1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

X X X

Expedite Hearing set August 30, 2013 Judge Shaller

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THURSTON COUNTY ) ) ) No. 13-2-01603-3

ARTHUR WEST, plaintiff,

) Vs. ) PLAINTIFFS ) DECLARATION WASHINTON STATE, ) IN SUPPORT OF LIQUOR CONTROL BOARD, ) PRELIMINARY et al, ) INJUNCTION defendants ) ______________________________ )________________________________
Comes now the plaintiff, Arthur West, and certifies the following to be correct and true based upon his personal knowledge of matters he is competent to testify upon. Despite the filing of this case, defendants continue to openly violate the laws of the State of Washington. On September 10, 2013, I attended a hearing of the Government Accountability and Oversight Committee. Also attending this hearing were all three of the Board members of the Liquor Control Board. While this in itself was not a violation of the OPMA, after the meeting concluded, two of the Board members (Mr. Marr and Ms. Kutrose) remained for approximately 15 minutes to discus I-502 related issues with various parties. I personally observed these discussions in the hearing room and the hallway outside. Such discussion of the business of the Liquor Control Board outside the bounds of a public meeting is a clear violation of the OPMA, one
1 PLAINTIFFS
DECLARATION IN SUPPORT ARTHUR WEST 120 State Ave NE #1497 Olympia, WA 98501

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

that proper agency protocols would make impossible. Such conduct, after being the subject of a suit for violation of the OPMA, is inexcusable. I can only assume that the Liquor Control Board has not been properly advised by its counsel or that its members believe themselves to be above the law. In addition, the September 10, 2013 hearing also addressed the actions of a Work Group led by the Liquor Control Board, formed pursuant to State law, ESSB 5034 to make recommendations concerning the integration of I-502 with other laws. Although this Work Group was formed pursuant to law and meets the definition of an entity required to follow the Open Public Meetings Act, the Liquor Control Board has again flagrantly violated the law by holding these Work Group proceedings in secret. I spoke with a reporter from the News Tribune after the meeting, who informed me that he had attempted to attend one of the Work Group meetings but had been told by the Liquor Control Board that they were private. Members of the Work Group I questioned declined to tell me where the next meeting of the Work Group would take place. I have reviewed the declaration of Mary Tennyson submitted on September 12. Nowhere in this declaration is there any mention of a SEPA checklist or SEPA determination that applies to the new September 4 Liquor Control Board Rules. As the Plaintiffs Motion to supplement and Ms. Tennysons declaration demonstrate, the LCB has not even attempted to comply with the requirements of the State Environmental Policy Act in adopting the September 4 Rules. The arguments of counsel concerning review of the Boards SEPA determination after it adopts rules presupposes that there is a SEPA determination issued in conjunction with these rules. This appears to be a false assumption, as the LCB has no apparent intention of issuing any type of threshold determination for the September 4 Rules. The suggestion of counsel that plaintiff wait until the LCB formally adopts rules to challenge the LCBs SEPA determination is only rational if
2 PLAINTIFFS
DECLARATION IN SUPPORT ARTHUR WEST 120 State Ave NE #1497 Olympia, WA 98501

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

there is such a determination to review. Plaintiff respectfully requests that this Court take the LCB at their word that a SEPA determination will be produced for review by entering the requested injunction. Any lesser action under the undisputed facts of this case will authorize and legitimize the continuing illegal actions of a rogue agency that refuses to comply with the explicit terms of clearly established State law. I, Arthur West, certify the foregoing to be correct and true under penalty of perjury of the laws of the State of Washington. Done September 12, 2013, in Olympia.

_______________ ARTHUR WEST

3 PLAINTIFFS
DECLARATION IN SUPPORT

ARTHUR WEST 120 State Ave NE #1497 Olympia, WA 98501