By Arthur West, John Novak
(Olympia, WA) After finding 17 violations of the Open Public Meetings Act (OPMA) on Oct. 31st, the Thurston County Superior Court went after the Washington State Liquor Control Board (WSLCB) twice this week, first on Tuesday denying their motion to dismiss the OPMA knowledge claims for civil penalties, based upon the newly disclosed records that I reviewed and filed on the 10th.
The Court also started talking about individual “Mens Rea” of the LCB Board members, a legal term used exclusively in criminal prosecutions that literally means, “guilty mind”.
It appears the court has become distressed at all of the lying and wants to fry someone now.
Having the judge seek to establish “mens rea” is never a good thing and does not happen in a normal civil case.
On Friday, there was an opinion announced in a 20 minute long statement by the court. The Court ruled that the LCB withheld records from the I-502 Rulemaking File and that they should all be disclosed.
This is bad for the rules because it undermines the legitimacy of the rules, and bad for the LCB because they altered the file to attempt to remove the disputed records rather than disclose them.
Now, not only have they violated the Puplic Records Act (PRA), they have also altered and concealed official public records in violation of RCW 10.14, which is technically a felony if anyone in law enforcement would ever charge a violation.
Even so it is very embarrassing for them and the poor Assistant Attorney General Bruce Turcott looked like someone had just sodomized his puppy.
With over 500 penalty days and a criminal offense I am just dying to brief on appeal, they simply cannot risk what the Court of Appeals would do, even without the I-502 rule repercussions.
I am anticipating a penalty of 15-40 thousand, plus a real problem for them with the altered rule making file.
How can you review an altered file and a record of a bunch of unrecorded secret meetings?
Related Court Documents
(If you are unable to read or download the files below through Scribd, you will also find them HERE)