Summary: Breaking down the twists and turns of the legal battles in Washington state over public records violations, collusion, and the “Knoll Memo” evidence.
Byline: Brian Lynn, Vice President Marketing & Communications
The quest for justice for hunters and anglers in Washington state has taken years, and has included multiple lawsuits by the Sportsmen’s Alliance Foundation. There are layers upon layers of wrongdoing and abuses, and the storylines diverge multiple times. So, you’re totally forgiven if you haven’t been able to keep track of our work and lawsuits in the Evergreen State.
To help it all make sense, I’ll break down where we’ve been, where we’re at, and where we’re going.
SAF vs. WDFW: Where We’ve Been
Why did the Sportsmen’s Alliance sue the WDFW?
After the Washington Fish and Wildlife Commission cancelled the necessary, useful and scientifically backed “Spring Bear Hunt” on a tie vote in 2021 and then outright killed it on 4-5 vote in 2022, the Sportsmen’s Alliance wanted to know what was going on behind the scenes of this decision (as well as others pertaining to cougars, lions, and wolves) – especially when it came to commissioners who seemed hellbent on limiting, forever altering, and ending our hunting and fishing way of life.
So, we filed a public records request for communications related to those topics from commissioners of concern – as any civically minded and engaged citizen has a right to do under the Public Records Act.
The Failure of Public Records Act Compliance
The initial request identified more than 477,000 “responsive” (aka: related) records originating from commissioners Barbara Baker, Lorna Smith, Melanie Rowland, and John Lehmkuhl. That’s a whole lotta emails and texts from four people about a handful of topics.
While the initial response positively illustrated that the “fanatical four” were talking about these topics, actually getting those records from the commissioners and government was another story.
Every six to nine months, for 18 months, we were given a few records and told to wait another three months. Providing records in “installments” in Washington (unlike other states) is legal, but highly controversial.
Holding State Agencies Accountable for Corruption
The problem, of course, is that at the pace WDFW was turning over records, it would have taken more than 5,000 years to receive them all. This cannot be what citizens had in mind when they passed a 1972 ballot initiative to hold elected or appointed officials and state agencies accountable for their actions.
So, the Sportsmen’s Alliance did what was necessary – we filed a lawsuit to compel the release of records.
On May 30, three months after we sued, the department was able to magically produce 42,684 records, after which they closed the request.
Evidence of Collusion and the Petition for Removal
It was a pittance of the identified “responsive” records, but what was in them was damning.
Seeing the evidence of collusion, corruption, and possible felonies, the Sportsmen’s Alliance released the evidence to the public and filed a petition with Gov. Ferguson for the removal of the four most offending commissioners.
While we’ve never heard a whisper from the governor’s office about the petition, nor the ensuing investigation that he quietly ordered after our evidence became public, we continued our quest for justice in Washington.
In the superior court, the judge ruled that as long as WDFW provided “installments” of records, they could take as long as they wanted fulfill the request – reassuring news for corrupt politicians and our ancestors who might survive the next Ice Age.
SAF vs WDFW: Where We’re At
Current Legal Status of the Appeals Process
Given that this is a highly controversial ruling, as courts across the state have been split on this interpretation of the law, the Sportsmen’s Alliance sought to bypass the Court of Appeals and once again asked the Washington Supreme Court to step in and settle the issue once and for all.
The high court passed on taking up the case, so now we’re headed to the Washington Court of Appeals to hear our complaints and legal arguments supporting transparency and accountability from our governmental overlords.
What is the Knoll Memo and why does it matter?
Most recently, the Sportsmen’s Alliance filed for sanctions against WDFW for withholding inculpatory evidence during the discovery process of our case in the superior court. That evidence, known as the “Knoll Memo,” and which only recently came to light through a public records request by the Conservation Coalition of Washington, backs our claims of PRA and Open Public Meetings Act violations, as well as corruption by the commissioners named in our petition for removal, pointing the finger at the egregious actions of commissioners Smith and Rowland.
Sanctions and Future Litigation Against WDFW
This internal document substantially changes the weight of our arguments, as it was prepared by a legal liaison within the department with no connection to the internal or external chaos of the commission. It backs our claims and illustrates the purposeful delays and denials concerning records requests by individual commissioners, and the dysfunction of the department, commission, and the entire PRA process. This prior and known revelation that was withheld from the Sportsmen’s Alliance during discovery could have significantly altered the ruling in the superior court.
SAF vs. WDFW: Where We’re Going
While the Sportsmen’s Alliance and the concerned citizens of Washington patiently await an appellate court hearing concerning our original PRA claim, we also now await a hearing on May 1 concerning our request of sanctions against the WDFW for withholding the Knoll Memo.
A ruling on sanctions against the department could look like anything from a new trial, fines and penalties against the state, or any number of things.
Ensuring Transparency for Washington Citizens
On top of all of this, Washington Wildlife First, their lawyer, Claire Davis, and Commissioner Lorna Smith have filed a federal lawsuit against WDFW Director Kelly Susewind and Deputy Director Amy Windrope. We’ll have more on this ridiculous, yet not unsurprising, move later.
As confusing as the legal twists in turns are in Washington, it is worth the fight to ensure that sportsmen, and really, all citizens of the state, have a means of holding their elected officials, governmental agencies and others in position of power accountable.
The Sportsmen’s Alliance guarantees hunting, fishing, and trapping for the American sportsman now and forever. We’re there when sportsmen need us most. We are the only organization specifically created to protect the individual hunter, angler, and trapper – no matter the threat. We will never compromise when it comes to defending our way of life in the courts, in the legislatures, in the public square, and at the ballot box. We make this promise to the American sportsman: we will never give up and never give in while proudly securing our future against those seeking to destroy our values, beliefs, and traditions. Stay connected to the Sportsmen’s Alliance: Online, Facebook, Twitter, and Instagram.
