Update on the Everett’s Legal Battle to Defend it’s Watershed
The City of Everett originally indicated that the voter-approved watershed law deserved its day in court — but in a recent filing for the October 24 Summary Judgment hearing, the City Attorney’s Office sided with the plaintiffs, asking the court to declare the law invalid.
Standing for Washington, a small nonprofit, is now up against well-funded developer lobbyists who have hired full law firms, yet we remain committed to defending the voters’ voice. Today we delivered a letter demanding that the City hire independent, expert legal counsel experienced in defending citizen initiatives to ensure the law receives proper representation in court. By defending this law, we are defending the principle that citizens’ decisions through direct democracy matter and must be respected.
Here’s the letter we sent.
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Dear Council President Schwab,
On behalf of Standing for Washington, I write to respectfully urge the Everett City Council to ensure that Initiative 24-03, the voter-approved watershed law, is fully defended in court. In just four days, our petition in support of this action gathered 114 signatures, reflecting strong public backing for protecting both the Snohomish River and the democratic process.
As you know, the City Attorney’s Office initially indicated it would not defend this law, and we were granted intervenor status to represent the public interest. In its most recent filing ahead of the October 24 Summary Judgment hearing, however, the City Attorney’s Office stated:
“The City therefore asks the Court to grant Plaintiff’s Motion for Summary Judgment and rule that Initiative 24-03 exceeds the scope of the local initiative power and declare it invalid.”
This leaves the City, rather than its voters, aligned with plaintiffs who are represented by well-funded legal counsel. Standing for Washington is a small nonprofit with limited resources, yet we are committed to ensuring that the voters’ voice is heard.
The City has previously used discretionary funds to retain outside counsel for sensitive matters. Doing so now will protect both the Snohomish River and the integrity of Everett’s democratic process. This case is not only about one watershed—it is about whether citizens truly have the right to make democratic decisions to protect our future, and to ensure the democratic process and the voter’s decisions receive fair and proper representation in court.
We respectfully request a response from the Council regarding how to move this formal request forward, in accordance with Council procedures, and what the next steps will be—or whether any action will be taken—to ensure that the voters’ decision is represented in court.
We appreciate your attention to this matter and the opportunity to work together to uphold the public’s trust and the democratic process.
Respectfully,
Abi Ludwig Co-founder Standing for Washington
Petition: Defend Everett’s Watershed Law: Fair Legal Representation Needed
Therefore, we the undersigned:
Call on Mayor Cassie Franklin and the Everett City Council to uphold the will of the voters and defend the watershed law in court by hiring outside legal counsel with proven expertise in defending citizen initiatives.