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The ruling was issued as an unpublished opinion, meaning the decision resolves the dispute in the Burien case but generally does not serve as binding legal precedent for future Washington court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.
Doesn’t that West guy live in Olympia in a house bought with lawsuit money from suing Olympia? Typical griffter, just another case of self worship.
He’s an advocate for government transparency.
This city spends so much time fighting with one another, overturning previous council orders that were well thought out to benefit all that in my opinion is a very ineffective governing body. Burien would do well to analyze why it’s not working and figure out what type of governance Burien needs to continue to be a thriving healthy community for all parties.
Next step will be a suit against the city and council members for authorizing the minimum wage lawsuit during a closed executive meeting. The council cannot take final action during an executive meeting but they broke the Open Public Meetings Act law again.
Looks like another perfect example of using your time and resources to just be vengeful, because there’s nothing that says me, me, me other than hand delivering paperwork to the Dias without permission and against rules and decorum. Remember that clown act, talk about amateur hour.
Yes, great idea. More lawsuits is just what we need. That was supposed to be sarcastic. How about spending money to help the residents; especially in Town Square. We need better sidewalks. If you admire the Hatfields and McCoys, move somewhere else. This infighting is exhausting. Also, why are people who work for King County or the state ifWashington allowed to be
on the city council or anywhere in city government? In most well run places that is considered to be a conflict of interest. We will demand an accounting after the council searches the globe for someone willing to be our next city manager.
Is the object to destroy the city and never govern correctly for the PEOPLE OF BURIEN. A vote can end the CHAOS ENDORSING progressive city council members, along with their endorsing grifters chanting on the sidelines… they protect Seattle/King County, not Burien residents
Common sense goes right out the window and vengeful emotion from their past traumas takes precedent in all their “triumphant battles”…
Public office is supposed to serve taxpayers and residents, not political egos or activist applause.
Burien deserves leaders grounded in common sense, public safety, fiscal responsibility, and honest governance. Current city council members and their endorsers continue enabling disorder, secrecy, and constant conflict, voters will absolutely replace them with people willing to put the city first instead of ideological agendas and political theater. Vote the clowns out!
Burien > King County/Seattle
Burien > King County/Seattle
Burien > King County/Seattle