GOP lawmakers file federal lawsuit aimed at ending Inslee’s stay-at-home order

Four Republican state House members sued Gov. Jay Inslee in federal court on Tuesday, arguing that his stay-at-home order violates the U.S. Constitution and he should be barred from keeping it in place.

The lawsuit asserts that there is no longer an emergency in the state because of COVID-19. Inslee cited the state of emergency he declared on Feb. 29 as the authority for the stay-at-home order, the partial closure of businesses, and several other proclamations he signed to slow the spread of the new coronavirus.

Filed in U.S. District Court in Tacoma, the lawsuit states: “Unfortunately, the Governor insists that he, and he alone, can determine whether an emergency exists. He claims that it’s an emergency if he says it’s an emergency, and that no one — not the legislature, and not the courts — can gainsay him. He claims that the emergency can continue as long as he thinks it continues, and no one but he can say otherwise.”

Inslee on Monday signed an extension of the stay-at-home order through May 31 to continue the state’s social distancing strategy. Businesses that have been closed because they were deemed “non-essential” in March will reopen in four phases that will last until at least mid July.

The lawsuit’s eight plaintiffs include GOP state Reps. Andrew Barkis of Olympia, Drew MacEwen of Union, Chris Corry of Yakima, and Brandon Vick of Vancouver. The others are residents around the state.

Inslee, at a press briefing, said the measures he’s taken were designed to “preserve health and life itself.”

“I think it would be a horrific surprise to the over 800 families that have lost a loved one already to this pandemic to think this is not a crisis. I believe that position is both biologically ignorant and humanly heartless,” he said.

Reached for comment, Barkis said Inslee made the right decision in declaring a state of emergency in February. Washington residents “proved that we could come together and get after this virus” and the data has shown success, Barkis added.

“The governor’s powers, when needed, were good and now they are not needed,” he said.

The lawsuit states that the feared threat that people suffering from COVID-19 would overwhelm hospitals apparently is gone and there have been far fewer COVID-19 deaths in Washington than any early model predicted.

“The Governor has assumed the sole power to determine whether a person in Washington can worship, can peaceably assemble, can work, can build needed housing, can offer living space for rent, can engage in any activity.

“But the facts, and the science, are clear: When the entirety of public knowledge is examined, there is no public disorder or threat to public order in the State of Washington. The governor’s claim to the contrary is demonstrably false,” the lawsuit states.

The lawsuit drew a strong rebuke from Inslee’s chief of staff, David Postman. He said Inslee never has said that no one can “gainsay” — a word that means “oppose” — him.

“The governor understands well the three branches of government. He respects the courts, far more than Republican legislators ever had,” he said at a press briefing separate from the governor’s.

Postman also said he was “absolutely disgusted” by what he said were inaccurate criticisms in the lawsuit of the state Department of Health.

“Even given the political nature of this lawsuit and knowing what I know about the plaintiffs, it actually did shock me that they would do that and criticize them. It’s really disturbing. Everybody at DOH frankly is a more dedicated public servant than the attention-seekers who filed this lawsuit,” he said.

Barkis said Postman’s comments appalled him.

“We are not attacking the DOH. We believe that they have done an exemplary job and they have done everything in the context of protecting the state of Washington.

“What we are questioning is why the reports aren’t coming forth with regard to the specific populations that are being impacted — the elderly, the nursing homes, assisted living; those targeted populations that should remain under watch,” he said.

Also on Tuesday, Inslee announced the members of advisory groups on health systems and public health, social supports and economic readiness that will be led by members of his cabinet.

The governor’s office said the groups do not substitute for legislative involvement.

This story was originally published May 5, 2020 at 6:51 PM with the headline "GOP lawmakers file federal lawsuit aimed at ending Inslee’s stay-at-home order."