Court strikes down tax-cutting I-722

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OLYMPIA - A Thurston County Superior Court judge struck down tax-cutting Initiative 722 today, saying it violates the state constitution.

Judge Christine Pomeroy said the initiative, sponsored by anti-tax crusader Tim Eyman and approved by voters in November, agreed with cities and counties challenging I-722 that it addressed two things: rolling back taxes and implementing a new tax system.

Voter-approved initiatives are only supposed to address one issue.

Pomeroy also said I-722 violates the ban on gifts of public funds and violates the full-disclosure law because the initiative did not explain its full effects.

Pomeroy said the case should go to the state Supreme Court.

Attorneys for the state and the initiative argued that the initiative has one subject - limiting taxes - and voters knew what they were doing when they approved it.

Initiative 722 required a refund of taxes and fees imposed in the last half of 1999. It limited property tax growth to 2 percent a year or the rate of inflation, whichever is lower.

A number of cities and counties had asked the court to delay the initiative from taking effect.

Tom Ahearn, a lawyer representing the cities and counties suing to block I-722, said reasons behind the decision to strike down the measure were similar to those behind last year's decision to strike down Initiative 695, another Eyman initiative.

Ahearn said it's the court's job to sometimes make unpopular decisions.

"The sadder parts of our history are when courts have failed to do that," he said.

I-722 passed last year with 56 percent of the vote.

Tim Eyman said today's ruling will "throw gasoline on the fire of enthusiasm" for his new Initiative 747, which limits property tax increases to 1 percent without the express approval of voters.

He said he thinks there's a double standard when it's easy for the Legislature to raise taxes but his tax initiatives keep getting slapped down by the courts.

"But hey, life's not fair," he said. "Welcome to the world of politics."