Submitted by Sen. Steve O’Ban’s Office
In a letter sent Wednesday to Attorney General Bob Ferguson, Sen. Steve O’Ban asked for an explanation as to how Ferguson chooses which state laws he will defend with the resources of his office.
The request comes as a result of Ferguson’s refusal to act in a case before the Washington State Supreme Court – Black v. Central Puget Sound Transit Authority. The case alleges that the law giving Sound Transit the authority to raise car-tab fees in order to generate the funds for the controversial ST3 project was written unconstitutionally.
In the letter, O’Ban, R-Pierce County, states:
“Your office has taken a firm position in support of the state law authorizing the inflated Sound Transit car-tab tax. I find your strong support of the Sound Transit law incongruous with your refusal to make any effort to defend the state and constitutional legal protections against an income tax.”
O’Ban also points out in the letter that he has counted three separate submittals that Ferguson’s office filed in support of the ST3 car-tab tax and Sound Transit, and that Ferguson’s office was prepared to argue in support of the car-tab tax if the Court had granted Sound Transit’s motion for additional oral argument time.
“I can only conclude that when it comes to deciding which constitutional challenges to Washington tax laws you choose to use the power and resources of your office, you defend laws which increase the tax burden on Washington taxpayers, and refuse to defend laws which would protect taxpayers from new taxes, however burdensome and unpopular those taxes may be,” wrote O’Ban.