Editor,
It is in the spirit of continuous improvement that I write to you today.
Certainly there is much injustice in our world, well beyond our control. Yet I believe we must root out injustice when/where we see it in our families and in our community to assure we have equal protection under our laws.
As many may not know, our prosecuting attorney has the legal right to select which laws to prosecute and which not to (Walker v. Munro, supra, 124 Wn.2d at 411). This truly awesome privilege apparently allows the PA, at his sole discretion, to say, “We’ll shut down Smith, but ignore Jones.”
My personal concern with this topic began over five years ago.
Our neighborhood, to this day, continues to be held hostage to an acknowledged illegal activity.
I refer to a 50-plus pen puppy mill built without proper building permits and allowed to operate without permit for well over a year.
Ultimately, the permit application was denied, yet the operation continued unabashed. The county planning director issued a “cease and desist order” in May 2016.
Still unfazed, the operation continued. Nearly two years ago, the county commissioners unanimously referred this case to the PA’s office for enforcement and resolution.
No enforcement action has yet occurred.
Results from a Public Records Act request several months ago underline this concern: Over the last four years, the PA’s office has received nine referrals for cease and desist enforcement.
One was pursued in superior court toward successful resolution.
Eight remain idle.
These are not cases requiring the determination of guilt or innocence. The county has already determined that the activity in question should terminate. Regrettably the message here screams: Be a scofflaw.
No repercussions.
About 89 percent of the time, the county will not shut down clearly unpermitted activity.
As a result, field enforcement officers become reticent to issue citations, law abiding citizens are held captive, and faith in our laws and our government unfortunately erodes.
In all my attempts to gain further information on this matter directly from the PA and county officials, the response has been uncannily consistent: “I am not at liberty to discuss this matter with you. Good bye.” It is this lack of transparency that is most concerning. What criteria are being used to selectively prosecute cease-and-desist orders?
Lack of resources is a red herring.
Cease and desist orders with teeth can generate incremental fines leading to a court summons.
My neighborhood still awakens to the howls of the growling, whining, and crying dogs.
The suggestion, as per the PA office, is for affected neighborhoods to raise sufficient funds and create further neighborhood discord to mount a civil suit. This is an outrageous example of both passing the buck and not treating all citizens equally under the law.
Baz Stevens
Freeland
