Judge rules in favor of City of Burien in OPMA lawsuit over April 25 press conference

A King County Superior Court judge ruled in favor of the City of Burien on Friday, Dec. 6, 2024, dismissing a lawsuit alleging that the city and its city council violated Washington’s Open Public Meetings Act (OPMA) during a press conference held on April 25, 2024.

As we previously reported, plaintiff Arthur West claimed the gathering constituted a quorum of city councilmembers without proper public notice, in violation of transparency laws.

On Friday, Judge Hillary Madson granted the city’s motion for summary judgment, determining that there were no genuine issues of material fact and that the city was entitled to judgment as a matter of law.

The ruling dismisses the case with prejudice, which means the plaintiff cannot refile the same claim in the trial court. However, the plaintiff retains the right to appeal the decision to a higher court, such as the Washington Court of Appeals.

“In this particular motion, the court does find, Mr. West, that you have failed to meet your burden, which means that the court is required to grant the defendant’s motion for summary judgment in this case,” Judge Madson said during her decision.

The Allegations

West alleged that the April 25, 2024 press conference, held in council chambers at Burien City Hall and attended by four councilmembers (Mayor Kevin Schilling, Deputy Mayor Stephanie Mora, Linda Akey and Alex Andrade), involved discussions of city business related to homelessness ordinances and a legal dispute with King County. The plaintiff argued that the presence of a quorum of the council, combined with public testimony and discussion, met the definition of an official meeting under OPMA guidelines.

The Defense

Burien’s legal counsel, Jessica Skelton, argued that the gathering was a “press conference” and not an official meeting. She stated that councilmembers passively received information and did not deliberate or transact city business. Skelton emphasized that no action was taken during the event, and two councilmembers did not actively participate in the discussions.

Judge’s Findings

The court reviewed declarations, video evidence and legal precedents, including Citizens Alliance v. Spokane and Wood v. Battle Ground School District, which defined the requirements for a meeting under OPMA. Judge Madson concluded that:

• No collective intent to transact city business was established.
• The gathering involved only the passive receipt of information, which does not constitute a meeting under OPMA.
• The plaintiff failed to provide sufficient evidence to create a material dispute regarding whether city business was conducted.
• The court also denied West’s Motion to Strike as it did not find an intentional effort to mislead the court.

Next Steps

The court invited the City of Burien’s counsel to submit a proposed order for signature.

West objected to the court’s rulings for the record and indicated an intent to appeal. He has ten days to request reconsideration.

Documents:

• Download West’s Request to Strike here (PDF file)
• Download City of Burien’s Reply (PDF file)
• Download Arthur West’s original lawsuit here (PDF file)
• Download the Motion to Intervene here (PDF file)