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

Poppy donation boxes have been delivered to restaurants, cafes, stores and places of businesses in Prince Rupert by the Royal Canadian Legion Branch 127 for the 2020 National Poppy Campaign. (Photo: K-J Millar/The Northern View)
National poppy campaign restricted by COVID-19

Prince Rupert Royal Canadian legion expects less donations to offer vital assistance to local vets

Elena Tran 9, grade five student at Conrad Elementary School learns about Truth and Reconciliation on Oct. 21 with the story of Chanie Wenjack who died at the side of rail lines while fleeing a residential school in 1967. (Photo: K-J Millar/The Northern View)
Conrad Elementary students learn of ‘reconciliACTION’ during Secret Path Week

Secret Path Week from Oct. 17 to 22 commemorates the passing of Chani Wenjack and Gord Downie

More than $10,000 in donations and toys was presented to the Salvation Army by the Prince Rupert Harley riders on Oct. 20, from the 39th annual Toy Ride held on Sept 26. (Photo: K-J Millar/The Northern View)
Harley Riders rode to victory with $10,000 donation to Salvation Army

The 39th annual Prince Rupert Harley Riders gifted more than 280 toys from the annual Toy Ride

The Prince Rupert Port Authority Land Use Plan will guide the growth within lands and waters under its jurisdiction and facilitate Canada’s trade with the world for the next 20 years. (Photo: Supplied by Port of Prince Rupert)
Land Use Plan finalized by Port Authority

PRPA Land Use Plan plan guides the growth and trade for next 20 years within its lands and waters

Such sweetness with all this candy. Dylan Kennedy 7, with his mom Kerri Kennedy volunteer at the Halloween Fest Committee event to bag candy for students in SD 52 on Oct. 19. (Photo: K-J Millar/The Northern View)
How sweet it is

Bags of candy were assembled by more than 25 Halloween Fest Volunteers for distribution to S.D. 52

B.C. provincial health officer Dr. Bonnie Henry gives a daily briefing on COVID-19 cases at an almost empty B.C. Legislature press theatre in Victoria, B.C., on March 25, 2020. (Don Craig/B.C. government)
B.C. sees 223 new COVID-19 cases, now 2,009 active

Two new care home outbreaks in Surrey, Burnaby

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
B.C. driver thought he retrieved a dead bald eagle – until it came to life in his backseat

The driver believed the bird to be dead and not unconscious as it turned out to be

Chastity Davis-Alphonse took the time to vote on Oct. 21. B.C’s general Election Day is Saturday, Oct. 24. (Chastity Davis-Alphonse Facebook photo)
B.C. reconciliation advocate encourages Indigenous women to vote in provincial election

Through the power of voice and education Chastity Davis-Alphonse is hopeful for change

White Rock RCMP Staff Sgt. Kale Pauls has released a report on mental health and policing in the city. (File photos)
White Rock’s top cop wants to bill local health authority for lengthy mental-health calls

‘Suggestion’ included in nine-page review calling for ‘robust’ support for healthcare-led response

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A Le Chateau retail store is shown in Montreal on Wednesday July 13, 2016. Le Chateau Inc. says it is seeking court protection from creditors under the Companies’ Creditors Arrangement Act to allow it to liquidate its assets and wind down its operations.THE CANADIAN PRESS/Ryan Remiorz
Clothing retailer Le Chateau plans to close its doors, files for CCAA protection

Le Chateau said it intends to remain fully operational as it liquidates its 123 stores

RCMP stock photo (Black Press)
Charges laid against Prince George man, 39, in drug trafficking probe

Tyler Aaron Gelowitz is scheduled to appear in court Nov. 18

Green party Leader Sonia Furstenau arrives to announce her party’s election platform in New Westminster, B.C., on October 14, 2020. THE CANADIAN PRESS/Jonathan Hayward
B.C. Green party says it’s raised nearly $835,000 in 38 days

NDP Leader John Horgan is holding his final virtual campaign event

Most Read