Washington Supreme Court rules car tab initiative unconstitutional

The Washington State Supreme Court ruled on October 15 that Initiative 976, which would have reduced car-tab taxes to a maximum $30, was unconstitutional due to too many subjects and misleading titles, a violation of the state constitution.

“We hold that the initiative violates the subject-in-title rule because it is deceptive and misleading since the average informed lay voter would conclude voter approved taxes – such as those used to fund local and regional transportation projects across our state – would remain,” wrote justice Steve Gonzalez in his opinion, which seven
justices signed.

Justice Barbara Madsen wrote a concurring statement, agreeing the initiative was unconstitutional but disagreed that Initiative 976 violated the state constitution’s subject-in-title
requirement.

State voters approved the contested tax reduction last November with a 53-47 percent vote. It was then brought to the state supreme court by Garfield County Transportation Authority, along with other city, county and state agencies.

Tim Eyman, an anti-tax advocate who has been at the helm of Initiative 976, told The Seattle Times in an October 15 article that the court was ignoring the voting majority.

Car tab prices depend on location and type of vehicle. The standard fee is $43.25, plus additional fees associated with the vehicle’s weight, location and taxes. Cutting the tax would have impacted transportation projects across the state. 

Blaine City Council denounced the car-tab initiative in a resolution during its October 28,
2019 meeting.

Car tab fees will fund multiple projects in the city of Blaine’s six-year Transportation Improvement Plan, The Northern Light previously reported. This includes extending the trail on Peace Portal Drive near Bell Road and adding sidewalks from F Street to Clark Street on Peace Portal Drive.

Whatcom Transportation Authority was also projected to lose $1 million in 2020, which would have affected transportation services for the elderly and those with disabilities.