mask protest

A sign that reads “No Jab” is held by a person taking part in a demonstration at the state Capitol in August opposing mask and COVID-19 vaccine mandates. Dozens of Washington State Patrol troopers, firefighters and other government employees have sued Gov. Jay Inslee over the vaccine mandate affecting state workers, health-care workers and school employees. {/span}

Dozens of Washington State Patrol troopers, firefighters and other state and local government employees — including 12 in Walla Walla County — have sued Gov. Jay Inslee, contending that his COVID-19 vaccine mandate oversteps his legal authority and violates their constitutional rights.

The lawsuit, filed Friday in Walla Walla County Superior Court, lists more than 90 individual plaintiffs. They include 53 State Patrol employees, a dozen Department of Corrections workers, plus firefighters and state ferry system workers. Twelve of the named plaintiffs listed are identified in the lawsuit as Department of Corrections employees in Walla Walla County.

Reacting to a spike in coronavirus infections and hospitalizations driven by unvaccinated persons, Inslee last month ordered all state employees and contractors, K-12 education staffers and health-care workers to get fully vaccinated for COVID-19 by Oct. 18 or lose their jobs.

Employees are allowed to seek medical or religious exemptions, but patrol employees and others have been told they could still face firing or reassignment even if their exemption applications are approved.

The lawsuit cites emails showing Inslee’s office crafted the religious exemption to be “as narrow as possible” and contends his order will result “in certain political and religious classes being purged from civil service,” according to the 25-page complaint filed by Seattle attorney Nathan Arnold.

It also argues that Inslee’s open-ended emergency declaration, first issued on Feb. 29, 2020, is an unreasonable use of powers intended to be temporary. “By axiom, an event lasting over twenty months is not emergent,” the lawsuit states.

Inslee’s mandate is stricter than those announced by many other states and the federal government, which allow for weekly COVID-19 testing for workers who refuse vaccines.

Inslee’s office has defended his order, which has been supported by public-health officials, who stress the COVID-19 vaccines are key to ending the pandemic that has killed more than 650,000 people in the United States, and 6,918 in Washington.

“These requirements are in full compliance with the law. We look forward to responding in court,” said Mike Faulk, an Inslee spokesperson, in an email.

The three vaccines authorized in the United States have been tested and found to be safe and effective. Since February, more than 90% of hospitalizations and deaths in the state came in people who had not been fully vaccinated, state health officials have said.

As of Wednesday, 64.7% of state residents 12 and older are fully vaccinated and 71.4% of residents in that age category have gotten at least one shot, according to state health officials.

While not yet releasing any figures on the percentage of state workers who are vaccinated or are seeking exemptions, the governor’s office has denied that a large swath of public employees will risk their jobs to avoid safe and potentially life-saving vaccines.

Still, some law-enforcement unions have predicted further staffing crises if the mandate is enforced. And some state government employees have publicly pledged to retire or quit rather than get vaccinated, arguing that their personal beliefs trump the state’s requirement.

The lead plaintiffs in the new lawsuit are Seattle firefighter William Cleary, who lists his Catholic faith in the complaint, and his wife, Sherra Rea Cleary, a health-care worker who has previously declined to receive flu shots.

“Ms. Cleary is also pregnant but will not be given an exemption from the Governor’s Mandate even for two months remaining in her pregnancy,” the lawsuit states.

The Centers for Disease Control and Prevention has recommended COVID-19 vaccination for all people 12 and older, including pregnant women, pointing to data showing no increased risk of miscarriage because of the vaccines.

The state recently reached an agreement with its largest union, the Washington Federation of State Employees, over the vaccine mandate’s implementation.

The agreement, ratified by the union membership over the weekend, gives some wiggle room on the governor’s Oct. 18 vaccination deadline for workers seeking religious or medical exemptions.

For example, workers whose requests are denied can use up to 45 days of paid or unpaid leave to get fully vaccinated. That 45-day window also applies to workers whose exemptions are approved but where accommodations cannot be found to work in a role where they interact with fewer people.

Faulk said the state also has reached tentative agreements with a coalition of unions representing state ferry employees, a union representing employees of the Washington Department of Fish and Wildlife, and with SEIU 1199, which represents nurses and other health-care workers.

News researcher Miyoko Wolf contributed to this report, which includes material from The Seattle Times archives.

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