Albert C Kean Post 149 - Veterans Still Fighting

Photo Album:

Other Links:

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C. S. Lewis

Imagine, if you will, being a veteran who has gone to other countries to help in the fight for their freedoms only to come home and find your own countrymen are working hard to strip you of yours. This is the position the members of the Post find themselves in.

After years of owning our own building and running it as a private facility for the enjoyment of our membership, we now find ourselves in a position where individuals in this state choose to interpret the law in a manner which restricts the rights of the membership to decide what legal behavior is acceptable within our own private club. The state Department of Health has chosen to interpret the new version of the smoking law as being able to restrict smoking in private facilities which have employees. We disagree with this interpretation.

Notice that I use the word "interpret." As you know, The Washington Clean Indoor Air Act (WCIAA), which oddly enough in light of this challenge is now officially titled "Smoking in public places (formerly Washington Clean Indoor Air Act)" Chapter 70.160 RCW, was amended by initiative 901. However, the initiative did not change language found at RCW 70.160.020(2) stating: "This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public." In the legalize of Washington State law, the word "chapter" refers to the entire act. We therefore hold that no part of the act can be applied to a private facility which is not normally open to the public.

The Board of Health disagrees with our interpretation and holds that the statement which comes later in the law and prohibits smoking in "places of employment" overrides the part of the law quoted above. They are, therefore, attempting to restrict smoking in our building.

While we have to depend on the funding we have available, the state has no such restrictions. They have unlimited funding...the whole state treasury. Guess just where that money comes from...you and I.

Our fight is not about smoking, per se. It is about the right of the members of an organization which maintains a private facility for the enjoyment of its members to decide what behavior is acceptable within OUR building. We are taking our fight to court in an attempt to get the judiciary to provide the correct interpretation of this law. The links on this page will take you to additional information about the lawsuit and the Post. As new information becomes available, we will post it. Hopefully, you will find this helpful and informative.

Timeline of events:

All links point to PDF documents which will open in a new window. Some of these are very large files and may take a few minutes to download and open.

6 November, 2007: We finally make it to the State Supreme Court! Things seem to be going well. View the video of the hearing here!
5 September, 2007: The Washington State Supreme Court has decided to hear the Post's appeal as announced in this order.
3 August, 2007: The state attempts to file a corrected response to our initial brief after being in receipt of our reply to their original response.
1 August, 2007: The Post files its reply to the respondent's response to our appellant brief.
25 July, 2007: State Department of Health files its response to our initial Appellant Brief.
22 June, 2007: The Post files its initial Appellant Brief with the Washington State Supreme Court asking for review of the trial judge's decision.
19 March, 2007: During a combined meeting of the Post, Auxiliary, SAL, and Legion Riders, the members decided to fund the cost of the appeal. We continue to move forward.
9 March, 2007: The Post filed its Statement of Grounds for Direct Appeal with the Washington State Supreme Court.
5 March, 2007: The Executive Committee of the Post "weenies" out! After authorizing the filing of the appeal, the Executive Committee has backtracked. They now would like a combined meeting of the membership to decide whether or not to pay for the appeal, despite the vote to continue smoking at the last combined meeting.
23 February, 2007: Post files Notice of Appeal regarding the judgment handed down in Thurston County Superior Court. The appeal was filed with the Washington State Supreme Court.
19 February, 2007: During a combined meeting of the Post, Auxiliary, SAL, and Legion Riders Chapter, the members "overwhelmingly" decided to continue the fight for our rights to decide for ourselves what legal activity is acceptable in the Post Home we own. I say "overwhelmingly" because the percent of those who voted to continue smoking was about the same as the much touted "overwhelming" victory of the initiative to ban smoking in Washington State...62.3%. The Executive Committee has authorized the filing of our intent to appeal. The battle continues!
26 January, 2007: Judge Tabor denies our request for summary judgment and approves summary judgment requests from Kitsap County and the state Board of Health.
18 January, 2007: State files response to Post's combined opposition to its motion for summary judgment.
17 January, 2007: Post files Combined Response to State and County responses to our Motion for Summary Judgment.
14 January, 2007: Kitsap County files a combined State and County Response to our Motion for Summary Judgment.
5 January, 2007: Post files Combined Opposition to State and County Motions for Summary Judgment.
29 December, 2006: State of Washington files its Motion for Summary Judgment and Memorandum in Support of Motion for Summary Judgment.
28 December, 2006: Kitsap County files its Motion for Summary Judgment and a Declaration by Bonnie Latham.
20 December, 2006: Post files its Motion for Summary Judgment.
27 October, 2006: Status hearing held. Date for actual hearing set for January 26, 2007.
16 August, 2006: Washington State Board of Health files a response to our petition.
15 August, 2006: Kitsap County files a response to our petition.
4 August, 2006: State files its response to our request for restraining order and rebuttal to Kitsap County's response. Request for restraining order is denied in court by Judge Tabor.
2 August, 2006: Post files rebuttal to Kitsap County's response to our motion for a temporary restraining order.
1 August, 2006: Kitsap County files a response to our request for the restraining order.
27 July, 2006: Post files petition and complaint against Kitsap County Health District and state Department of Health along with a request for a temporary restraining order preventing enforcement of the act with the Thurston County Superior Court. Hearing on the temporary restraining order is set for 4 August, 2006.
30 June, 2006: Kitsap County Prosecuting Attorney replies to our attorney declining to cancel order.
16 June, 2006: Attorney Newman replies to the Kitsap County Health District advising them of our position on the issue and requesting they cancel their order.
8 June, 2006: Post hires attorney Shawn T Newman to represent us in this issue.
30 May, 2006: Post receives Notice and Order to Correct Violation from Kitsap County Health District ordering us to stop allowing smoking in our Post Home.
4 April, 2006: The Kitsap County Board of Health enacts ordinance 2006-02: Clean Indoor Air Ordinance.
8 December, 2005: Revised Code of Washington, Chapter 70.160 (as amended by I-901) goes into effect.
8 November, 2005: Initiative 901 passes prohibiting smoking in public places or places of employment.