Environmentalists file suit over who wrote the No on Prop 1

COMPLAINT - 1
BRESKIN JOHNSON & TOWNSEND
PLLC
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104-4088
(206) 652-8660, (206) 652-8290 FAX
587182.1/026290.00001
8/17/07
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
Citizens Against RTID, a political
committee in opposition to the
RTID/Sound Transit Joint Ballot measure,
Plaintiff,
v.
MARTIN LUTHER KING JUNIOR
COUNTY, a Washington State County,
Defendants.
NO.
COMPLAINT
Plaintiff, Citizens Against RTID (“CAR”), by and through its attorneys of
record, hereby alleges as follows:
I. PARTIES
1.1
Plaintiff, Citizens Against RTID (“CAR”), a political committee as
defined under RCW 42.17.020(38) in opposition to the RTID/Sound Transit
Joint Ballot measure, as provided by RCW 42.17.040(G). CAR brings this
action on behalf of all its members and because its membership represents the
interest of environmentalists that oppose the Joint Ballot Proposition.
Page 2
COMPLAINT - 2
BRESKIN JOHNSON & TOWNSEND
PLLC
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104-4088
(206) 652-8660, (206) 652-8290 FAX
587182.1/026290.00001

Defendant, MARTIN LUTHER KING JUNIOR COUNTY (“King
County”) is a Washington State County.
II. PLAINTIFF’S ALLEGATIONS
2.1
The Joint Ballot Proposition is a nearly $40 billion tax increase for
the development of roads (collected by RTID) and mass transit (collected by
Sound Transit).
2.2
Friday, August 17, 2007, is the deadline for appointment of
committee members responsible for drafting the “vote no” position on the King
County voters’ pamphlet regarding the Joint Ballot Proposition.
2.3
Sounds Transit appointed three committee members responsible
for drafting the “vote no” position on the King County voters’ pamphlet
regarding the Joint Ballot Proposition.
2.4
The committee appointed to draft the statement advocating
rejection of the Joint Ballot Proposition was wrongfully appointed for two
reasons. First, the committee members were selected by Sound Transit, an
entity with a direct interest in the success of the proposition. Pursuant to RCW
29A.32.280, King County is the only entity with the authority to appoint the
committee members. This interpretation has been adopted by Snohomish
County, which properly implemented the appointment requirement. Second,
committee members must be “known to oppose the measure” in its entirety, not
just the mass transit component.
THE RTID-SOUND TRANSIT JOINT BALLOT PROPOSITION
Page 3
COMPLAINT - 3
BRESKIN JOHNSON & TOWNSEND
PLLC
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104-4088
(206) 652-8660, (206) 652-8290 FAX
587182.1/026290.00001

King County Ordinance 2007-0357 placed the RTID-Sound
Transit Joint Ballot Proposition on the November 2007 general election ballot.
Similar action was taken by Pierce and Snohomish Counties.
2.6
The Joint Ballot Proposition contains two distinct components: (i)
a Sound Transit component; and (ii) a RTID component. The Sound Transit
component provides for the implementation of a regional rail and transit system
financed by existing taxes and an increase in the sales tax of 0.5%. The RTID
component provides for the implementation of road construction to increase
local traffic capacity financed by increases in the sales tax of 0.1% and the
motor vehicle excise tax of 0.8%. Collectively, the package is estimated to cost
$38.1 billion through 2027, with $14.5 billion going toward the RTID for roads
and $23.6 billion toward Sound Transit.
2.7
Washington law provides for the publication of a pamphlet
regarding the Joint Ballot Proposition which includes statements from
committees advocating both adoption and rejection of the measure. The
legislative authority in the applicable jurisdiction is required to formally appoint
committees of up to three (3) individuals to prepare arguments advocating
voters' both positions.
2.8
King County Records and Elections has established deadlines for
production of the local voters’ pamphlet pursuant to RCW 29A.32.230. Under
King County administrative rules (document code number ELE 9-1-2), the
deadline to appoint committees advocating approval and rejection of the Joint
Ballot Proposition is Friday, August 17, 2007.
Page 4
COMPLAINT - 4
BRESKIN JOHNSON & TOWNSEND
PLLC
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104-4088
(206) 652-8660, (206) 652-8290 FAX
587182.1/026290.00001

Sound Transit, who has a vested interest in the success of the Joint
Ballot Proposition, has purported to appoint committees advocating both
approval and rejection of the proposition.
2.10 Sound Transit is a “regional transit authority” under Chapter
81.112 RCW.
2.11 Sound Transit is not a legislative authority.
2.12 Sound Transit is not the legislative authority responsible for the
Joint Ballot Proposition.
2.13 RTID and Sound Transit are the entities that would receive the
billions of dollars in tax money if the Joint Ballot Proposition passes in
November.
2.14 Sound Transit appointed Kemper Freeman Jr., Will Knedlik, and
Phil Talmadge to the committee advocating rejection of the Joint Ballot
Proposition. RTID appointed the same individuals to the committee advocating
rejection.
2.15 King County, the legislative authority responsible for the Joint
Ballot Proposition, neither appointed any individuals to the committee
advocating rejection nor adopted the purported committee members appointed
by Sound Transit.
2.16 Snohomish County rejected the individuals appointed by Sound
Transit and RTID. The Snohomish County Council appointed pro and con
committees for the Joint Ballot Proposition measure by Amended Motion No.
07-417 on August 8, 2007.
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COMPLAINT - 5
BRESKIN JOHNSON & TOWNSEND
PLLC
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104-4088
(206) 652-8660, (206) 652-8290 FAX
587182.1/026290.00001

24
2.17 It is well known that voters in King County generally support the
expansion of public transportation but oppose building more roads. The
expansion of public transportation is considered by King County voters to be an
environmentally friendly and sustainable solution to population expansion in
King County. Conversely, increasing road miles and expanding freeways is a
short-lived solution that encourages more cars and traffic while increasing
pollution and urban sprawl.
2.18 The Joint Ballot Proposition has an internal tension for the
environmental community that must be represented to voters. If the position
advocating rejection of the Joint Ballot Proposition is represented only by
opponents of Sound Transit, then it will likely not be well received by King
County voters. Similarly, the absence of voices critical of RTID is inconsistent
with the concept of a balanced voters’ guide. For these reasons, the position
advocating rejection of the Joint Ballot Proposition must also be represented by
opponents of RTID and the expansion of roads and encouragement of urban
sprawl.
2.19 The three members of the committee advocating voters' rejection
of the Joint Ballot Proposition are known opponents of Sound Transit, but have
generally supported RTID projects.
2.20 Kemper Freeman, Jr., is described as “renowned for his support of
‘roads over transit”.
He was a prominent opponent of RTA/Sound Transit
ballot measures in 1995 and 1996. In 2004, Freeman provided 90 percent of the
$353,000 campaign for Initiative 883, which would have redirected state
transportation funds to highway construction and studied the elimination of High
Page 6
COMPLAINT - 6
BRESKIN JOHNSON & TOWNSEND
PLLC
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104-4088
(206) 652-8660, (206) 652-8290 FAX
587182.1/026290.00001

Occupancy Vehicle (HOV) lanes. Initiative 883 “was designed to complement
the RTID package.”
2.21 Will Knedlik served on the voters’ guide “no” committee for a
non-binding RTID advisory ballot in 2004. Knedlik supported RTID highway
projects, but opposed the funding mechanism. He argued that “regional officials
should be examining ways to divert taxes they're already collecting — away
from rail and toward projects that will help more.” In 2006, Knedlik served on
the voters’ guide “no” committee for a King County Metro Transit sales tax
measure. The approach in this statement against was unorthodox, referencing
Sound Transit as many times as King County.
2.22 Former State Supreme Court Justice Phil Talmadge is a noted
critic of Sound Transit’s light rail plan, “claiming it will spend too much money
to attract too few new transit riders.” Earlier this year, Mr. Talmadge advocated
rebuilding the Alaskan Way viaduct, opposing the tunnel and surface/transit
options. In a recent opinion article, Mr. Talmadge was critical of plans to spend
only half of transportation funds on roads, even though it accounts for 95 percent
of travel.
2.23 The Joint Ballot Proposition contains two distinct components.
The Sound Transit component provides for the implementation of a regional rail
and transit system financed by existing taxes and an increase in sales tax of
0.5%.
The RTID component provides for the implementation of road
construction to increase local traffic capacity financed by an increase in sales tax
of 0.1% and a motor vehicle excise tax of 0.8%.
Page 7
COMPLAINT - 7
BRESKIN JOHNSON & TOWNSEND
PLLC
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104-4088
(206) 652-8660, (206) 652-8290 FAX
587182.1/026290.00001

2.24 Pursuant to Act of the Washington State Legislature, both the
Sound Transit and RTID components of the Joint Ballot Proposition are required
to be in a single proposition.
2.25 The Joint Ballot Proposition will be placed on the ballot during the
November 2007 general election in portions of King, Snohomish and Pierce
Counties.
III. VIOLATION OF RCW 29A.32.210 AND RCW 29A.32.241
3.1
RCW 29A.32.210 provides for the authorization and contents of a
voters’ pamphlet providing information on all measures within that jurisdiction.
3.2
RCW 29A.32.280 provides that “. . . .the legislative authority of
that jurisdiction shall. . . formally appoint a committee to prepare arguments
advocating voters' approval of the measure and shall formally appoint a
committee to prepare arguments advocating voters' rejection of the measure.”
3.3
Under RCW 29A.32.280, the legislative authority must formally
appoint the committee “not later than forty-five days before the publication of
the [local voters’] pamphlet.”
3.4
RCW 29A.32.241(5) provides that the local voters' pamphlet shall
include the arguments for and against each measure submitted by committees
selected pursuant to RCW 29A.32.280.
3.5
Defendant King County violated RCW 29A.32.280 and RCW
29A.32.241(5) because, as the legislative body of the County of King, it failed to
formally appoint a committee to prepare arguments advocating and opposing
voters' approval of the Joint Ballot Measure not later than forty-five days before
the publication of the King County voter pamphlet for the 2007 general election.
Page 8
COMPLAINT - 8
BRESKIN JOHNSON & TOWNSEND
PLLC
999 THIRD AVENUE, SUITE 4400
SEATTLE, WASHINGTON 98104-4088
(206) 652-8660, (206) 652-8290 FAX
587182.1/026290.00001
Defendant King County violated RCW 29A.32.280 and RCW
29A.32.241(5) because it failed to appoint persons known to favor the Joint
Ballot Proposition to serve on the committee advocating approval of the Joint
Ballot Measure.
3.7
Defendant King County violated RCW 29A.32.280 and RCW
29A.32.241(5) because, despite the availability of persons known to oppose the
Joint Ballot Proposition, King County failed to appoint those persons to serve on
the committee advocating rejection of the measure.
IV. REQUEST FOR RELIEF
WHEREFORE, Plaintiff respectfully requests the following relief from
this honorable court:
4.1
Judgment vacating the committee to vote no against the Joint
Ballot Proposition.
4.2
Judgment against KING COUNTY enjoining it from recognizing
the committees appointed by Sound Transit and RTID for the purpose of
advocating approval and rejection of the Joint Ballot Proposition.
DATED this 17
th
day of August, 2006.
By: s/ Roger M. Townsend
Roger M. Townsend, WSBA No. 25525
BRESKIN JOHNSON & TOWNSEND PLLC
999 Third Avenue, Suite 4400
Seattle, Washington 98104-4088
(206) 652-8660/ (206) 652-8290 Fax
Attorneys for Plaintiff CAR