The sponsors of Burien’s voter-approved minimum wage measure, which was approved by over 57%, have filed a countersuit against the city, accusing officials of obstructing the initiative, violating open meetings laws, and infringing on constitutional rights, according to court documents filed April 10.
In the February 2024 special election, Burien voters approved Initiative Measure No. 1 with 57.18% voting in favor (4,988 votes) and 42.82% opposed (3,736 votes). A total of 8,733 ballots were counted out of 30,146 registered voters, marking a turnout of approximately 29%.
Transit Riders Union and lead sponsor Katie Wilson responded to the city’s lawsuit — which questions the legality of Initiative 1 — by asserting that Burien has actively worked to undermine the law passed by voters.
“Burien has used its power to undermine the Initiative,” the countersuit alleges, adding that the city failed to implement key provisions of the law and is “currently advertising positions for less than the minimum wage adopted by the Initiative.”
The lawsuit further claims the city held closed-door executive sessions on Feb. 10 and 24 to authorize its legal challenge, violating the Open Public Meetings Act.
“Burien’s decision to commence this lawsuit was made in closed session,” the complaint states, arguing that the action should be considered “null and void” .
Among five causes of action, the countersuit argues Burien’s actions violate the First and Fourteenth Amendments of the U.S. Constitution, Washington’s constitutional guarantee of free and equal elections, and state laws that govern initiatives and public meetings.
Transit Riders Union is seeking a declaration that the city’s competing minimum wage ordinance is invalid and wants Burien to fully implement the voter-approved initiative, including enforcement and codification requirements.
The case continues in King County Superior Court.
The countersuit lacks a petition for a writ of mandamus, which would force the city to obey the law.