Many are concerned over the governor’s use of emergency powers during this COVID-19 outbreak. Few remember that they were granted under the 2019 SJR 8200, which passed with voter approval by 65.5%. As usual the small change had an unintended consequence. The constitutional change was quite simple, it added: “catastrophic incident” to the already in place “or enemy attack.”  When passed, the legislature was thinking about volcanic eruptions, earthquakes or a tsunami event. No one was thinking biological.

The biggest infringement of civil liberties began when the governor unilaterally started picking winners and losers in our state economy. His determination of “essential” and “non-essential” businesses and industries created such a financial hardship on some small businesses that many have already or will soon look to declare bankruptcy.

I have yet to hear why it was okay for construction on low-income government projects to continue, but residential and commercial projects had to stop. Why could you sell a house, but not a car?  The governor’s recent rules on church services are so absurd it is hard to believe that they were developed by an elected official with any reason. You can attend a church service drive-in movie style, windows rolled up (car running because you would need the AC on otherwise you would cook in your car with current temperatures), and you cannot receive any handouts or food. The food part is a reference to Catholics and Christian denominations who receive Holy Communion, which the governor’s office refers to as a “cracker.” You can drive up to a McDonald’s afterward, roll down your window and get handed a bag of food with no problem at all.

My contention is that the emergency has passed. The original goal of the “Stay Home, Stay Healthy” order was to flatten the rates of infection so as not to overwhelm our health care system. That happened. Therefore, he no longer has emergency powers. That does not mean that we should not still be implementing health safety protocols, but we are all adults and it’s time to trust the people.  If a business does not have a health protocol in place that people are comfortable with, they won’t go there.

There are other consequences to a prolonged shut down; an increase in suicide, drug abuse, domestic violence and child abuse. It is time to end this heavy-handed approach that is leading us toward economic destruction. We can and must strike a balance. We can keep people safe, reduce risk of further infections and let people use the information and guidance we’ve developed to safely return to work. We don’t want the so-called cure to be worse than the disease.

With respect to the constitutional issue, perhaps we count this as a lesson learned and work to roll back that recent change.

Senator wonders why governor didn’t personally meet with Taiwanese envoys

Representatives from the government of Taiwan Friday delivered hundreds of thousands of masks that will be given to medical workers and first responders working to limit the spread of COVID-19 in Washington. Sen. Phil Fortunato said what should have been a cause for celebration all the way to Gov. Jay Inslee’s office has instead raised questions about why the ceremonial hand-off of life-saving equipment had to take place away from official state-government premises.

“If what I’m hearing is true, I’m dismayed at how the governor’s office has reacted to this significant gesture of goodwill from someone trying to help the people of Washington,” said Fortunato, R-Auburn. “I’m still trying to get more information, but it appears that the governor’s office may have kowtowed to communist propaganda and pressure to isolate Taiwan to such a degree that he couldn’t even been seen receiving these life-saving materials for our citizens.”

Taiwan, officially known as the Republic of China, has been recognized as an international leader for its response to the COVID-19 outbreak. However, the World Health Organization has shut out Taiwan because of long-standing tension with its communist neighbor, the People’s Republic of China.

“I’m glad that two Republican state leaders – Secretary of State Kim Wyman and Sen. Keith Wagoner, who are unafraid to show gratitude for a selfless act made possible by the Taiwanese people – stepped in where Governor Inslee would not,” Fortunato added. “They, like me, do not think it is in our interest to publicly snub friends who honored us with this gift of vital materials, even if that angers an oppressive regime whose own handling of this outbreak is questionable.”

Greetings Friends,

Although the Legislature is not in session, I’m still working hard for you. I’ve been hearing a lot from constituents asking what we as legislators are doing to push back on the governor’s executive actions. That has been challenging – because we are not in session, we can’t introduce legislation in response. So far all we’ve able to do is write letters to the governor voicing our frustration and concerns about decisions he’s made (or hasn’t made). I liken this to writing letters to Santa: I don’t get a response from Santa, and I don’t get a response from the governor.

That is why I have been working to gain bipartisan support for something that would be historic: to have legislators call themselves into a “special session”. Under Washington’s constitution, the governor can call a special session at any time for any reason. The Legislature is also allowed to call itself back to Olympia, as long as it’s for a specific purpose. In this case, the purpose would be to respond to the governor’s proclamations and address the major budget issues caused by the governor’s shutdown of most of our state economy.

I represent you – and you need to have your voices and concerns heard in a meaningful way. We need to have legislative oversight and put forth ideas that reflect your values, keep families safe and reopen our economy. Calling ourselves into a special session would check all those boxes.

The most important question we have to ask is: Is the emergency over? The proclamation powers of the governor take effect when there is a declared emergency. At the outset of the COVID-19 outbreak, many of us believed there was an emergency. As time went on, we have been able to establish protocols to reduce the number of deaths and infection rates (“flatten the curve”) so as not to overwhelm our health care system, yet these onerous restrictions continue. If there is no emergency, there is no authority for the governor to continue these dictates.

I’ve been vocal about the need for the Legislature to do more to protect your rights and ensure your state government is accountable. Just as much as we are fighting to stop the spread of COVID-19, we need to fight to save our economy. It’s possible to do both. Businesses have demonstrated that with safety protocols in place we can do our shopping and contain the spread of the virus.

My biggest objection is to the governor unilateral picking of winners and losers. It seems that every time we see some progress, he moves the goal posts – to use an expression – about when to allow certain businesses to reopen, while denying others.

For instance, I’m not against big, chain retailers, but if they get to remain open because their merchandise includes (but isn’t limited to) food, that hardly seems fair to our smaller hometown businesses that offer similar merchandise with the exception of food. If you can go shopping at a big-box store with 300 other people, you certainly can go shopping at your local business with 4 or 5 people in the store.

Also, the governor’s lengthy shutdown of residential and commercial construction while allowing construction on government low-income housing, Sound Transit and the Key Arena was inconsistent and wreaked havoc on our economy. A new estimate this week projects a shortfall of nearly $7 billion in the state’s four-year budget outlook. That needs to be addressed before the next legislative session in January. Calling ourselves into a special session would allow us to get started on that.

To top it off, Washington was the only state in the nation to completely shut down outdoor-recreation activities like fishing and golf, even though those can certainly be done with physical distancing.

We need consistent and thoughtful approaches that are missing from the governor’s new four-phase plan. The bottom line is that while some point to these extreme actions as saving lives from COVID-19, the same actions are taking an extreme toll on the mental and physical health of Washingtonians. The suicide rate has increased, as have reports of domestic violence and child abuse; these tragic facts aren’t likely to change as long as the economic challenges continue.

This will be the last e-news update you’ll receive from me due to election-year restrictions. I can still be available to help with your state government if you reach out to me. I’ll continue to be a voice for accountability where I can and push state leaders to think more broadly about the implications of keeping Washington shut down for another month.

Salute to Health Care Workers!

A wing of the U.S. Air Force from Joint Base Lewis McChord  will be doing flyovers throughout western Washington tomorrow (May 8) as a thank-you to health-care workers. I also extend my gratitude to those on the front lines, caring for patients during this challenging time.

It is an honor to serve you and my office is here to help you with any questions you may have about your state government.

Sincerely,

Phil Fortunato,

Your 31st District State Senator

As a Senator, I can produce some materials that help inform my constituents. One thing I’ve done is print some pocket constitutions that folks can take with them when they visit my office in Olympia. I wrote a forward and have uploaded it here for your to read. I take the Constitution seriously and work on your behalf to uphold the rights promised in these foundational documents. Click on the image below.