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.
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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!
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5 September, 2007: The Washington State Supreme Court has decided to hear
the Post's appeal as announced in this
order.
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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.
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1 August, 2007: The Post files its
reply to the respondent's response to our appellant brief.
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25 July, 2007: State Department of Health files its
response to our initial Appellant Brief.
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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.
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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.