The Washington State Court of Appeals has revived a lawsuit alleging the Burien City Council violated the state’s Open Public Meetings Act (OPMA) during a 2024 press conference about the city’s controversial anti camping ordinance, reversing a lower court ruling that dismissed the case.
The ruling was issued as an unpublished opinion, meaning the decision resolves the dispute in the Burien case but generally does not serve as binding legal precedent for future Washington court cases. The court ruled that the King County Superior Court erred when it granted summary judgment in favor of the City of Burien and several councilmembers. The appellate court also vacated a nearly $49,000 attorney fee award that had been imposed against plaintiff Arthur West.
The lawsuit stemmed from an April 25, 2024 press conference convened by then-Burien Mayor Kevin Schilling after the King County Sheriff’s Office declined to enforce Burien’s anti-camping ordinance, Ordinance 832, which the sheriff’s office viewed as unconstitutional.
According to the opinion, Schilling invited media outlets to what was described in an email as a “City of Burien Mayor, Councilmember, and Business Owner Press Conference” to discuss the sheriff’s office refusal to enforce the ordinance and to address “next steps that we see as a community.”
The event included Schilling, three additional councilmembers, business owners and members of the media at Burien City Hall. During the approximately 35-minute gathering, Schilling criticized King County for “usurping” the council’s legislative authority and urged county officials to negotiate with the city. Business owners also spoke about revenue losses and property damage they attributed to encampments in Burien’s downtown core.
West sued the city the following day, alleging that a quorum of councilmembers met and conducted official city business without complying with the notice and agenda requirements of the OPMA.
The appellate court rejected the city’s argument that the event was merely a press conference and therefore exempt from OPMA requirements.
“The statute does not suggest designating the event as a ‘press conference’ precludes application of the OPMA,” Judge Bui wrote for the panel.
The court found the event involved discussions about enforcement of the ordinance and potential future actions by the city, which could constitute “official business” under the law. The opinion also noted that Burien later adopted a revised version of the ordinance.
The ruling emphasized that Washington courts interpret the OPMA broadly in favor of transparency.
“To achieve this goal, the OPMA requires, with few exceptions, ‘[a]ll meetings of the governing body of a public agency shall be open and public,’” the opinion stated.
The court further concluded there was sufficient evidence to support West’s claim that the council engaged in discussion and received public testimony during the gathering.
Because the appeals court reversed the summary judgment dismissal, it also vacated the superior court’s attorney fee award against West, which totaled $48,804.50 after reductions by the trial court.
City “Unable to Comment”
We reached out to the City of Burien for comment, and they told us “the City is unable to comment on active litigation.”
The case will now return to King County Superior Court for further proceedings.
