What is the Tunnel Referendum Really About?
Last Friday, King County Superior Court Judge Laura Gene Middaugh ruled that the public can vote on a portion of the tunnel measure, Referendum 1, saying both that the people have a right to be heard and that the version of the measure that will go on the ballot, with deals with a council process issue, is not, fundamentally, about the tunnel.
Yesterday, the city council put the measure on the August ballot.
Now, both sides in the debate have seized on the ruling and the pending August 16 vote to frame the meaning of it all. Former Seattle Chamber of Commerce leader Tayloe Washburn, a tunnel supporter, and Referendum 1 campaign activist and tunnel detractor Ben Schiendelman square off in today’s PubliCola ThinkTank. The question: What is this referendum really about?

After King County Superior Court Judge Laura Gene Middaugh ordered a single section of an ordinance related to tunnel construction to be placed on the ballot, many voters rightly wondered: How does this impact the overall project? Fortunately, Judge Middaugh answered that question in court: “This decision is not a referendum on whether we’re going to have a tunnel or not.”
So what, exactly, are voters being asked to decide? Section 6, the single paragraph that has become the central question here, states that the City Council is authorized to decide whether to issue notice to proceed with construction, and the City Council will make that decision at an open public meeting. That’s all.
This essentially replicates what already exists in state environmental law. Before actual tunnel construction can start, a final Environmental Impact Statement (EIS) on the project must be issued. On all projects, governments must consider environmental documents prior to commencing physical construction. This requirement applies whether or not there is a written provision requiring such review—it’s the law.
In this case, the City Council decided to add Section 6 to the ordinance, which basically states what the law requires by indicating that the EIS would be reviewed before the city formally authorized physical work to begin. The council also added a public meeting as part of this review. The council passed the tunnel-building ordinance by a vote of 8-1. Council members voted to override a subsequent veto by Mayor Mike McGinn by the same margin. Nonetheless, Mayor McGinn was instrumental in gathering resources for a paid-signature drive to put the entire package before voters.
That will not happen. Judge Middaugh ruled very clearly that Sections 1-5 of the ordinance, including the key utility agreements between the city of Seattle and the state of Washington, were not subject to referendum. The technical work continues: planners with the city and state are cooperating, and we are moving forward.
And so we come to this, a fake crossroads, an election about process. Whether the outcome of the vote on the referendum on Section 6 turns out to be “Yes” or “No,” it makes no difference whatsoever to the legal authority of the City Council to move forward with the tunnel, should it choose to do so after reviewing the final EIS.
The reason for this is very simple—Section 6 focuses on a review of the council’s decision to continue forward with the utility agreements after the EIS is issued. Although a public meeting is not required, this review after the final EIS is already required by law.
If the council had not adopted Section 6, or even if Section 6 is invalidated as a result of the referendum, the review is still required. For all these reasons, nothing about the vote on Section 6 makes it a do-or-die vote about the tunnel. The addition of a public meeting is the only part of Section 6 that is not already the law.
Sadly, we face the spectacle of an election that tunnel opponents are framing as something much grander and more important than it really is. The good news: Seattle voters are smart and they are well-read. And they dislike ballot measures that turn out to be monumental wastes of time and public tax dollars.

On Friday, May 20th, Judge Laura Gene Middaugh stated in her ruling on the tunnel referendum that “the overriding goal is to make sure that the voices of the people are heard when a policy decision is made.” She added, “the people of the city of Seattle have the right to be involved in that process.”
The Protect Seattle Now campaign could not agree more.
It has been the goal of our campaign to ensure that the citizens of Seattle are provided the voice that they have been denied ever since January 2009 when politicians cut a back-room deal to pursue a bored tunnel under our city. They chose the most expensive—and riskiest—option possible, without even basic due diligence.
The tunnel idea may have been appealing then, when it was just a napkin sketch and costs were unknown. Now, two years later, studies reveal the proposed deep-bore tunnel fails the citizens of Seattle in every way.
The tunnel is unaffordable. The state is reporting shortfalls on many transportation projects, and the savings
from a cheaper option would make their work easier.
The tunnel makes it harder to get around. It has no ramps to our commercial core. Traffic congestion at
the Pioneer Square mega-interchange will be unacceptable, yet the Washington State Department of Transportation (WSDOT) offers no solutions nor funding for mitigation. It includes no transit. It actually worsens transit reliability because of untenable congestion.
Regardless of how tunnel fans will attempt to spin it, this referendum is a vote on whether the tunnel
fits Seattle’s values, future—and budget.
The power of the people to be involved, by initiative or referendum, is a clear right in our state. Section 6 of the tunnel ordinance, although only one short paragraph, gets to the very heart of the matter. It says that the council reserves authority for itself alone to execute the tunnel agreements with WSDOT later—without any accountability to voters. Judge Middaugh was clear: “This is an attempt to go around the voters.” And this one paragraph is why our vote is incredibly important. A “No” vote will reject the City Council’s attempt to deny our basic right to referendum—a dangerous precedent.
Nearly 29,000 people signed the referendum petition demonstrating our collective belief that the facts of this project are dubious, and warrant a vote. Despite multiple attacks by City Council, the City Attorney, and the state, a judge has strongly upheld our right to vote. This decision must ultimately meet the approval of those it affects most—the people of Seattle.
A ‘No’ vote on Referendum 1 stands up for the progressive values of Seattle and continues our pragmatic tradition of holding our elected leaders accountable. Saying ‘No’ tells the leaders that the people of Seattle must be heard, that we will not be manipulated, and that we deserve a solution that works for our future.
Protect Seattle Now is proud to fight for Seattle’s voice and basic democratic rights. On the primary ballot this August, let your voice be heard by voting ‘No.’


April Putney
Sally Bagshaw
Liv Finne
Reuven Carlyle
Lew McMurran
Phil Bussey
Toby Crittenden
Sandeep Kaushik
Deb Eddy
Pramila Jayapal
John Carlson
David Freiboth
Lisa Stone
Geologic
Louise Chernin
Paul Guppy
David Rolf
David Meinert
PubliCola ThinkTank
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