[EDITOR’S NOTE: The following is a Letter to the Editor, written and submitted by a verified Burien resident. It represents the opinion of the author, and does not necessarily reflect the views of South King Media or its staff.]
The city has sued the minimum wage initiative advocates and wants to nullify your vote.
On page 30 of the Spring “Burien Magazine” is an article labeled ‘Update on Burien’s Minimum Wage’. It claims the city filed a lawsuit to have a court determine whether the initiative is the law.
The actual words of the lawsuit seek to nullify the successful vote, claiming the initiative was misleading, unlawful, and unconstitutional. In its lawsuit, the city further argues that the initiative illegally usurps the city’s power by requiring the city to adopt rules and procedures for compliance. In other words, the city objects to the people having a say over how the minimum wage will be implemented.
The city’s request to the court is to find the initiative unconstitutional and unenforceable, thereby nullifying the vote of more than 57 percent of voters. Your vote.
In response, advocates have hit the city with a powerful countersuit. Among many things, the lawsuit accuses Burien of violating the First and Fourteenth Amendments by depriving people of the substantive right to vote and of violating the state constitution, which designates the right to petition the government through initiative as a fundamental right under the US Constitution.
“In addition” the countersuit says, “Burien has failed to pay the legal minimum wage required by the Initiative and is currently advertising positions for less than the minimum wage adopted by the Initiative.”
Further, the countersuit accuses the city of again violating the Open Public Meetings Act by authorizing the city’s suit in the course of a closed executive session. State law requires all actions to be taken in an open, announced meeting.
The undersigned members of the Initiative 1 PRO Committee, all residents and voters of Burien, proudly stand by the initiative as the current law in Burien.
– Stephen Lamphear
Shorewood
– Kelsey Vanhee
Boulevaerd Park
– Jennifer Fichamba
5 Corners
EDITOR’S NOTE: Do you have an opinion you’d like to share with our highly engaged local Readers? If so, please email your Letter to the Editor to scott@southkingmedia.com and, pending review and verification that you’re a real human being, we may publish it. Letter writers must use their full name, as well as provide an address and phone number (NOT for publication but for verification purposes). Read our Letter to the Editor policy here.
Stephen, Kelsey and Jennifer. What IS the minimum wage specified by the initiative?
If the activists who proposed this outside funded ordinance knew how to write one that was legally standing, there wouldn’t be this issue. Rather typical of having grandiose ideas but not doing the research needed and having to eat some needed proverbial crow.
100% – And now, we’re stuck watching yet another episode of activists with loud opinions do zero homework and attempt at playing policymaker. It’s the usual story—big talk, no substance, protesting, and now choking on their own incompetence.
Louis gets it!
Thank for representing and staying strong for the 57% of us.
The countersuit lacks a petition for a writ of mandamus, which would force the city to obey the law.
Which law? There are two.
Stephen, the problem is, it’s impossible to follow the initiative as law, for many reasons the largest of which is that it doesn’t set a minimum wage because it references Tukwila’s municipal code which references SeaTac’s which literally doesn’t set a wage. So how could any business follow it, and how could the city enforce it?
OMG do you all work, I mean have a real job you know the kind you have to go to everyday or do you all just sit around and think up things to “sue” and “counter sue” the City of Burien for? If no (no job) why don’t you go outside get some fresh air and get over your butt-hurt of thinking the Burien council has done you wrong some how…let it go you’ll feel so much better.
Or stay pitiful and keep listening to that BJ Thomas song…(Hey Won’t You Play) Another Somebody Done Somebody Wrong Song”
I feel compelled to help provide more education – rather than attempting to elicit reactionary feelings and misconstrued words.
There are two laws on the books as of today. The city cannot give guidance to any business owner or employee due to this issue. Providing such guidance would indicate giving legal advice. Therefore – the city has one option – sue for injunction and have one rule invalidated.
So essentially a group of folks got together – didn’t like what Burien City Council drafted into law for minimum wage – drafted their own ripped off of SeaTac, Tukwila, and neighboring areas. They pitched it as a wage increase (I think it was…. $00.06 different).
This then hobbled the city from providing all guidance to all businesses.
This wasn’t a win – this was a disgrace by an external group – and now trying to save face by vilifying current council members and government employees.
We still have the highest minimum wage in the country. With either one of these in place.
TL:DR
In summary, the Burien City Council adopted a minimum wage ordinance effective January 1, 2025, which defines different minimum wage rates for different employer sizes, and there is a legal challenge underway regarding potential conflicts with a state-wide initiative.
The title of this op-ed piece is incredibly misleading and a direct attempt to vilify the City of Burien.
The latest vote was an exercise in redundancy – as the wage was already the highest in the state and the country.
To Dave, the voted initiative replaced the city law. There is no ambiguity here. There are no two laws existing.
Also, the initiative we voted on wasn’t just for a wage increase, it was also to protect workers from wage theft. Something that people seem to not want to understand. The initiative also returns the definition of “wage” to rational.
In other words, not at all “an act of redundancy.” However, I can see how someone that does not understand this issue would say that.
Replacing the existing minimum wage ordinance might have been the intention. I can understand assuming that. But the initiative in fact doesn’t do that. Nowhere does it mention that. If I’m wrong, please point out where the initiative does the replacing.
That is up to the City Of Burien to implement, based on the intent of the initiative.
Section 12. Rulemaking.
Within 150 days after the effective date, the City must adopt rules and procedures to implement and ensure compliance with this chapter, which shall require employers to maintain adequate records and to annually certify compliance with this chapter. The City must seek feedback from worker organizations and employers before finalizing the rules and procedures.
Nah, it’s not based on the intent, it’s based on what the initiative says. And the initiative doesn’t have a wage in it. That’s a large part of this the City’s court case is about. The initiative also does not rescind the current Burien minimum wage ordinance. Which is also what the lawsuit is about (if it does show us where). The initiative also violates the Washington State Constitution (see Jewels Helping Hands vs Hansen).
Ever notice that most of the bombastic replies are anonymous? Honest, thoughtful people are proud to use their full names.
We voted for this — so what’s the issue? Denying people their constitutional right to vote on matters like this is embarrassing.
What is wrong with our City?
Think. Engage. Vote.
Believe me there is a large percentage of Burien residents who are fully aware of you and your group of protesting activists.
People are tired of this cr*p and are done with it. There has been years of negative history from your small activist group, vindictive protesting, and damage to the city of Burien. Anything to do with your group will hopefully be ousted asap.
In regards to this iniative attempt:
Refer to David’s message above for a kinder understanding.
Eric Merrill
– Burien Resident, Gregory Heights
JJ – which constitution gives people the right to file and run a dishonest initiative that doesn’t even prescribe what proponents claim it does (raise wages), lie about it, and have it overturn policies of the elected city council? Because according to the Washington State Supreme Court it doesn’t look like the Washington State Constitution does. Google Jewels Helping Hands vs Hansen. Aside from being unconstitutional on many levels, the initiative has many other issues that could make it be overturned by the courts. It definitely makes it unenforceable on its face. The City’s lawsuit isn’t an attack on democracy as you suggest, is an attempt to preserve it.