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

A Dodge Ram pickup similar to this one was involved in a hit-and-run in Lake Country on Saturday, Jan. 16. (Crime Stoppers photo)
Stolen truck involved in Lake Country hit-and-run

Incident happened on Highway 97 just before 1:30 p.m. Saturday, Jan. 16

The Okanagan Regional Library is holding a pair of online contests for its young readers. (File photo)
Okanagan Regional Library challenges young readers

Pair of contests online aimed at kids aged up to 18

A water outage to fix a hydrant valve is scheduled for Lake Country on Tuesday, Jan. 26, from 9 a.m. to 2 p.m. (District of Lake Country image)
Lake Country water outage planned

Affects 20 properties on Seaton Road between Read Road and Chase Road from 9-2 Tuesday, Jan. 26

Kelowna Fire Department. (FILE)
Early morning downtown Kelowna dumpster fire deemed suspicious

RCMP and the Kelowna Fire Department will conduct investigations into the cause of the blaze

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

U.S. Senator Bernie Sanders sits in on a COVID-19 briefing with Dr. Bonnie Henry, provincial health officer, and Adrian Dix, B.C. minister of health. (Birinder Narang/Twitter)
PHOTOS: Bernie Sanders visits B.C. landmarks through the magic of photo editing

Residents jump on viral trend of photoshopping U.S. senator into images

Auldin Maxwell stacks the 693rd block on the top of record-breaking Jenga tower on Nov. 29. (Submitted)
Salmon Arm boy rests world-record attempt on single Jenga brick

Auldin Maxwell, 12, is now officially a Guinness world record holder.

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

From the left: Midway RCMP Csts. Jonathan Stermscheg and Chris Hansen, Public Servant Leanne Mclaren and Cpl. Phil Peters. Pictured in the front are Mclaren’s dog, Lincoln and Peters’ dog, Angel. Photo courtesy of BC RCMP
B.C. Mounties commended for bringing firewood to elderly woman

Cpl. Phil Peters said he and detachment members acted after the woman’s husband went to hospital

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

Most Read