Judge denies the state’s request and the case moves forward in Douglas County
The Opportunity for All Coalition (OFAC) Friday praised Douglas County Superior Court Judge Bryan Huber’s decision to deny Washington state’s request to dismiss the lawsuit seeking to strike down the illegal capital gains income tax.
“We are pleased that Judge Huber denied the state’s move to dismiss the case against the capital gains income tax,” said OFAC president Collin Hathaway. “The tax hurts Washington state from a competitive standpoint, but the bottom line is that it’s unconstitutional. If the courts allow it to move forward, the tax would be the first step toward a general income tax that could impact every Washington state taxpayer.”
Former Washington Attorney General Rob McKenna of Orrick is representing plaintiffs who would be subject to the tax. “Judge Huber made the right decision today to allow our case to move forward in Douglas County,” McKenna said. “This tax is illegal because it is unconstitutional. Voters have rejected proposed income taxes ten times and the courts have rejected the Washington legislature’s past efforts to enact an income tax by labeling it an ‘excise tax.’ We are confident the courts will reach the same conclusion in this case.”
Don’t believe the hype – this will be a tax on everyone and you’re next! This income tax will hurt the whole economy and do nothing about regressivity. We can do better and create more opportunities for ALL Washingtonians!