Defenders of I-1183 received a holiday gift last week from the Cowlitz County Superior Court. On Thursday, December 22, 2011, the Court issued two important rulings in the declaratory judgment action challenging the constitutionality of I-1183.

First, the Court granted the motion to intervene brought a group of supports of I-1183 led by Costco and the Washington Restaurant Association. In so ruling, the Court observed that those entities’ economic interests were implicated by challenge to I-1183 and that their interests were distinct from those of the State. Those entities now will be able to participate fully in the defense of I-1183.

Second, the Court denied the motion for preliminary injunction to block implementation of I-1183. The Court explained that I-1183 is the law of Washington and that Plaintiffs had not carried their heavy burden for altering that status quo.

Following that ruling and recognizing that the challenge to I-1183 turns largely, if not exclusively, on pure legal arguments, the Court set the following expedited schedule for summary judgment briefing and a trial date if necessary:

  • January 20, 2012: Opening Summary Judgment Briefs Due
  • February 10, 2012: Responsive Briefs Due
  • February 17, 2012: Reply Briefs Due
  • March 5, 2012: Summary Judgment Hearing
  • April 16, 2012: Trial

In setting this schedule, the Court stated that it welcomed extensive briefing on the issues presented. Thus, there might be an opportunity for the filing of amicus briefs.

We will continue to monitor developments in the case. If you have any questions, please do not hesitate to contact us.
 

Photo of Susan Johnson Susan Johnson

Susan M. Johnson focuses her practice on issues facing the food, beverage and hospitality industries. She counsels beer, wine and spirits producers; retail store, restaurant and hotel chains; sports and entertainment facilities; cruise ship lines; and contract food service management companies on liquor…

Susan M. Johnson focuses her practice on issues facing the food, beverage and hospitality industries. She counsels beer, wine and spirits producers; retail store, restaurant and hotel chains; sports and entertainment facilities; cruise ship lines; and contract food service management companies on liquor licensing, sales, distribution, advertising, administrative violation defense and regulatory matters related to changes in corporate ownership and governance. Susan also works directly with industry associations, in-house counsel and other law firms on complex transactions, litigation consultation and legislative initiatives involving alcoholic beverage issues. Susan is co-chair of the Stoel Rives Food, Beverage & Hospitality group. Since 2014, she has been listed by Chambers USA as one of “America’s Leading Lawyers for Business” (Nationwide) in the Food & Beverages: Alcohol practice area.

Click here for Susan Johnson’s full bio.