statements during the past three weeks that all information related to the Boeing contract has been disclosed, CTED staff hand-delivered 250 pages of additional documents to EFF's office on February 12. The Foundation met with CTED Director Martha Choe on February 17 to discuss disclosure of remaining and redacted documents and determine if it would be possible to avoid proceeding to court. The two sides could not agree on a settlement.

"Legislators are being asked to spend $6 million in this year's supplemental capital budget, and an unknown amount in future budgets, to comply with the terms of the governor's contract," said Bob Williams. "The only problem is, they don't know what they're buying with those taxpayer dollars."

Four legislators, including two members of the House Appropriations Committee, have signed declarations in support of EFF's lawsuit. They are Rep. Marc Boldt, Rep. Lois McMahan, Rep. Tom Mielke, and Rep. Gigi Talcott. Retired State Supreme Court Justice and current gubernatorial candidate Phil Talmadge has also signed a declaration supporting the lawsuit.

"It's unfortunate that we have to go to court to get state officials to release public records about a deal they made with public dollars," said Williams. "The secrecy is unacceptable and outrageous."

Additional information
Latest facts from the new documents released by the state
EFF motion for hearing
List of exhibits presented in court
AG request for new judge
Declaration of support: Phil Talmadge
Declaration of support: Legislators

Contact: Marsha Richards | Communications Director | 360.956.3482


Evergreen Freedom Foundation
P.O. Box 552, Olympia, WA 98507
Phone: (360) 956-3482, Fax: (360) 352-1874
Email: effwa@effwa.org


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1 Part Honesty; 2 Parts Arrogance

At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:

"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"

- Rep. Jim McIntire (D - 46)
(360) 786-7886

Despite the arrogance of some state officials, Washington's constitution is clear: "All political power is inherent in the people..."

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