CLARIFICATION UPDATE 4/24/20
NBC Right Now spoke with Franklin County Commissioner Clint Didier and he tells us the lawsuit is something he, as a citizen is preparing against Governor Inslee. To be clear, the lawsuit is not from the county, nor the other commissioners.
FRANKLIN COUNTY, WA - While the majority of Washingtonians are embracing Stay at Home orders- Franklin County Commissioners voted this morning to defy Governor Inslee and reopen the county for business.
"Franklin County- we support the re-opening for all builders and small businesses that want to work- they key words are.. that want to work," Didier told us during a phone a call this morning.
The Commissioners are calling the statewide regulations unconstitutional and say they will file a lawsuit against governor Inslee, citing a state law that puts a 30 day limit on Inslee’s executive order.
"We have a constitutional attorney right now and we are formulating a suit against the governor. Commissioner Peck brought up the fact that beyond 30 days- the governor doesn't have the ability to extend this emergency proclamation without the legislature's approval," Didier said.
However, NBC Right Now has obtained the signed letter addressed to Inslee from the legislature, dated on April 15th and it legally approves all state extended executive orders, and thus goes against Didiers' claims.
Erwin Chemerinsky, Dean and Professor of Law at U.C Berkeley, and author of the article Stay at home orders to fight coronavirus are protected by the U.S. Constitution says, "The government has the power to order quarantine, shelter in place, stay at home to stop the spread of communicable diseases, and a court is highly unlikely to find such orders to be unconstitutional."
After obtaining the letter, we reached out to Commissioner Didier and we are waiting to hear back.