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City of Seattle
Ed Murray, Mayor

SUBJECT: Judge rules I-101 not eligible for fall ballot

7/18/2011  2:00:00 PM
Kimberly Mills  (206) 684-8602

After hearing oral arguments today, King County Superior Court Judge Joan E. DuBuque ruled from the bench that Initiative 101 is beyond the scope of the initiative power because it purports to exercise a power that was directly delegated to the City Council and Mayor.

Unless Judge DuBuque’s decision is appealed and overturned, I-101 in its entirety will not appear on the November ballot. The initiative was designed to prohibit the City of Seattle from using city streets to aid in the construction of a deep-bore tunnel to replace the Alaskan Way Viaduct, a project of the Washington State Department of Transportation.

Referring to state law precedent, Assistant City Attorney Jeff Slayton told the judge, “I think it’s rare in initiative land where a previous case decides the point but this is about as close as you can come.”

Earlier in the 9 a.m. hearing, Judge DuBuque also denied a motion by Elizabeth Campbell, the I-101 sponsor, to strike the City’s case based on the 2010 Anti-SLAPP (Strategic Lawsuit Against Public Participation) statute.

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