Franklin official to sue Inslee over ‘unconstitutional’ stay-home order

A Franklin County commissioner is promising to sue Gov. Jay Inslee if a statewide stay-at-home order isn’t lifted by Friday.

Clint Didier says Inslee’s order violates his and others’ Constitutional rights, including Didier’s right to practice his religion.

He told the Tri-City Herald on Tuesday he will file the suit as a private citizen on May 1 to coincide with President Donald Trump’s date for opening up America.

Inslee’s order was put in place in late March to slow the spread of the coronavirus in Washington state. The order required non-essential businesses to shut their doors to the public, banned most gatherings, limited travel and urged people to stay home.

“These are our rights that were given to us. They weren’t supposed to be taken away,” Didier told the Herald. “I missed Easter Vigil. That is the first time in my lifetime that I wasn’t able to participate.”

He said the Franklin County Republican Party also hasn’t been able to meet during the shutdown.

And Didier criticized Inslee’s recent decision to ease restrictions on builders working on homes and other private projects because it came with too many rules that other commercial builders on schools, roads and public projects don’t face.

The state said private contractors can return to work as long as they follow a set of 30 requirements, including making workers wear gloves, masks and eye protection, and having a COVID-19 supervisor at each job site.

Didier also complained that the shutdown has harmed Washington potato processors. Ninety percent of Eastern Washington frozen potato products are used in restaurants and other food-service establishments.

But with the shutdown of restaurants and schools, more than 1 billion pounds of last year’s potato crop remains in storage, leading to worries about the current crop, reported the Capital Press.

Didier, an Eltopia farmer and former pro football player, said he’s heard that some Washington growers are killing this season’s crop because there is no market for it, and he worries about food shortages.

Forming a coalition

While Didier is at the forefront of the charge, he is being joined by Lisa Thomas, a former Richland City Council candidate.

She started a GoFundMe campaign to help Didier raise money to hire a lawyer for the case.

Their goal is $20,000, though they’ve said it’s more about a show of force than the amount raised.

As of Wednesday afternoon, 142 donors had given almost $6,800, nearly doubling overnight.

“We’re only asking for individuals to give $5 or less, so we have numbers behind this,” Didier said. “I want the governor to know that there is a mass number of people that are struggling. It’s going to put more of a burden on the businesses that are left holding the bag to pay for the rest of this mess.”

Didier said some businesses plan to join the lawsuit and contribute to the costs.

While he hasn’t filed the suit yet, he has reached out to Everett-based attorney Stephen Pidgeon, the same lawyer he used when he filed a brief opposing the injunction against the car tab initiative, I-976.

Didier is the most recent person to threaten a legal challenge to the governor’s stay-at-home order.

Gubernatorial candidate Joshua Freed is asking the U.S. District Court to stop restrictions on religious gatherings.

Didier also finds hope in a recent Illinois court decision that exempted a Republican lawmaker from that state’s stay-home order.

“I just want America to know that we’ve been through a lot, and this is going to be a very tough climb, but with persistence and resilience, we will prevail,” Didier said.

This story was originally published April 29, 2020 at 5:00 AM.