2010.5 living liberty

A PUBLICATION OF THE EVERGREEN FREEDOM FOUNDATION 1

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REVOLUTIONARIES OF TRUTH 7ADJUST THE SAILS 3 STATE ATTORNEY GENERAL SUES FEDS OVER HEALTHCARE 6

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WEA Settles Continued on page 5 . . .

he Evergreen Freedom Foundation’s long bat-tle with the Washington Education Association,

which led to a unanimous U.S. Supreme Court free speech victory, entered its final chapter in April when the WEA agreed to a final settlement of the lawsuit.

All total, the WEA will pay $1.2 million in penalties and restitution to teachers for its free speech violations. This case was always about a simple principle: ensure that teachers are not forced to pay for political activity with which they disagree. No one should have to support someone else’s political agenda as a condition of employment.

Ten years ago EFF filed a complaint with the state Public Disclosure Commission alleging that the WEA had used nonmember teachers’ collective bargaining payments for political activity without getting permission from the teachers as required by law. Teachers in Washington are generally required to pay for union representation as a condition of employment. Those who decline to join the union must also pay union fees, but are given protections in state law to ensure their First Amendment rights. Specifically, RCW 42.17.760 requires unions to get permission from nonmembers before using their payments for political activity.

As a result of EFF’s complaint, the State filed a lawsuit against the union, and a group of teachers, led by lead plaintiff Gary Davenport, sued WEA to recover the improperly-spent dues of about 4,000 teachers.

Those cases worked their way to the Washington State Supreme Court, and in 2006 the state Supreme Court ruled the law requiring unions to get teachers’ permission was unconstitutional. Justice Faith Ireland (retired) wrote that requiring unions to ask permission before spending nonmember dues on political activity was “too heavy an administrative burden.” Justice Richard Sanders, however, wrote a strong dissent saying the majority decision “turns the First Amendment on its head” by forcing teachers to fund political speech.

The U.S. Supreme Court later agreed with Justice Sanders’ opinion.

The State and the Davenport teachers both appealed to the U.S. Supreme Court. On June 14, 2007, the Court unanimously upheld the law as constitutional. Justice Antonin Scalia wrote that “unions have no constitutional entitlement to nonmember employees’ fees.” Thus, laws requiring unions to gain permission from employees before using the money to further the union’s political objectives are constitutional. Not only was this policy constitutional, but it was desirable, considering the extraordinary benefits that unions enjoy through forced unionism.

Both cases were then returned to state court. The State settled its lawsuit with the WEA in December 2008. The WEA agreed to pay the State $735,000 and return up to $240,000 to affected teachers. The Davenport teachers have now reached a separate settlement for an additional $225,000. Teachers who are eligible under the terms of the settlements can expect a refund of union payments that were improperly spent.

The U.S. Supreme Court’s ruling in Davenport v. Washington Education Association has had far-reaching implications. The WEA, of course, has been held accountable for its past violations of the law. The

0 0 0 1 0 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 1 0

August 2000Evergreen Freedom Foundation files notice

of violation with Attorney General.

October 2000Attorney General files

suit against Washington

Education Association

(State v. WEA).

March 2001Teachers file class action

lawsuit against the union

(Davenport v. WEA).

July 2001Thurston County Superior

Court finds WEA guilty of

“multiple violations” in

State’s case.

June 2003Court of Appeals consolidates the

two cases and rules 2-1 that it is

unconstitutional to require unions

to seek permission from teachers

for political spending.

March 2006Washington State Supreme

Court upholds Court of

Appeals decision 6-3 in

favor of WEA.

June 2006Attorney General and

Davenport teacher file

appeal to U.S. Supreme

Court.

September 2006U.S. Supreme Court agrees

to review the cases.

January 2007Both cases argued

before the U.S.

Supreme Court.

June 2007U.S. Supreme Court rules unanimously in favor of teachers’ free speech rights.

ThE WEA Will pAy $1.2 MilliOn in penAltieS

WeA SettleS WiTh TEAChERS AND Will pAy FOR FREE SpEECh ViOlATiONS

2010

2 LIVING LIBERTY

234567810

1112

“Quote”

Evergreen Freedom Foundation PO Box 552

Olympia, WA 98507(360) 956-3482

Fax (360) 352-1874 [email protected] • www.effwa.org

VOLUME 20, Issue 5

EFF’s mission is to advance

individual liberty, free enterprise and

limited, accountable government.

This Issue

Publisher:Lynn Harsh

Editors:Lynn HarshJonathan Bechtle

Layout:Joel Sorrell

MAY 2010

TAX DAY IS OVER, WHAT NOW? | by Lasse Lund

LETTER FROM LYNN | by Lynn Harsh ADJUST THE SAILS LEGACY SPOTLIGHT | by Irene Endicott GETTING A GOOD RETURN ON YOUR INVESTMENTS | by Juliana McMahan MAKING SENSE OF WASHINGTON’S ATTEMPT TO ‘RACE TO THE TOP’ by Diana Cieslak STATE ATTORNEY GENERAL SUES FEDS OVER HEALTHCARE | by Trent England

REVOLUTIONARIES OF TRUTH | by Amber Gunn HARD CHOICES: IF NOT NOW, WHEN? | by Brett Davis LABOR’S NEW MARKET STRATEGY IGNORES KEY CONCEPT | by Rachel Culbertson EFF SUES TO FORCE DISCLOSURE OF PUBLIC EMPLOYEE DRUG AND ALCOHOL TEST

RESULTS | by Jonathan Bechtle TAX DAY TEA PARTIES DRAW THOUSANDS, STRESS POSITIVE THEMES by Scott St. Clair WASHINGTON STATE LEGISLATURE ADJOURNS SINE DEAD | by Scott St. Clair DIARY OF A FREEDOM LOVING MOM | by Judy Parkins BEWARE THE VAMPIRE VOLUNTEER

MEET EDWINA JOHNSTON | by Judy Parkins HER LIFE’S INVESTMENT WAS RUINED BY GOVERNMENT REGULATION

“Those who cannot remember the past are

condemned to repeat it.”

- George Santayana

itizens traveled many miles to take part in the national movement of tax day protests Thursday,

and they weren’t disappointed by what they experi-enced. There were over 3,500 people on the North Steps in Olympia, 1,000 taxpayers at Westlake Park in down-town Seattle and, thousands more in other cities across Washington state.

At the rallies I attended in Seattle and Olympia, there was an upbeat atmosphere with lots of people excited to join with others in expressing concern.

The Tea Party movement has proved to be more than just a flash-in-the-pan uprising of anger over the Obama election. For over a year now, citizens distraught by over-spending and the disregard for our Constitution have been making their voices heard at rallies, town hall meetings,

and on Internet sites like Twitter and Facebook. Center-right grassroots groups have sprung up in cities all over the state, giving people a place to connect with other activists and combine their efforts. The groups have found ways to mobilize their members to take meaning-ful action on a variety of issues, from health care reform to climate change. Tax Day, however, has always been a focal point for the movement; a day that many people anticipate because of the energy it generates.

Now that the Tax Day rallies are over, people are won-dering “What’s next?” Many speakers at the Tea Party rallies pointed to the November election as the next big objective that activists can work towards, asking them to put their energy and finances into the campaign efforts of quality candidates. But tea party activists also need to see the big picture; they must be part of the daily solu-tion if we are going to get this country back on track.

We’re in this current mess because the 4th Branch of Government, We the People, disengaged for too long.

Our leaders have been free to make horrendous decisions, on the prem-ise that they have been acting in our best interest. We have just begun to understand the error of our ways, and November is only the next step in the process.

Citizens must remain engaged beyond November 2nd, if we are going to see our country recover.

I want to encourage you, if you aren’t actively exercis-ing your rights and responsibilities as a citizen, join the Freedom Foundation’s Citizen Action Network today. We’ll educate, train, and mobilize you to make a differ-ence on a daily basis.

Join today at www.thecitizenactionnetwork.com

tAx DAy iS Over, WhAt nOW?by Lasse Lund

C

Please see the ad on the bottom of page 9.


ing it requires that a large number of current lawmak-ers are returned by voters to the private sector; that new lawmakers are elected who understand, leadership, eco-nomics and American government; that the leftists can be neutralized long enough to win the hearts and minds of another 20 percent of the American electorate.

All of this in the next few years! Being an organiza-tion of hard-headed realists, we are executing concrete actions to avert an economic and governing hurricane while still preparing to face one if necessary.

First, we are equipping voters with information and tools. Voting records, judicial rulings and candidate questionnaires will be available soon, and we will train hundreds of people to do this research for themselves in future years.

Second, we host classes in First Principles and the essentials of citizenship. Soon these classes will be on film enabling us to reach tens of thousands of people who have never learned the basics of liberty and good stewardship.

Third, we don’t just complain about the current mess. We provide alternatives to the status quo with our policy analysis, commentary and best practices research.

Fourth, we spend as much time and money influencing perceptions about freedom as we do digging up facts. Facts alone will not persuade most people to make bet-ter decisions about who they vote for or what policies elected officials ought to pursue. We woo and pursue the uncommitted and unconvincined.

Fifth, we help build coalitions and leaders, because we have no false illusions that our Foundation can do this alone.

It is likely that our economy will improve a bit in the short term, and that many people will be lulled into false security—like in the eye of the storm. But our stagger-ing debt, unsustainable regulatory environment and heavy tax burdens will exact a cost. Regardless of future outcomes, no good thing comes from ignoring problems and refusing to create a plan to conquer them.

We humans are not benign when given power over the lives of others. That’s why government must be lim-ited and subject to checks and balances. Power must be returned to the governed. And we must exercise respon-sibility over our own lives.

Many of us have been through storms that threatened to capsize us. We have gained valuable knowledge and skills as a result—assets that can be used for us and our countrymen at this critical time.

Human flourishing depends on freedom. Unending complaining or naïve optimism won’t rescue freedom in this storm. We need to adjust the sails, ride it through and remedy the conditions that created the storm in the first place.

Letter from LynnLETTER FROM LY NNby Lynn Harsh

TAdjust the sails!

“ Simple observation indicates this is a hurricane in the making.”

he water ripples beneath my gaze as yellow water taxis dance around each other going to and fro. In

the distance, a pole is coming toward me. Just a pole. When it rounds the corner, it will no doubt be attached to a boat, its sail carefully wrapped until it reaches the open sea a short distance from here.

I suppose this scene could be described from my writ-ing window in Olympia. Instinctively I find myself scanning the horizon for mountains, but it’s all open sky here.

No, this is not home. This writing window belongs to a friend who has graciously allowed me to use her condo for a few days while I reflect and write. A warm and lovely location on the inland canal seems to be the per-fect place to power down for a few days after a rowdy legislative session with more tough days to come.

The canal is peaceful with very little wind--a useless condition for the sailboat that is now headed my way. But wind and open ocean waters wait at the other end to stretch those sails beautifully. That’s what a sailor loves.

I am reminded of a John Maxwell quote: “The pessi-mist complains about the wind. The optimist expects it to change. The leader adjusts the sails.” That’s a great proverb for those of us interested in leadership during tumultuous times and the enormous opportunities pre-sented in their midst.

Most people only see the huge wind-whipped waves all around them. That’s understandable. It can be pretty scary to be in a vessel dwarfed by raging elements on all sides. A great deal of discipline is required to automati-cally do what your experience and training tells you are best, regardless of emotions.

Optimism, by itself, doesn’t cut it. Hard-headed realism is required to see where to head through the tumult.

Most of you have conquered conditions that seemed they would swallow you. Anyone who is an athlete or an avid outdoors person has pushed beyond what seems possible. So have some of you who have faced serious depression, illness or loss of a loved one. Lots of exam-ples come to mind.

This much I know. The time for freezing up or col-lapsing is after you and your loved ones are safe. Many excuses can be made for inaction or pig-headed deci-sion-making. But they all lead to a bad ending.

America’s Big Storm is not going to end this weekend or next, and we are right in the middle of it. So what

does it mean to “adjust the sails”? And can this be done in near hurricane conditions?

Hurricanes happen when all the right condi-tions combine. The sea surface must be warm, with an east wind that combines with vertical thunderstorms. Rotation occurs, and a path of chaos is the result. Take one of those ele-ments away, and it’s just a storm, though it can still be significant.

The origin of our storm can be found very simply.

Americans have prospered. We grew warm and comfortable, dismissive of the east winds aloft created by big-government elitists. Loss of liberty, the shift of individual responsibility to government, and the inevitable tax increases that accompany big govern-ment programs have taken their toll. Thunderstorms are forming. Given the current trajectory, in several years, the majority of Americans will have no tax liability. But government

will be growing at an unprecedented rate…a redistributionist’s dream!Simple observation indicates this is a

hurricane in the making.We may not be able to stop it. Innocent

people will be hurt. It would be better if we can intervene before this happens, but avert-

4 LIVING LIBERTY

hen I make an investment—money, time or energy—I

like to get something back. In fact, if I don’t feel I am getting a good return, I will stop that investment.

Each person must decide for them-selves what sort of return is worth-while. I have invested substantial amounts of time, energy, and money into family and friends, for example. My return is a rewarding relationship with them.

When it comes to supporting a charitable organization, I look for another type of return. I want to support orga-nizations that are a) working on a mission I feel is very important, b) working in a way I agree with, c) using my investment carefully, and d) seeing results from their efforts. This is why I enthusiastically invest my time, energy, and money in the Freedom Foundation.

The Freedom Foundation’s mission is to advance indi-vidual liberty, free enterprise, and limited, accountable government. I agree wholeheartedly that this is essential to maintaining and regaining our freedoms in America.

They are working to reach leaders, the media, the digi-tal audience, and the public with accurate and compel-ling information not available from biased, mainstream media sources. They use a variety of methods to high-light problems and offer commonsense and realistic solutions. Capturing the attention of a growing digital audience is a high priority.

When I give to the Freedom Foundation, I have confi-dence that they are being frugal, but not to the point of being penny-wise and dollar foolish. They understand how to leverage their activities to maximize the results.

Thanks to wise leadership provided by the board and senior staff, they also understand that activity alone is not enough…change is needed. It is not enough to simply

produce information, but it must be put into the hands of those who can use it to change what is happening. And it must be presented in a way that will be accepted by the recipient.

Over the past 18 years, I have watched the Freedom Foundation grow from a tiny operation in a basement, to a powerhouse in our state and across the nation. I have seen things change because of the work they have done. I have seen battles stretch across a decade or more before coming to satisfactory conclusions. Change is not easy, and it is often slow. But they are relentless.

ou can probably visualize how things work at the Freedom Foundation. Staff members dash in and

out of offices, some loaded down with materials. Oth-ers huddle in corners, hashing out new ideas and ways to reach more people. Some log ridiculously long hours at the computer, day after day—or in the media studio, planning, writing, researching, taping, and creating. High- and low-level meetings go on while the rest of the staff is translating all of those ideas into action.

We do this because we are driven to protect our freedom and keep our government accountable. All of it is worthwhile when we get a letter like this:

“My first contact with the Freedom Foundation was several years ago when I attended a First Principles of Freedom seminar that Trent England conducted in Vancouver. It was a good seminar and Trent offered insights. In one discussion, he recommended reading original source material instead of things that had been edited and rewritten by later authors that alter the original work. A tip he gave was Google Books, a wonderful resource for original works which I have used numerous times in genealogy and Civil War history research.

“Trent gave seminar attendees a guidebook called “Reading the Right Books” and gradually I began reading and learning more about the Founders, our Constitution and history. This kind of learning seems to

be a widespread phenomenon across the whole country now, which is very encouraging.

“Later, my wife and I attended other events including one that Lynn Harsh facilitated. It was a lunch meeting and speech by Grover Norquist [President, Americans for Tax Reform]. We attended a very interesting speech by Vaclav Klaus [President, the Czech Republic] in Portland and a “state of the state” breakfast with Bob Williams in Vancouver. The events were always well organized, no doubt due to a lot of hard work and attention to detail behind the scenes by the Freedom Foundation staff.

“It is good to see the Freedom Foundation expanding into new media so a wider and younger audience can be exposed to the ideas. I’ve listened to several of the Radio Free Washington podcasts and find them to be professionally done and informative with top-line guests. The format must be good because Juan Williams [liberal commentator] came across with much more common sense in his arguments than he does most times on FOX News. The interviews with the Freedom Foundation people on radio are effective. There is a lot going on and it’s great!

“We appreciate all that the Freedom Foundation is doing. It is essential to keeping our liberty and renewing the American civilization. And, of course there is the tremendous effort to get our own state back on track.

“Keep up the good work! Your Foundation is making a difference!”

This letter is reprinted by permission of its writer who wishes to remain anonymous and is a brand new member of the Freedom Foundation’s Legacy Society. It is always gratifying to learn that the hard work is paying off with better informed voters, better educated citizens, and energized people from all over the state who are picking up the torch for freedom and who undergird the Freedom Foundation financially so our work will reach the next generation. Thank you!

America was not born in a day. The Revolutionary War lasted for six years, and decades on either side were spent in heavy debate and dissent. The recent trend towards the loss of our freedoms did not happen overnight. Our course will not be fully corrected in one election.

But I wake up every morning with more hope because I know that the Freedom Foundation is fighting for me

and every freedom-loving citizen of our state. I have invested more than 14 years of my adult life in the Free-dom Foundation because I have and will continue to get a good return on my investment.

The Freedom Foundation would not be where it is today without the faithful support of each of its investors. It is because you, like me, see that your investment in the Freedom Foundation is getting you a good return. It is because you have given of your time, energy, and money that they are able to continue fighting for all of us.

Thank you!

Legacy Spotlightby Irene Endicott, Legacy Society Coordinator

SeAting iS liMiteD. please contact laurie at 800-769-6617

or email [email protected]

for more information and

to reserve your place.

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Wby Juliana McMahanGetting a good return on your investments


Supreme Court gave all 50 state legislatures a green light to protect the First Amendment rights of workers when unions spend their money.

EFF’s work for union accountability led to model legislation adopted by the American Legislative Exchange Council, and has been the inspiration for bills and initiatives in other states. For example, an initiative effort is underway in California to put this issue on the ballot. The Davenport ruling has been relied upon by courts to chip away at unbalanced union power. In Ysursa v. Pocatello Education Association (2009), the U.S. Supreme Court upheld as constitutional a law in Idaho which prohibited unions from using government payroll systems to conduct political fundraising. (EFF worked with the Idaho Legislature when it adopted the law and our Constitutional Law Center filed an amicus curiae brief in support of the law when the case went before the Supreme Court.)

Unfortunately for teachers in Washington, our state legislature prefers to discard free speech protections for union-represented employees. After the U.S. Supreme Court heard arguments in Davenport, the WEA

ashington policymakers have been scrambling ever since

President Obama announced his “Race to the Top” education grant competition. The minimum eligibil-ity standards were far too high for Washington state. In an attempt to fix this, the Legislature this year passed SB 6696.

Compared to the backbends other states have done to qualify for Race to the Top, Washington barely touched its toes. It is highly unlikely we will win any grant money, so the real question is, will Washington win any good reforms because of SB 6696?

Below are descriptions of three issues the bill addresses. The first two could produce good reform, but may not have to. The third is clearly not in the best inter-ests of Washington’s schools.

AccOuntAbilityWashington is desperate for increased public school accountability. Currently, more than a quarter of all public high school students fail to graduate on time. SB 6696 seeks to hold schools accountable by intervening in failing schools, demanding reforms, then measuring the school’s success.

SB 6696 creates mandatory accountability procedures for the bottom five percent of persistently low-achieving schools. These schools will have a third-party academic audit and be required to write and implement a “required action plan”—subject to approval from the State Board of Education. Required action plans will be based on one of four federal models: turnaround, restart, closure, or transformation.

The bill includes the power to reopen collective bar-gaining agreements, removing a historic roadblock to reform.

But it makes compromises, too. SB 6696 forbids the creation of charter schools from

the action plan. While the rest of the country is moving toward instituting more flexibility—especially in fail-

ing schools that need radical overhaul—Washington is staying put.

Moreover, it creates a working group that will take three years to consider what to do when a school doesn’t improve after implementing its action plan. Legislators could answer this question today if they had the courage. Instead, a working group will discuss it; in three years they might decide the next step is to create a taskforce.

evAluAtiOnSThe second area of reform is in teacher and principal evaluations. According to a 2009 study by the National Council on Teacher Quality, of the roughly 3,300 teachers in the Seattle Public School District only 16 received unsatisfactory ratings last year.

SB 6696 requires schools to establish a four-level rating system for teachers and principals. It also requires districts to give their criteria to the public.

This has the potential to improve the efficacy of teacher and principal evaluations. Mandatory criteria offer a good starting point for districts.

But again, the bill makes substantial compromises. It leaves out the most important indicator of effective teaching: whether students actually learn.

Additionally, it gives unions veto power. To establish a model evaluation procedure, State Superintendent Randy Dorn must meet with “associations” of teachers, administrators, and parents. A few districts

will be selected to pilot the new programs, pending “the agreement of the local associations representing classroom teachers and principals to collaborate.”

Requiring union approval instantly reduces the likelihood of producing results-based criteria.

Finally, the bill doesn’t change what happens when a teacher fails to improve. Rather

than being dismissed from employment, the unsatisfactory educator is “placed into an alternative assignment for the remainder of the school year.” If that’s not possible, “the district may … place the employee on paid

leave for the balance of the contract term.” So the bad teacher is sent to another

classroom. Or paid not to work.

cOMMOn cOre StAnDArDSCommon Core Standards are decisively bad for Washington—and the country.

SB 6696 directs Superintendent Dorn to revise Washington’s Essential Academic Learning Requirements (EALR’s) and “provisionally” replace them with a set of common standards developed by a “multistate consortium in which Washington participated.”

This is a blatant move toward nationalizing education standards. States are voluntarily giving away their right to establish their own definition of what constitutes a good education—a right historically far beyond the federal government’s reach.

WhAt nOW?Depending on how they implement it, legislators could put teeth into SB 6696 and make it a starting point for the reforms we need—school choice, deregulation, local control, connecting teacher effectiveness to student learn-ing. But as it now stands, the bill is all carrots, no sticks.

That being the case, I’ve unfortunately concluded that SB 6696 will not improve Washington’s public schools. That’s not to say it couldn’t, though—and I dare our policymakers to prove me wrong.

Wby Diana CieslakMaking sense of Washington’s attempt to ‘Race to the Top’

apparently smelled a loss and convinced lawmakers to weaken the law.

So where are we today? The reality is that unions enjoy substantial privileges spelled out in state law. Most teachers in Washington must, as a condition of employment, pay for union representation. And unions can use that money for all sorts of purposes that

individual members may find objectionable. And we think that’s wrong. It’s not an anti-union position. It’s a pro-liberty position. There may very well be a place for unions even in today’s rapidly-changing workforce. But unions should exist because workers want the representation—not because unions are propped up by coercive government policies that force people to use an unwanted service.

That’s the belief that continues to inform EFF’s public policy efforts in the area of union representation.

Many people deserve credit for the Davenport ruling and its subsequent implications. Attorney General Rob McKenna took the state’s case to the U.S. Supreme Court, and argued the case personally. He called the Davenport ruling a “decisive victory for dissenting worker’s

compelled speech and association rights.” The attorneys representing the Davenport teachers were Steven T. O’Ban of Ellis, Li & McKinstry PLLC and Milton Chappell of National Right to Work, with EFF’s support. Dozens of others organizations and individuals provided support and encouragement along the way.

But most of all, credit goes to those brave teachers who were willing to tell the union that

“no means no” and put their names on a lawsuit against the WEA: Gary Davenport, Martha Lofgren, Walt Pierson, Susannah Simpson, and Tracy Wolcot.

The final chapter in this specific effort may be written, but the Evergreen Freedom Foundation will continue to fight for the First Amendment rights of individuals who are oppressed by coercive government policies. Thank you for your support along the way!

ATTORNEy GENERAl ROB MCKENNA

TOOK ThE STATE’S CASE TO ThE U.S.

SUpREME COURT, AND ARGUED ThE

CASE pERSONAlly.

WEA Settles Continued from page 1 . . .

“ Requiring union approval instantly reduces the likelihood of producing results-based criteria”

6 LIVING LIBERTY

by Trent England

State Attorney General sues Feds over healthcare

n September 14, 2010—just three days before Con-stitution Day—attorneys general from at least 19

states, including Washington, will argue that parts of the recently passed federal universal healthcare legislation are unconstitutional and therefore illegal and void.Florida Attorney General Bill McCollum filed the com-

plaint and a federal district court in that state will hear the arguments. The lawsuit may progress rapidly because it only raises questions of law; there is no dispute over the facts.

The lawsuit presents three challenges to the new federal healthcare regime.

First, it places massive financial burdens on state govern-ments without their ability opt out. The legislation essen-

tially allows the federal government to take over of certain parts of state government. This not only exceeds Congress’s power, but violates the Constitution’s requirement that the federal government “guarantee to every State in this Union a Republican Form of Government.”

Second, the legislation claims to impose a special tax on individuals who choose not to buy government-approved health insurance. The original Constitution granted Con-gress very limited power to tax persons—Article I, Section 9, requires that such taxes be levied “in Proportion to the

Census.” The Sixteenth Amendment created the power to “collect taxes on incomes … without regard to any census.”That constitutional change opened a window big enough for

an income tax, but did not remove the general requirement that any other direct tax shall be based only on population. Arti-

cle I, Section 9, explicitly prohibits the special tax (really a fine) used to enforce the insurance mandate.

Third, the states challenge the very idea of man-dating that persons must purchase a product.

Nowhere does the Constitution grant Congress such a power.

The federal government will argue that the power “To regulate Commerce … among

the several States…” allows Congress to control completely any activity no matter how small that could affect the national economy. They will argue, in short, that the Commerce power is an unlimited grant of federal power. No other powers need be listed in the Constitution, since everything from war and peace to post offices and patents relates back in some way to “commerce among the states.”

The argument that the Commerce power identified in Arti-cle I, Section 8, of the Constitution gives Congress unlimited power flies in the face of every “rule of construction”—the principles lawyers and judges use to figure out what legal lan-guage means. It would swallow up the rest of the Constitu-tion, leaving only the small islands of liberty created by the Bill of Rights and other amendments and directly violating the language of the Ninth and Tenth Amendments.

While the case will begin this fall in Florida, both sides are determined to take the case higher, likely to the Supreme Court of the United States.

“ It would swallow up the rest of the Constitution, leaving only the small islands of liberty created by the Bill of Rights and other amendments and directly violating the language of the Ninth and Tenth Amendments.”

the ninth and tenth Amendments to the constitution of the united States

Amendment IX: The enumeration in the Con-

stitution, of certain rights,

shall not be construed to deny

or disparage others retained

by the people.

Amendment X: The powers not delegated to

the United States by Constitu-

tion, nor prohibited by it to the

States are reserved to the States

respectively, or to the people.

ShOreline, MAy 6

vAncOuver, MAy 8

Mt. vernOn, MAy 15

The Rule of Law and Liberty

Sign up At:

W W W . e F F c A n . O r g

cAn upcOMing eFF cOnStitutiOn clASSeS:


’ve taken to labeling the 2010 Legislative Session as the “Year

of Kamikaze.” The name describes not only the Democratic majority’s actions, but also the financial course they have set for our state.

Despite the threat of a Novem-ber election backlash, legislators approved nearly $2.5 billion in new taxes over the next three years. But none of us should be concerned about these taxes, right? If we don’t buy beer, cigarettes, bot-tled water, candy, gum, or soda, or if we don’t work at a place that sells these products, we won’t be affected. And as long as we don’t need a haircut, an accountant, a lawyer, or any kind of consultant, we won’t notice a thing.

Taxpayers are being asked to judge these tax hikes by their intentions rather than their results. Of course, we all know the famous road that is paved with good inten-tions. The tax hikes are intended to fund public schools, financial aid, health care, and disabled and elderly assis-tance. The reality, of course, is that higher taxes enable legislators to continue in their failure to define the role of government and prioritize spending. They may also

continue to fund costly and superfluous departments and activities like the Department of Printing or the Liquor Control Board. Ever heard of Kinko’s? It’s hard to believe we’re paying for full-time, pensioned employ-ees to do things that the private sector already does or could do.

This is lazy governance. Legislators are barreling ahead with no regard as to how their policies will affect current and future generations. For example, when legislators were debating a hospital bed tax in March, Senator Rosa Franklin attempted to persuade her peers to vote for it saying, “Sure, fiscal responsibility, bow waves, whatever. Nobody has any money. The feds don’t have any money. The state doesn’t have any money. So what we are acting now on I would say is of hoping that it will work . . . let us vote for the bill, send it on, hope it works and then hopeful that the economy will come back and that we will be able to really solve some of the economic prob-lems . . .”

The bill passed.This is the pervasive attitude of those

in power. Good intentions aside, the con-sequences of this kind of thinking has been and will continue to be disastrous for citizens.

The bottom line is that legislators had the opportunity to correct years of mistakes—entitlement expansions, overspending, overreaching, pervasive waste—but instead, they raised taxes to help finance higher spending. After all of the hand-wringing, dramatic floor speeches and tears shed for the children, legislators increased total state spending by more than $3.2 billion.

And what of all the dramatic cuts chronicled in your local paper? Those are the cuts made in ONE account—the general fund—which is the state’s main checking

account. But that account makes up less than half of total state spending. So while legislators decreased spending in the state’s main checking account, they increased spending in the remaining accounts dra-matically.

Make no mistake: government didn’t shrink this year, it grew. It grew at our expense, financed by our money. If the legislature continues to chase businesses out of this state, we’re all going to be competing for fewer jobs and opportunities.

And what of those business owners and innovators who provide those jobs and opportunities? They are increas-ingly marginalized, demonized and hauled before vari-ous legislative or congressional committees to explain their ideas and actions like some kind of Soviet-era show trial. Yet these are the same individuals who put their personal wealth and energy on the line to produce something that betters our lives, and who employ tens, hundreds or even thousands of people.

This is why I believe there is no one braver than a capi-talist. They are inventors, entrepreneurs, investors, mas-ters of industry, and innovators. They have the vision it takes to overcome obstacles, take risks, and transform the world around them while improving the lives of hun-

dreds of thousands of people. Capitalists, and the long lines of human achievement they have plaited, give us something to celebrate!

Now more than ever we must teach our friends and neighbors how wealth is created. Because just as quickly as it is created, it can be transferred, stolen or destroyed.

Wealth creation, like balancing a budget, is something few politicians know anything about. In particular, the current crop of people in office have proven they don’t have what it takes to lead this state. They don’t have the vision or the foresight to address our long-term budget

housegeneral Fund State balance Sheet proposed Striking Amendment to SB 6444

Total Revenue: 29.2BTotal Spending: 30.5B

(1.3B)

Net policy level Change: (1.1B)

SenateStriking Amendment (general Fund-State & education legacy) balance Sheet

Total Revenue: 29.7BTotal Spending: 31.0B

(1.3B)

Net policy level Change: (309M)

These are the balance sheets for the 2010

Supplemental Operating Budget, one from the

house and one from the Senate. please note,

the Senate version includes the General Fund

and the Education legacy fund. A call to get

a detailed explanation for why the Education

legacy fund was included in the Senate’s

balance sheet, as well as the differences

between the house and Senate’s net policy

level changes, was not returned.

problems. They spent nearly the entire legislative ses-sion scheming about how to raise taxes without get-ting booted out in November. In the process they killed transparency by waiving public notice rules, passing blank bills, holding last minute hearings, and commit-ting a slew of other offenses against the principles of

open government. They won’t follow their own rules, yet they are entrusted with creating rules for everyone else.

It’s hard for Americans to think that tomorrow may not be better than today. But as government at all levels continues to expand its role in our lives, the fate of individual liberty is increas-ingly in question.

If you remember only one thing from this col-umn, let it be this: America is not inevitable! A free and prosperous society like ours is an anomaly in world history. For more than 300 years people from all over the world have been pouring into America. When people get on a boat or a plane to enter America, they may or may not be educated, and they may or may not know how to read. But something draws them to America. What is it?

Opportunity! The chance at a better life in a free society. Our Founders crafted the frame-work for a free society, but it can be easily dis-

mantled. It is being dismantled. If you value your free-dom, you’re going to have to fight for it. You’re going to have to get involved. Step up or step out, because this is a battle for hearts and minds.

George Orwell once wrote that in a time of univer-sal deceit, telling the truth becomes a revolutionary act. He could not have been more right. Go forth, speak the truth and revolutionize.

Revolutionaries of Truthby Amber Gunn

“ A FREE AND pROSpEROUS SOCiETy liKE OURS iS

AN ANOMAly iN WORlD hiSTORy. FOR MORE ThAN

300 yEARS pEOplE FROM All OVER ThE WORlD

hAVE BEEN pOURiNG iNTO AMERiCA.”

I

8 LIVING LIBERTY

t’s no secret that in the private sector, if it doesn’t sell, it won’t

last. It’s also no secret that in the private sector, union membership has been dwindling for years.

Labor’s waning numbers tell us which direction the unions are heading. Only our outdated labor laws allow unions to transcend the basic laws of competition. They’ve found a niche that’s allowed them to grow in size, scope, and power—without the need to adapt to their customer base. Rather than provide valuable services for employees that don’t undermine employers’ competitive advantages, union leaders have successfully lobbied for protection. They have also moved their principal focus to organizing employees who work for government—and are exempt from market forces.

So far the plan has worked quite successfully. The Bureau of Labor Statistics recently reported that 2009 was the first year in American history that a majority of union members were employed by government. While our economy lost approximately 3.4 million jobs between January 2009-10, the number of federal, state, and local government employees represented by unions has increased by 64,000.

But to what extent are union leaders willing to go to gain more membership? One strategy they’ve adopted is influencing legislation mandating that small private business owners be considered “public employees” incorporated into a collective bargaining unit.

Traditionally, public employees are defined as those who are directly employed by government. Recently, unions have been able to expand the definition of “public employee” to include independent contractors who receive part of their compensation from the government, directly or indirectly. For example, unions representing

healthcare workers, like the Service Employees International Union (SEIU), have been able to gain collective bargaining rights for independent healthcare and day care providers.

These types of collective bargaining agreements have popped up in at least 17 states, with Michigan gaining the most recent attention for the forced unionization of some 40,000 in-home daycare providers—and a high profile lawsuit led by the Mackinac Center challenging the legality of such a mandate.

In Washington, the unionization of “quasi-public” employees is nothing new. In 2001, Washington voters approved Initiative 775, which allowed independent providers of long-term health care services to form a union and bargain for increased wages, hours, and working conditions. These private sector workers are now considered state employees that are forced to pay monthly union dues directly deducted from the subsidies they receive from the state.

In 2006 this type of collective bargaining was expanded to include family child care providers, and in 2007 to include adult family home-care providers.

In the 2010 Legislative Session, two other groups of private employees were targeted for union membership:

in-home daycare center owners and workers, and interpreters who provide language access services to DSHS. While the bill to unionize day care centers (HB 1329) failed to pass the Senate, the bill to unionize interpreters sailed through to the Governor’s desk with little difficulty.

On paper, legislation for these arrangements may seem straightforward, but in real life, their logic borders on the absurd.

In fact, many independent providers feel misrepresented, duped, and invaded. They are, in all respects, private employees and business owners who have been forced to lose a part of their income each month with no promise that they will benefit from the services of the union. Many never had an opportunity to vote on whether they wanted to organize; others have just discovered that as much as $50 per month is deducted from the paycheck they receive from the state for caring for their disabled son or daughter. The money pays for union dues.

In the case of daycare unionization, unions are essentially asking to be lobbying agents in order to raise child care subsidies. Traditional elements of bargaining such as wages, benefits, and healthcare aren’t even allowed. But then again, how could they be? These small businesses are their own employers—so the need for “representation” is a ridiculous notion.

Collective bargaining for independent providers is just the latest example of how far unions have strayed from operating like a business held accountable to its customers. Unions can focus solely on gaining mandatory membership through whatever means they wish—or as much as the legislature will allow.

If union leaders were held to the same standard as any other shop, there’s no doubt they’d consider doing things a little differently.

ast month, the Washington State Legislature passed an

unsustainable budget in the 11th hour of a special session, with taxpay-ers bearing the brunt of more new spending. Is this any way for the state legislature to put together a budget? If only lawmakers had put an equivalent amount of time and energy into making adult decisions that could have resulted in cost-cutting and real savings, instead of reflexively hitting taxpayers up for more money.

In other words, lawmakers spent the bulk of their time squabbling over tax increases and ended up spending more money overall, despite rhetoric from many law-makers about the drastic budget cuts being made.

Although you wouldn’t know it to hear most lawmak-ers tell it, there is no shortage of ways to balance the state budget without raising taxes. For example, why not have state workers pay more of their health insurance premiums? Right now, taxpayers pick up 88 percent of the bill. If state workers had to pay 20 percent of their health insurance premiums—still a good deal by private sector standards—instead of the current 12 percent, the state could save $50 million over six months, which translates into $200 million in savings over the course of a biennium.

How about ending the state’s taxpayer-funded liquor monopoly? The private sector sells and distributes

liquor in the vast majority of states. In Washington, tax-payers are forced to subsidize the liquor monopoly with hundreds of millions of dollars. Instead of continuing to entrench an unnecessary and costly bureaucracy, it makes more sense to let private retailers sell liquor. The state could sell its massive warehouse and equipment, eliminate opera-tion costs of about $120 million a year and still collect liquor taxes.

Likewise, in the era of the Inter-net, e-mail, desktop printers and scores of private printing busi-nesses, why not get rid of the $10 million-a-year state Department of Printing? The state’s print shop, despite being an anachronistic drain on taxpayers, continues to survive. It’s just common sense that the Department of Printing should be closed down and its equipment put up for sale. The state’s printing needs could met by contracting with private businesses, most which can probably provide identical or improved service at a lower price.

In fact, allowing private companies to make competi-tive bids on all routine government services—the “Yel-low Pages test”—is a fine idea that could save money.

Some other budget-balancing ideas include opening up competition to the private sector to bring down rates and decrease liabilities in the workers’ compensation system;

cutting red tape and bureaucracy via charter agencies to get things done cost effectively; and contingency-based recovery audits that allow the state to collect money it’s owed without costing taxpayers a dime.

The bottom line: If legislators won’t act responsibly during a budget crisis,

what hope is there that they will do the right thing—that is, cut government down to

a size that can be supported by the economy—during boom times? Witness the refusal of state leaders to reopen contracts with state workers during the just-con-cluded legislative session, even though the law allows a renegotiating of state employee contracts if a significant revenue shortfall is declared by proclamation of the gov-ernor or by resolution of the Legislature.

Clearly, the state is not hurting for ideas about how to balance the budget without raising taxes. However, we are in desperate need of lawmakers who have the courage to implement these ideas. We, the citizens of Washington state, are the ones that need to hold them accountable.

Lby Brett DavisHard choices: if not now, when?

Iby Rachel CulbertsonLabor’s new market strategy ignores key concept: customer satisfaction

“ The state could sell its massive warehouse and equipment, eliminate

operation costs of about $120 million a year and still collect liquor taxes.”

“ They’ve found a niche that’s allowed them to grow in size, scope, and power—without the need to adapt to their customer base.”


Yes, I wAnt to Invest In the evergreen FreedoM FoundAtIon.

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While we welcome every gift, our greatest need is reliable monthly support. It is imperative for reaching our goals. Please consider monthly giving as a way to invest in the cause of freedom. Our secure e-Giving System ensures that more of your contribution goes directly to our work.

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10 LIVING LIBERTY

o you think ferry riders have a right to know if public em-

ployees piloting state ferries are un-der the influence of drugs or alco-hol? We do.

Do you think the Department of Transportation should use a federal administrative rule to avoid our state public records law? We don’t.

That’s why we’ve filed a lawsuit against the Depart-ment of Transportation over its refusal to release the drug and alcohol testing results of employees in the Washington State Ferries division.

Last year the state ferry Wenatchee made a “hard landing” at Seattle’s Colman Dock after coming in too fast, resulting in hundreds of thousands of dollars in damages and at least one passenger injury. The official investigative report states that alcohol or drugs were not a factor in the incident.

We hope that’s true, but not satisfied with swallowing the company line of “just trust us—everything’s okay,” the Freedom Foundation’s investigative journalist Scott

alling Tea Parties “the spark that sets off the wildfire” of

citizen involvement, the Freedom Foundation’s Lasse Lund, rallied tax day Tea Party crowds in Olym-pia and Seattle.

The rallies were scheduled for April 15 to coincide with the filing of federal income tax returns by millions of Americans.

According to a Washington State Patrol estimate, the Olympia Tea Party held on the steps of the Legislative Building attracted 3,000 by noon with more trickling in. By 1:00 p.m., the number exceeded 4,000.

Seattle’s downtown event later in the afternoon at Westlake Park drew 1,000, according to a Seattle police sergeant.

Both events were peaceful, but there was a counter-protest in Seattle by members of the Socialist Workers Party. Police kept a watchful eye on them.

In Olympia, WSP spokesman Robert Calkins said, “We don’t get many groups that cheer the rules.”

“When (Tea Party) MC read the rules for the event off the permit, the group cheered,” he said.

Speakers at both events stressed positive themes of what they were for, not just what they’re against. In

ithin two minutes of each other early on the morning of April 13, their last allowable day, the

House and Senate adjourned sine die, which is Latin for “you people have way overstayed your welcome!”

For a longer translation, try Oliver Cromwell’s exhortation to Parliament, “You have been sat to long here for any good you have been doing. Depart, I say, and let us have done with you. In the name of God, go!”

St. Clair requested the forms that are completed after such an incident, and later asked for the agency’s inves-tigative report.

DOT responded with numerous records, but redacted information related to the individual results of drug and alcohol testing done as part of the investigation.

The state’s Public Records Act places a strong man-date for openness on public agencies. Public records are to be provided to the public upon request in order to en-sure government accountability. As the Act says, “the people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.”

In a situation where public employees put the lives of citizens at risk and cost taxpayers thousands of dol-

lars in damage, we think the Act contemplates allowing citizens to see information about potential wrongdoing that led to the damage. Government employees do serve at the pleasure of the People, after all.

Agencies can only withhold records from public re-view if the information is exempted by statute. No state or federal statute prevents disclosure of the test results, but DOT justified its redaction by citing an adminis-trative regulation written by the U.S. Department of Transportation.

We believe that agencies should not rely on adminis-trative regulations to justify withholding records. This creates a huge loophole where agencies can simply ex-empt themselves from compliance through a regulatory process (which usually does not involve elected repre-sentatives).

We filed the lawsuit on April 16 in Thurston County Superior Court. The Evergreen Freedom Foundation is asking the court to order the Department of Transporta-tion to provide unredacted copies of the drug and alcohol testing records. We’ll let you know how it turns out.

Olympia, radio talk-show host David Boze said the rallies were an expression of love of country and love of freedom.

In Seattle, the Freedom Foundation’s Amber Gunn used the occasion to thank those whose work drives the economy. “There’s almost no one braver than a capitalist,” she said. “While most of the world condemns you, I thank you.”

The crowed roared its approval.In Olympia, initiative guru Tim Eyman said

that taxpayers had been “royally screwed by this Legislature,” referring to $800 million in tax increases that had been passed by the body earlier in the week.

Wearing a jacket identifying himself as a member of the Communications Workers of America, retired AT&T cable technician Louis Cofoni said that he was mad at the Legislature for selling him down the river, but that he was even madder at Pres. Barack Obama for pushing a health care plan that will mandate him buying health insurance.

“Other union members feel like me. I won’t give up my right of choice,” the 27-year union member said.

Seattle’s event took on an international flavor when a group of tourists from Iceland joined the growing crowd. “I like it,” said Arsaell Hardarson. “The people

are calm, but serious – they have something on their minds.”

As a believer in free markets, Hardarson said that he wished people in Iceland would hold Tea Party-like rallies. “The government doesn’t fix things,” he said. “It needs to set the economy free.”

The Tea Party movement is being watched with interest in other countries because of the impact it can have on American politics. “We need America to be strong and have a strong economy,” Hardarson said.

Seattle’s featured speaker, radio talk-show host Dori Monson, compared the country to a Toyota Prius: “The accelerator is stuck and the brakes don’t work,” he said.

Monson exhorted the crowd to fight back against high taxes and encroaching government. “Stop taking so much crap from the politicians—we are their boss, not the other way around,” he said.

One of the Seattle Tea Party organizers, Keli Carender, who is also known by her blogging moniker Liberty Belle, declared the event off limits to racists. “Bigots aren’t welcome in the Tea Party,” she said.

The Tea Party is about the promise of America, she said. It’s being able to achieve your dreams, not someone else giving you a check, she said.

Last month’s Living Liberty saw the Legislature in special session because of its inability to come up with either a tax package or budget by the March 11 end of the regular session. .

When she called the special session, Gov. Christine Gregoire expected it to run no longer than one week. She was off by a country mile. Easter came and went with little movement.

The two chambers spent the next two weeks circling each other with one trying to get the other to blink. The House had its $800 million package of business and occupation tax hikes, extensions of the sales tax to candy, gum and some services, but no sales tax increase, which it viewed as political poison.

The Senate started out with a three-tenths-of-a-cent sales tax increase as a key part of its package. Incrementally, it backed that down in efforts to get House approval. No dice.

In the meantime, the governor became frustrated. As the witching hour approached, she tossed her own “Go

Dby Jonathan BechtleEFF sues to force disclosure of public employee drug and alcohol test results

Cby Scott St. ClairTax Day Tea Parties draw thousands, stress positive themes

Wby Scott St. ClairWashington State Legislature adjourns sine dead

Legislature Adjourns Continued on next page . . .


n the next few months, many of us are going to channel our energy from the protest rallies into the

campaign trail. WE THE PEOPLE are awake to the fact that elected officials govern “by the consent of the gov-erned,” and many no longer have our consent! We are excited and ready to walk our precincts.

But before you get in your car to go stuff envelopes in a converted basement office or gallantly show up to wave a campaign sign at 6:00 a.m., heed the voice of experience. Lurkers await. They will suck the life blood out of the most dynamic, energetic campaign. Be wary and protect yourselves from… the vampire volunteer!

Don’t scoff. Vampire volunteers are involved in every campaign, in every city. I’ve worked side by side with them, and if you are not careful, you can become one. It almost happened to me. Beware of the following signs.

Here’s my definition of a good campaign volunteer (not that anyone would confuse this with Webster’s definition): “a regular person, beat up by the stress of life, maybe barely hanging on, who still has a spark of energy

diary

Beware the vampire volunteer

of a Freedom Loving Mom…B y J U D y p A R K i N S

I

and makes a little bit of time to defend the principles of freedom and protect the American way of life.”

Discipline and energy will be required to properly engage our philosophical opponents in the coming election.The opposition will do a good job of beating up our candidates and their staff this season—let’s not make their job easier.

So, to all the vampire volunteers out there, you may want to reconsider who you work for this campaign

vampire volunteers: kill candidates good volunteers: energize candidates

Calls campaign office. Leaves one voice mail stating they would like to volunteer right after lunch. Waits ten minutes for a return call. When no one calls right back, decides they are not wanted.

Calls campaign office. Leaves voice mail stating they would like to volunteer.Knows the office is staffed with volunteers who have jobs. Calls back several times. Remains flexible.

Easily offended by manager or other volunteer staff who make mistakes.

Gives grace and is patient. Acknowledges the steep learning curve for new volunteers. Knows most will get the hang of it.

Offended by chaos and last minute details of events.

Looks for ways to help overworked staff do their job. Willing to help with task most needed at that moment. Wants to be a part of the solution.

Complains loudly to anyone who will listen that, after giving money and time, the candidate forgot his or her name.

Knows that the constant barrage of requests, lack of sleep, lack of family time can make a person forget his or her own name.

Suggests the perfect idea for the candidate to raise money. When campaign staff do not follow through on this idea, vampire volunteer doubts the candidate’s sincerity or ability to win. Withdraws support.

Suggests ideas for fundraising. Organizes friends and co-workers to make it happen.

Home” plan on the table. It hovered around $800 million in tax increases without a sales tax component.

It did have a controversial 50-cent-per-gallon tax increase on mass-market beer. The price of a can of Bud or Miller Lite would go up in order to raise $58 million. Craft and micro-brew products would be exempt from the increase.

Another last-minute insertion was a 2-cents-per-12-ounce increase in soda pop taxes, which immediately got the attention of the beverage industry. On the last Saturday of the special session, over 250 beverage industry workers jammed the Legislative Building to oppose the move to no avail—the beverage taxes wouldn’t have been proposed without them already being vetted favorably by legislative leaders.

The House passed the tax package that Saturday, and the Senate followed suit two days later.

The mainstream media called the “Go Home” plan a done deal early on. But the Senate didn’t buy off on it until the last minute. Democratic sources in and close to Senate leadership refused to endorse it until they had 25 votes for it, which is the number of votes it received upon passage. The Senate has 49 members, so 25 is the smallest possible majority.

Senate Democratic Caucus Chair, Sen. Ed Murray of Seattle, said that the wrangling proved that Democrats found it difficult to raise taxes. The reality is that most Democrats were eager to raise taxes—the difficulty was determining which taxes to raise and by how much. Claims to the contrary were specious and disingenuous.

Another last-minute proposal that received legislative approval was “Hans Bonds,” a measure sponsored by Rep. Hans Dunshee, D-Snohomish, to sell bonds to finance the retrofitting of public facilities to make them energy efficient. The debate and near party-line final

vote over the measure epitomized the ideological divide in the Legislature.

Most Democrats saw it as a jobs measure. Most Republicans saw it as trying to spend the state out of a recession by upping debt much like spending your way out of financial trouble by upping your VISA limit and charging more.

The public will have the final say on “Hans Bonds” this November.

A failure of political leadership caused the length and mess of the special session. The House and Senate couldn’t come to terms, while the Governor sat back and let them squabble like kids in a sandbox. She didn’t intervene until the “Go Home” package. By then, the public was furious and editorial pages across the state were taking more and tougher shots at her and legislative Democrats.

November may be unpleasant for them.

season. Good candidates and their staffs will be characterized by grace, patience, humility and the ability to laugh—all the things that make you very uncomfortable. I hear they’re going to start filming the third Twilight sequel in Forks soon. They may be looking for extras.

Only vAMpire vOlunteerS thAt lOOk like thiS, cAn hAng ArOunD the cAMpAign OFFice With Me. All OtherS—OFF tO FOrkS!’ hA!

Legislature Adjourns Continued from page 10 . . .

12 LIVING LIBERTY

n 1977 Edwina Johnston purchased a beautiful 35-acre wooded parcel in Issaquah. She said, “I fell

in love with this parcel and bought it for an investment. I planned that it would provide for my retirement.”

Edwina is a good steward of her money. Like my par-ents and grandparents, Edwina has conservative invest-ment principles ingrained deep within her. She decided

to invest in real estate—the great American dream.Edwina faithfully made mortgage and tax pay-ments. She stood by idly ,however, as the hand of government grabbed hold of her investment and quietly changed the rules.

“I used to pay little attention to what the gov-ernment was doing. The last thing I thought

was that the government would interfere with my investment. I’ve learned a hard lesson,” said

Edwina.Somewhere along the path, government officials

changed ideological tracks. They decided that protecting the environment meant private property

rights were up for grabs.

effwa.orgOur website

libertylive.org Our blog

ReportCardWa.com Scores for each Washington school

TaxSleuth.comFind out about local and state taxes

WaSupremeCourtBlog.comRead about the latest decisions

105Days.com105 ways to cut the state budget

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When Edwina challenged a King County Coun-cilmember she was told, “You should have known the risk (of investing in land).”

It was a slap in the face to Edwina. She said, “That is when I first experienced government’s disregard for property owners. It’s when I real-ized that I had to stand up and fight for my prop-erty.”

“I’m not sure what I’m going to do for my retirement,” Edwina said. “There is too much uncertainty and financial risk to develop my property. It doesn’t look like I’ll be able to sell it. I’m 76-years-old and have to get up at 5:30 a.m. to get to work. This wasn’t my plan.”

When she purchased the land back in 1977, she dreamed of subdividing the land into 30 or more lots. Because of fee increases, requirements, and regulations, it is economically unfeasible to do any further subdivision.

Edwina’s story should be a cautionary tale to all of us. She ignored what, at the time, seemed to be insignificant regulations. Those small, incremental steps eventually entangled her in a web of regulations that ruined her investment.

If Edwina were able to go back in time, she would have actively protected her investment by pushing back on government’s regulatory attempts. Unfortunately, she is currently fighting a battle that she has most likely already lost.

Meet Edwina JohnstonHer Life’s Investment was Ruined by Government Regulationby Scott Roberts

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2010.5 living liberty

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