Lawsuit Filed To Stop King County Safe-Use Ballot Initiative

SEATTLE, WA - The King County Council decided on Monday to put the safe-injection site ban on the ballot in February, but a group called Protect Public Health filed a suit against that initiative Monday to stop it completely.

Last Thursday, the group Safe King County proved that it had gathered enough signatures (47,433) to place its Initiative 27 on the ballot. If approved, Initiative 27 would make it a misdemeanor to open a safe-consumption facility in King County; it would also ban any public funds from going to such an operation.

King County and Seattle are planning to open two safe-consumption sites, which allow users to consume drugs under medical supervision. The safe-consumption sites were recommended by a King County committee set up to study drug overdose deaths. The King County Board of Health later adopted eight recommendations made by that committee to combat drug overdoses; one recommendation is to open one safe-consumption site in Seattle, and a second site somewhere else in King County.

Protect Public Health argues in its suit that Safe King County's initiative is outside the scope of the initiative process.

"Public health is one of the areas that is beyond the scope of the local initiative and referendum process," the lawsuit reads. "The Legislature has adopted a comprehensive scheme for making public health decisions. It delegates final decision-making authority for public health decisions in King County to the King County Board of Health and the King County Council. Those bodies are responsible for making evidence-based decisions to protect the public health."

Protect Public Health's attorneys also argue that leaving "complex public health decisions" up to voters would be bad for public policy.

Several cities including Bellevue, Federal Way, Renton, Kent, and Auburn have already passed local ordinances banning safe-injection sites (also called Community Health Engagement Locations).

Protect Public Health is comprised of people working with HIV/AIDS and hepatitis C prevention, epidemiology, infectious control, tobacco control, palliative care, and other efforts to stop the opioid epidemic.

The lead sponsor of I-27 is Joshua Freed, a developer and Bothell City Councilman. Freed has donated $40,000 to the effort, the top donor next to Fisher Investments' Kenneth Fisher ($25,000); real estate developer Clyde Holland ($25,000); and property developer and prominent local Donald Trump supporter Faye Garneu ($10,000).

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