Eyman loses another lawsuit, followers ante up for governor’s campaign

A Thurston County judge on Friday dismissed a lawsuit filed by anti-tax activist Tim Eyman that sought a ruling on whether Initiative 976 complies with the state Constitution and should take effect.

A few of Eyman’s followers booed as they filed out of the courtroom into a hallway, where they asked him to pose for photographs with them and at least two made contributions to his campaign for governor.

Superior Court Judge Chris Lanese said under state law and the state constitution, courts are limited in their power to decide cases “between parties having genuine and opposing interests.” He said he had to resolve that issue before hearing the lawsuit.

After arguments from Eyman and Attorney General Bob Ferguson’s office, Lanese ruled there was not such a dispute, since the Attorney General’s Office is defending the initiative as constitutional in a lawsuit pending in King County Superior Court. The AG’s office has a statutory and constitutional obligation to defend the constitutionality of statutes, including voter-approved initiatives, Lanese said.

Last November, voters approved I-976. In addition to capping car tabs at $30 — actually it would be $43.25 counting fees — the initiative would reduce or remove the authority of state and local governments to charge several motor vehicle taxes and fees that pay for transportation projects.

A King County Superior Court judge blocked the initiative from taking effect on Dec. 5, citing concerns that the ballot description was misleading and adding that the plaintiffs — led by King County and the city of Seattle — likely would win the case. The next hearing in the matter is scheduled for Feb. 7.

Lanese rejected Eyman’s repeated accusations Friday that the Attorney General’s office was trying to lose the case in King County.

“We really want to win. The other side really doesn’t,” Eyman told Lanese. “Our very democracy seems be on the line here.”

He said the Attorney General’s Office is defending Sound Transit’s motor vehicle excise tax in a case pending before the state Supreme Court – “the exact same tax and valuation schedule that is being repealed by this initiative.”

Eyman also said the King County judge has a conflict of interest because King County is a plaintiff and the state should have filed a motion to move the case to another county – charges that the Attorney General’s Ooffice has disputed.

Lanese said he didn’t see anything in the record “indicating a lack of desire to win” by the Attorney General’s Office.

“There is no basis under the law for me to retain this case and decide this,” said Lanese, ruling from the bench to dismiss the lawsuit.

Eyman filed the lawsuit in Thurston County against the state of Washington. Alan Copsey, deputy solicitor general in the Attorney General’s Office, told Lanese that if Eyman’s lawsuit moved forward, neither side would have argued that the initiative is unconstitutional.

After the hearing, one man handed Eyman a check for his campaign for governor and Shelton resident Bill Wells gave Eyman a $100 bill. Eyman asked him to write down his occupation and address to comply with campaign finance regulations.

“His candidacy for governor is going to take an enormous leap up because he’s our spokesman. He’s our champion,” Wells said.