By Cindy Alia January 16, 2020
Today, the Seattle/King county Board of Health has a meeting scheduled in Seattle to adress its most recent agenda. This is a health board which impacts (represents) Seattle but also jointly represents unincorporated King County. This health board consistently embarks on agendas which lead to rule making on the county and city levels that implement WACs (state rules) developed based on RCWs (state legislation), but take these legislative mandates to a new level with local rules (city and county local laws) often to the disadvantage and damage to the rights and properties of those supposed to be served. This board is composed of those people in charge of agendas that caused over-reaching interpretations of Septic Systems Regulation outraging over 1500 local system owners at county meetings leading to a backing down of county rule making and inspiring two organizations, COOMWA and CAPR to take the fight and problem back to the legislature for correction, which happened with SB 5503, directing state and local rule-making to consider the rights and cost efficient alternatives to septic sytem regulation. This battle is still in progress, but I digress except to illustrate the habitual disregard for ALL citizens when this board convenes.
Today's agenda reflects a separate but also egregious over-reach of local authority and causes one to wonder- Is the Seattle/King County Board of Health a board created to serve the public health, or has it become simply self-serving? The King County Board of Health has determined to not serve you, but to take action demonstrating their positions have become nothing more than those of an elite and out of touch cabal. All that is needed to back that statement is to read the latest agenda https://aqua.kingcounty.gov/Council/agendas/Board_of_Health/20200116-BOH-packet.pdf
In particular, resolution #20-01.1 finds the Board of Health appealing to the State Legislature to decline its responsibility to create law that comports with the Constitution's enumerated protected rights, and asks the legislature to abandon state preemption in the creation of legislation as related to 2nd Amendment federal constitutionally protected rights. Preemption as a doctrine holds that the legislation of a superior government (such as a state government) supersedes that of an inferior government (such as a municipal government) in conflicts of law. Our state Constitution Declaration of Rights describes in Article 2 "SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land." Thus the Seattle/King County Board of Health is asking the State Legislature to not only disregard the preemption of state law, but federal law as well, something that constitutionally cannot be done.
One can also recognize how the Board of Health Resolution would be unconstitutional in relation to the State Constitution because no law can be created that would impair the right to bear arms. The preemption of the federal and state government disallows cities and counties to create law that would impair the right to bear arms. Logic can infer this directive to the state legislature, if passed would create an unworkable patchwork of regulatory restrictions on your second amendment rights that would vary from city to city and county to county, making it impossible to comply with regulations and making your utilization of your rights criminal activity dependent upon what county or city you are located in at any given time. This impossible set of circumstances if created in law would impair your right to bear arms. Constitutionally it cannot be done.
In the Washington State Constitution Article 1, Section 24 states the right to bear arms shall not be impaired. "SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men."
Constitution, law, common sense aside, the Board of Health is not serving you, but itself with the resolution as written and proposed, The Board of Health calls on the Washington State Legislature to eliminate state preemption and restore the authority of local and municipal governments to enact laws related to guns and firearms that build upon state law, prevent harm and injury promote the ability of all residents to thrive: …
Certainly the board, or at least their attorney(s) should know imposing its political preferences on the rights and property of citizens in a manner rejecting or ignoring the constitutions will result in nullification of law, and also in a significant level of pushback from citizens as it has in the past. Citizens will rise to their duty and right to address the legislature for corrective legislation when this board over-reaches it authority by replacing the will of the people with their own will.
It is time to embark upon the mission of splitting this joint Board into two separate boards, one serving Seattle, and one serving unincorporated King County, which will restore some level of direct representation, a theory upon which this nation is built. Seattle and King County residents have differing needs and face different challenges. In an age where diversity is king, it is interesting this instance of diversity of needs, culture, and challenges is consistently ignored.