Updated July 20, 2011:           VIEW CURRENT  PDC FILINGS

Mail In Donation Form — Copy and Paste below:

Dear Concerned Citizens Against the Tunnel,

This last Monday Judge Joan DuBuque sided with the State and City of Seattle, and ordered that the people do not have a right to vote on Initiative 101, Stop the Tunnel, that the legislature when it passed RCW 47.01.402 vested solely with the State and the City, a right to make decisions and take all actions related to the deep bored tunnel.  Read it yourself, this is not an accurate interpretation of the tunnel legislation!

 We need your help - we have one more legal action to take to overturn that ruling and to get I-101 on the ballot. 

The attorneys for both government entities said during the court hearing that Section 5 of the RCW specifically granted this right.  Despite valiantly arguing against this, our attorney Dick Stephens was cut short by the court.  Judge Dubuque agreed with the State's and City's arguments that all power over the tunnel project was vested with the State and City governments via RCW 47.01.402, and issued her decision that I-101 was not to be put on the ballot.

A reading of Section 5 however shows that the Judge's agreement with the State and City is just not so.  This section deals with public access to information, ensuring that the respective transportation departments manage aspects of the project as they had previously agreed to, and that notorious section about Seattle area residents are to bear any cost overruns. 

Furthermore, there is nothing in RCW 47.01.402 that either specifically delegates to the State and the City Council and Mayor sole control over the tunnel project, or that excludes, by stated intent or omission, that the electorate is not to have the right to place an initiative measure on the ballot. 

Accordingly, our two attorneys, Kathy George and Dick Stephens both have strongly encouraged that we appeal the ruling, file an emergency appeal to the State Supreme Court, and ask it to intervene by August 15th** at the latest, to stay the Judge DuBuque's order and to place Initiative 101 on the ballot. 

They both have pointed out that the Supreme and Appellate Courts have consistently ruled in favor of the public's right to vote. 

Therefore, we are moving ahead post haste to request that the Supreme Court intervene in this matter.  To do this it is going to cost $3,000 for the attorney's to prepare and file our request for expedited review, and another $450 for the transcript of the hearing on Monday.  That's a total of $3,450, of which just yesterday on our first day of fundraising we raised $1000, leaving another $2450 that we need to raise by late today - the attorneys and the court reporter are requesting pre-payment before they start on the appeal. 

I've transmitted a $1000 check to Kathy George to get her started, and this afternoon I am supposed to give $450 to the Court Reporter in order to get an immediate copy of the transcript this evening. 

This is a lightening speed operation b/c the court has to see this request as soon as possible in order to make at the latest, if they will, a decision by August 15th.

Please help, in whatever dollar way you can. 

This is a very small price to pay sustain an undertaking that we have spent countless volunteer hours on, in addition to over $68,000 in hard cash on. 

It would be a shame that for want of a few hundreds dollars that we give up and foreclose any opportunity for Initiative 101 to be on the ballot. 

Call me, 206-769-8459, I'll be happy to come and get your check, or go to our website, http://www.scatnow.com/index_files/MakeAContributionReportingPage.htm to make a donation for the appeal, or, send a check or money order to Seattle Citizens Against the Tunnel, 3213 W. Wheeler St.  No. 271, Seattle, WA  98199.

Thank you for your time,

Elizabeth Campbell  

* RCW 47.01.402 Section 5 excerpt:  It is important that the public and policymakers have accurate and timely access to information related to the Alaskan Way viaduct replacement project as it proceeds to, and during, construction of all aspects of the project, specifically including but not limited to information regarding costs, schedules, contracts, project status, and neighborhood impacts. Therefore it is the intent of the legislature that the state, city, and county departments of transportation establish a single source of accountability for integration, coordination, tracking, and information of all requisite components of the replacement project, which must include, at minimum:

     (a) A master schedule of all subprojects included in the full replacement project or program; and

     (b) A single point of contact for the public, media, stakeholders, and other interested parties.

     (6)(a) The city and county departments of transportation shall be responsible for the cost, delivery, and associated risks of the project components for which each department is responsible, as outlined in the January 13, 2009, letter of agreement signed by the governor, city, and county.

     (b) The state's contribution shall not exceed two billion four hundred million dollars. If costs exceed two billion four hundred million dollars, no more than four hundred million [dollars] of the additional costs shall be financed with toll revenue. Any costs in excess of two billion eight hundred million dollars shall be borne by property owners in the Seattle area who benefit from replacement of the existing viaduct with the deep bore tunnel.

**  August 16th is the last day that notice can be given to King County Elections in order for I-101 to be placed on the November 8th ballot.  http://www.sos.wa.gov/elections/calendar_list.aspx?y=2011

Mail In Donation Form:

Dear SCAT,

I really appreciate what you're doing - keep fighting for us.  Please accept my contribution for

$ ___________

(Please supply the information below so we can send you a thank you letter it's really important to fill this out).

Your Name _______________________________________________________________________________

Address __________________________________________________________________________________

City, State, Zip, Phone # _____________________________________________________________________

Enclosed is my check for $ ______________________ Made payable to "SCAT"

Occupation __________________  Employer & Employer zip code ________________________________

VISA or M/C number ___________________________  Exp. date (MM/YY) _____/_____  Amt. $ _________

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Voluntary donations to "Seattle Citizens Against the Tunnel" are not tax-deductible.  Voluntary donations to "SCAT" are political donations that will be used exclusively to defray the cost of the

I-101 Stop the Tunnel Campaign.