Status
a chronological overview of the milestones, key documents, and other news related to the beverage ordinance, the sammamish valley, and fosv
September 19, 2024: The WA State Supreme Court overturned the COA Div 1 decision and upheld the Growth Management Hearings Board’s invalidation of Adult Beverage Ordinance 19030.
May 21, 2024: The Oral Hearing was conducted before the WA State Supreme Court in a Tumwater, WA courtroom. Peter Eglick, council for FoSV, presented oral testimony and answered questions.
February 16, 2024: The WA State Supreme Court set the Oral Hearing date for May 21, 2024 in a Tumwater, WA courtroom.
December 5, 2023: The WA State Supreme Court Department (a subset of 5 justices) orders the case to be heard by the Court. This is a big win as the Court takes less than 3% of case requests.
November 8, 2023: The WA State Supreme Court Department meeting (a subset of 5 justices) orders the case to be reviewed further at the Court’s December 6 En Banc meeting.
September 19, 2023: The Wa State Supreme Court accepts all four Amicus Memos in favor of the FoSV and Futurewise case. The sample for Sierra Club is here.
September 18, 2023: One of the Amicus Memo attorneys responds to the County’s objections, reminding the Court of the purpose of Amicus Memos, and of the interests and knowledge of the Amici.
September 15, 2023: King County objects to all four of the Amicus Memos, basically saying none of the participants are qualified to comment on the subject.
Early September, 2023: Four Amicus Memorandums from third parties in support of the FoSV and Futurewise petitions to be heard by the Supreme Court are filed. The Amici are (1) Sierra Club, (2) Western Washington Agricultural Association, (3) Susan Boundy-Sanders and Paula Waters, and (4) a large coalition of farm support organizations and farm businesses, including American Farmland Trust, Farm Aid, Family Farm Defenders, Tilth Alliance, Washington Farmland Trust, Friends of Skagit County, Eastside Audubon, SnoValley Tilth, and Snoqualmie Valley Preservation Alliance.
August 10, 2023: King County responds to the FoSV and Futurewise Petitions for Review to the Supreme Court.
July 12, 2023: FoSV submits a Petition for Review to the Washington State Supreme Court.
July 11, 2023: Futurewise submits a Petition for Review to the Washington State Supreme Court.
June 12, 2023: The Court of Appeals issues an updated opinion after a motion for reconsideration.
March 20, 2023: FoSV and Futurewise submit a motion for reconsideration of certain facts in the case.
March 6, 2023: FoSV and Futurewise decide to appeal Court of Appeals opinion to the Washington State Supreme Court.
February 27, 2023: Court of Appeals opinion overturns Adult Beverage Ordinance invalidation.
October 26, 2022: FoSV answers Amicus Brief of Cave B in the COA.
October 26, 2022: KC answers the Amicus Brief of Cave B in the COA.
September 21, 2022: The Court of Appeals holds an oral hearing on KC’s appeal of the GMHB invalidation of 19030.
September 8, 2022: The Growth Management Hearings Board issued an Order finding continuing KC noncompliance and upheld invalidity of Ordinance 19030. A final Order correcting scriveners errors was issued on October 10, 2022.
September 1, 2022: Futurewise answers the Amicus Briefs of Matthews, Chateau Lill, and Feliciana at the COA.
September 1, 2022: FoSV answers the Amicus Briefs of Matthews, Chateau Lill, and Feliciana at the COA.
August 31, 2022: Cave B submits an Amicus Brief to the COA.
August 29, 2022: Futurewise reponds to the KC Supplemental Brief at the COA.
August 29, 2022: FoSV responds to the KC Supplemental Brief at the COA.
August 24, 2022: KC replies to the FoSV and Futurewise response briefs at the COA.
August 17, 2022: Feliciana submits an Amicus Brief to the COA.
August 17, 2022: Chateau Lill submits an Amicus Brief to the COA.
August 17, 2022: Matthews submits an Amicus Brief to the COA.
August 8, 2022: KC replies at the GMHB to the FoSV and Futurewise objections.
July 29, 2022: FoSV and Futurewise object at the GMHB to the KC report showing compliance and requesting lifting the invalidation.
July 28, 2022: KC submits a supplement to their Amended Opening Brief to the COA!!!! (Third go around on this brief).
July 22, 2022: Futurewise submits a response brief to the COA in reply to the Amended Opening Brief from KC.
July 22, 2022: FoSV submits a response brief to the COA in reply to the Amended Opening Brief from KC.
July 15, 2022: KC filed a report in response to the GMHB compliance order, showing “progress” towards compliance SEPA and GMA. KC further asked the GMHB to lift invalidity of 19030.
June 21, 2022: The King County Council was expected to vote on the ordinance developed in the Local Services and Land Use Committee that would replace 19030 and bring the County into compliance with SEPA and GMA. The Council did not have enough votes to pass the new ordinance, so it was sent back to the Local Services and Land Use Committee to die.
June 13, 2022: KC submits an amended opening brief to the COA. This after FoSV had already started work on the initial brief.
June 10, 2022: KC submits their opening brief to the COA in their appeal of the GMHB invalidation order.
May 10, 2022: The COA denies KC’s request to revoke the GMHB invalidation prior to a COA decision.
May 6, 2022: KC replies to the FoSV and Futurewise objection to KC’s request to revoke the GMHB invalidation prior to a COA decision.
May 4, 2022: FoSV and Futurewise object to KC’s request to revoke the GMHB invalidation prior to a COA decision.
April 26, 2022: King County requested that the COA revoke the GMHB invalidation of 19030 during the period before the COA decision is made. KC requested this so they could continue business as usual and also be free to receive state grants and loans, even though out of compliance with SEPA and GMA.
April 7, 2022: The Court of Appeals (COA) issued a schedule for the appeals case.
March 7, 2022: Superior Court issued an order moving the appeal to the Court of Appeals Div 1.
February 22, 2022: King County issued a motion to move the appeal of the GMHB decision from Superior Court to the Court of Appeals Div 1.
January 28, 2022: The King County Prosecuting Attorney’s Office (PAO) decided to appeal the GMHB decision that invalidated the Adult Beverage Ordinance for a second time on January 3. The King County Council could have stopped this appeal but chose instead to allow the PAO to move forward, even though work on new legislation is already underway and the GMHB has twice, in strong language, invalidated the Ordinance.
Mid January, 2022: Newly elected King County Councilmember Sarah Perry is appointed Chair of the Local Services and Land Use Committee. She is tasked with spearheading the effort to write new WBD legislation that is compliant with the GMA and SEPA and would be used to replace 19030.
January 3, 2022: In a Final Decision and Order the GMHB invalidated the Adult Beverage Ordinance (again) and ruled that King County violated the State Environmental Policy Act (SEPA) and the Growth Management Act (GMA) when it adopted the Ordinance. A press release with more details is here. The first compliance report is due to the GMHB on July 1, 2022.
November 17, 2021: The GMHB held an oral Hearing on Merits of Petition, covering all the SEPA and GMA issues raised by FoSV and Futurewise.
November 10, 2021: FoSV and Futurewise submitted a 10 page Reply Brief to the GMHB in response to the King County Prehearing Brief, along with a Motion of Official Notice to include new information into the record.
November 3, 2021: King County submitted a 60 page Prehearing Brief to the GMHB in response to the FoSV-Futurewise Prehearing Brief.
October 13, 2021: FoSV and Futurewise submitted a 50+ page Prehearing Brief to the GMBH covering all the issues raised in the initial petition to the Board.
July 21, 2021: King County proposed settlement negotiations. On July 21, FoSV, Futurewise and King County agreed on a 45 day extension of the GMHB schedule in order to conduct talks. The GMHB also issued a new schedule. Settlement talks failed.
July 2, 2021: King County Superior Court produces an Order which requires the County to extend the moratorium for 1 year and remands the Adult Beverage Ordinance case back to the GMHB.
June 22, 2021: Per the terms agreed in the Superior Court Order signed 7-2-21, King County Council extends the moratorium on licensing and permitting for adult beverage businesses in unincorporated King County for one year through December 23, 2022.
May 14, 2021: Both FoSV and Futurewise issue a Notice of Appeal to the Court of Appeals, Division I seeking review of the April 16, 2021 Superior Court Order.
April 26, 2021: Deadline for FoSV, Futurewise and/or the County to ask Superior Court Judge David Steiner to reconsider any of his decisions in his April 16, 2021 Order. None of the parties requested reconsideration.
April 16, 2021: King County Superior Court Judge David Steiner issued an Order regarding King County’s appeal of the Growth Management Hearings Board (GMHB) invalidation of the King County Adult Beverage Ordinance. Four decisions were included in the Order. An explanation of the Order is here.
April 2, 2021: KC Superior Court held an oral hearing on the King County Petition for Review to the Court challenging the GMHB decision to invalidate the Adult Beverage Ordinance.
March 5, 2021: KC provides a rebuttal to FoSV and Futurewise briefs in Superior Court on invalidation of the Adult Beverage Ordinance.
February 23, 2021: FoSV and Futurewise respond to KC’s brief in Superior Court on invalidation of the Adult Beverage Ordinance.
February 12, 2021: FoSV, Futurewise and three FoSV members with relevant science background all respond (here, here, and here) to the SEPA DNS issued on January 15, 2021
January 15, 2021: KC issued a Determination of Non Significance (DNS) on their New SEPA Checklist issued on November 2, 2020.
November 23, 2020: FoSV attorneys responded to the emergency motion in a blistering indictment that lays bare the County’s obfuscations and real intent. Documents are here, here, here, and here.
November 2, 2020: KC issued a New SEPA Checklist for readoption of the Adult Beverage Ordinance.
November 16, 2020: King County filed an emergency motion asking the Superior Court to stop all proceedings at the Growth Management Hearings Board (GMHB) until the Superior Court rules on the County’s appeal of the of the Board’s order that invalidated the Adult Beverage Ordinance.
November 9, 2020: FoSV sends KC Prosecuting Attorneys Office (PAO) a letter challenging their assertion that there is “no code to enforce”, highlighting some more egregious violations, and requesting that code enforcement commence immediately.
October 22, 2020: A new Superior Court case schedule is agreed upon. KC opening brief is due on 1/9/21 and the final hearing is scheduled for 3/12/21.
October 21, 2020: The Superior Court assigned a new judge, Judge Nelson Lee.
October 21, 2020: FoSV asks Superior Court to assign a new judge to the case. In each case, the respondent can ask one time only for a new judge.
October 21, 2020: FoSV sends Superior Court a notice of disqualification on Judge Julie Spector.
October 20, 2020: KC asks the Superior Court to delay the case into early 2021.
June 23, 2020: KC Council passes a moratorium on all permitting activities related to wineries, breweries and distilleries while legal action is pending. A moratorium lasts for 6 months but can be extended.
June 19, 2020: A schedule is set for the Superior Court case. KC opening brief is due on 6/19/20 and the final hearing is scheduled for 12/18/20.
June 18, 2020: King County files a Petition for Review to Superior Court challenging the GMHB decision to invalidate the Adult Beverage Ordinance. KC asks the Court to appeal the GMHB decision. The GMHB does not defend its decisions on appeal. Defense must be conducted by one or more of the winning parties (FoSV, Futurewise and other co-petitioners).
May 26, 2020: In a sweeping decision, the WA State Growth Management Hearings Board (GMHB) invalidated the Adult Beverage Ordinance in a strongly worded, unanimous May 26th Order. The Board’s Order cites a dozen grounds for invalidation under the State Environmental Policy Act (SEPA) and the Growth Management Act (GMA) and faults the County repeatedly for ignoring the Ordinance’s potential environmental harm and impacts on infrastructure.
May 6, 2020: Deadline for final rebuttals to Dispositive Motions. FoSV and Futurewise submitted a joint rebuttal on SEPA, pointing out that the KC’s response to our Dispositive SEPA Motion sidestepped the core issues. We highlighted the Temporary Use Permit (TUP) program that allows WBDs to get around many of the supposed Ordinance “constraints.” KC also submitted a final rebuttal to our challenge of the Ordinance language which makes code enforcement discretionary.
April 29, 2020: Deadline for responses to Dispositive Motions. KC’s response to our Dispositive SEPA Motion was long winded and garbled, seemingly intended to confuse. FoSV submitted a cross motion to KC’s dispositive motion on code enforcement. If you’ve ever been frustrated by lack of code enforcement, our cross motion lays bare KC’s song and dance. Futurewise also submitted a cross motion to KC’s motion.
April 20, 2020: FoSV and Futurewise filed a Dispositive SEPA Motion which asked the GMHB to require the County to do an environmental impact study. The County filled out the required State Environmental Protection Act (SEPA) checklist by answering “does not apply” to almost all (over 80) questions. In other words, the County said, “nothing to see here - the Ordinance will have no environmental impacts.”
April 20, 2020: The County filed a Motion for Partial Summary Judgement which asks the GMHB to throw out our challenge related to language in Ordinance that makes code enforcement at the County discretion and on their timeline. Enforcement would not start for at a minimum of 12 months after Ordinance passage and is at the County’s discretion based on undefined “progress towards compliance” of code violators.
March 4, 2020: FoSV submitted a Petition for Review to legally challenge the Adult Beverage Ordinance at the WA State Growth Management Hearings Board (GMHB). Futurewise has also filed their own Petition for Review.
January 8, 2020: A notice of adoption of the Ordinance was published in the Seattle Times. Anyone wishing to challenge the Ordinance has 60 calendar days from this notice to submit a petition to the GMHB.
December 19, 2019: King County Executive Dow Constantine fails to sign or veto the Ordinance so it was deemed enacted without his signature.
December 4, 2019: The King County Council narrowly voted 5-4 to pass the Adult Beverage Ordinance legislation, with Councilmembers Dembowski, Gossett, Upthegrove and Kohl-Welles voting against the Ordinance. Councilmembers Lambert, Balducci, McDermott, Dunn and von Reichbauer voted for the Ordinance. Executive Dow Constantine must either sign or veto the Ordinance within the next two weeks.
November 10, 2019: FoSV issued a detailed rebuttal to the proposed Beverage Ordinance in a letter to the Council.
October 7, 2019: The King County Council Committee of the Whole (COW) held their final public hearing on the proposed Beverage Ordinance and passed the legislation out of committee “without recommendation.” A public hearing with the full Council is scheduled for December 4, 2019.
September 16, 2019: On Sept 10 King County Councilmember Claudia Balducci introduced an updated version of the Adult Beverage Ordinance. The King County Council Committee of the Whole (COW) met September 16 to consider the updated Ordinance but did NOT vote to pass the Ordinance to the Council for a final stamp of approval, as expected. Instead they decided to get more input from the community first and vote in the next COW meeting on October 7 at 1:30 pm.
June 12, 2019: The full King County Council held a public hearing on the proposed Beverage Ordinance. After two hours of public testimony - the vast majority of it by dozens of FoSV supporters - the Council concluded that the Ordinance is not ready for a vote and needs more work. The Councilmembers agreed to send it to their Committee of the Whole, which includes all Councilmembers and is chaired by Joe McDermott. This enables all stakeholders to address previously overlooked issues. FoSV looks forward to working closely with all Councilmembers on drafting an Ordinance that protects the Sammamish Valley, while allowing for responsible development.
June 4, 2019: King County Councilmembers Claudia Balducci and Kathy Lambert hosted a “Winery, Brewery and Distillery Code Update Community Meeting” starting at 6:00pm at the Lake Washington United Methodist Church at 7525 132nd Ave. NE, Kirkland 98033. FoSV supporters had a very strong presence at this meeting and made their concerns known!
April 26, 2019: King County issues a SEPA Determination of Non-Significance for the Ordinance.
April 9, 2019: King County issues a SEPA Checklist for the Adult Beverage Ordinance. To learn more about SEPA click here.
April 26, 2018: King County Executive Dow Constantine transmitted the proposed Adult Beverage Ordinance to the King County Council for consideration and adoption.