If you missed this story as it developed, Washington Gov. Jay Inslee publicly offered to sit down with Republicans and talk about his decision to keep the two-year old state of emergency in place. Four Senate Republicans, including Sen. Mike Padden, R-Spokane Valley, took him up on the offer. Now the governor says he’s not going to talk to anybody.
Read more: https://www.spokesman.com/stories/2022/mar/17/sue-lani-madsen/
On the opening day of the 2022 legislative session, state Sen. Phil Fortunato put new COVID-related rules to the test. The Senate majority approved requirements for in-person participation in the Senate Chamber, but Fortunato argues that the rules are arbitrary, illogical and don’t supersede his constitutional duties.
“The Senate majority rammed through these rules that don’t pass constitutional muster,” Fortunato argues. “We have now been in an “emergency” for nearly 700 days and it’s becoming clearer that this virus is something we are going to have to live with. It is time to return to normal proceedings and Zoom is not a substitute to being able to represent my constituents on the Senate Floor.”
Fortunato, R-Auburn points to flaws in the safety measures, like weekly testing that undermine the new rules altogether.
“They are saying we cannot be in person unless we receive a negative test result from a test that they agree can give false positives or negatives. One of our members just got back their test results – the only problem is that they never got a test.
“At some point in time we have to push back, and I intend to at every step of the way. I believe the Governor and the Democratic majority, under the guise of public health, have instituted policies that violate our rights and endanger our democracy.”
Testing of legislators and staff multiple times a week when tests for schools and front-line workers are running out sends the wrong message, added Fortunato. “Requiring testing of people with no symptoms when there is a shortage of tests is ridiculous. Why does the majority think we are so special that we should be taking these valuable resources? We are not more important than the people paying our salaries that have had to work this entire pandemic without any safety measures in place.”
When the Senate administration learned that Fortunato entered the Legislative Building without undergoing required testing, Senate Security was called to escort the Senator out, barring him from even participating remotely in his office.
“There are significant questions raised by limiting access to the Senate chamber through rules that add qualifications to the constitutional minimum required be able to exercise the elected office,” said constitutional legal expert Joel Ard. “Fortunato’s principled stand sends a message that constitutional rights, especially for elected leaders, don’t stop at the chamber door.”
Fortunato indicated that he will again attempt to participate in the legislative proceedings in person this Wednesday when the Senate is schedule to vote on bills.
As the governor and the Department of Labor and Industries unveiled new plans for Washington’s reopening, the guidance on vaccinations and masks for businesses and employees was met with consternation. One city in the 31st Legislative District, represented by Sen. Phil Fortunato, went so far as to pass a resolution effectively making it a sanctuary against the new rules, taking a stance similar to legislation that Fortunato co-sponsored during the 2021 legislative session to prevent vaccine discrimination.
“I’m pleased that people are waking up to what exactly the government is doing with these rules,” said Fortunato, R-Auburn. “Since the majority was unwilling to protect the rights of workers and small business, local jurisdictions should step up to ensure their communities are inclusive and stop all forms of discrimination.”
Resolution No. 2937 was approved unanimously at a Tuesday Bonney Lake city council meeting. While acknowledging the municipality has no legal ability to waive rules or protect businesses from penalties, the city has drawn a line in the sand, calling for an end to all restrictions by June 30. The city also stated that it “opposes any government mandated requirements or restrictions on citizens to show proof of vaccination status in order to access local businesses, houses of worship, or cultural events…”
“It is important that we as citizens of Washington stop seeing each other as a danger. It is time to reclaim our personal responsibility, restore individual liberties, and empower our citizens,” said Bonney Lake Councilwoman Angela Ishmael. “We must reject the idea of vaccination segregation, and I’m thankful for the leadership and support from Senator Fortunato on these efforts. It is time to rebuild community again.”
Fortunato is calling for a possible special legislative session to address the onslaught of new rules that will drive a wedge in communities based on vaccination status.
“The rules put forward by Inslee and L&I are unworkable,” said Fortunato. “They are driving our state into a paranoid surveillance operation, pitting people against each other, and it must stop. What is being asked is a clear violation of people’s privacy and property rights. We can’t put people in a position of either losing their ability to conduct business or violate someone’s medical privacy.”
Under threat of fines and penalties, L&I’s new rules require employers to act as vaccine police, keeping written records of employee vaccination. During a webinar this past Tuesday, even L&I admitted the practices could put employers in “dangerous waters.”
Since the start of the COVID-19 crisis, I’ve had serious concerns about how the governor was implementing our state’s response. Initially, we did the right thing and came together to stop the spread of the virus. However, I took exception when the administration started picking economic winners and losers with a totally inconsistent policy. You could build tax-payer funded housing, but private construction was stopped.
It is clear that the Legislature needs to step in and provide oversight to the litany of executive orders issued by the governor. It is our responsibility to our constituents to make sure that their voice is heard and that executive power is in check. We can’t do that unless we are in session. This is my second attempt to convince my colleagues that we need to act and call ourselves into session. You can read my email to them below or click here.
