C. S. Lewis
We have lost. On Patriot's Day, of all days, in 2008 the State Supreme Court decided in a 5/4 decision
that the veterans who are members of the Post can not allow smoking in their own Post Home because
we pay some members of the Post and Auxiliary to work as Bartenders.
Our attorney, Shawn Newman, has fought a valiant fight. He even volunteered to take this to the
federal supreme court with no charge for his efforts. Unfortunately, we found out it would cost
about $3000 just for the paperwork to get the petition in place with little chance we would
even get the case reviewed. The post is out of money. The fight appears to be over.
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11 September, 2008: Washington State Supreme Court rules against the Post in a 5/4 decision.
Majority Opinion,
Madsen Concurrence,
Sanders Dissent,
Chambers Dissent,
Johnson Dissent
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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.
