Eastlake Resident Takes on City for Not Funding Monorail Initiative

By Tom Herriman

Eastlake resident David T. Huber has decided to sue the city in order to enforce the funding provisions of the 1998 monorail initiative.

Huber and his attorney Christopher Beer, of the Seattle law firm Invicta, delivered a letter to city officials April 13 demanding they effectuate the initiative and provide money to build the monorail system.

They point to a section of the initiative, passed by more than a 55 percent majority, which states:

Electric Transportation Company shall seek non-government monies to carry out its purpose and goals before turning to government sources. To this purpose, the City Council of Seattle shall make funds available to the PDA either by issuing Councilmanic Revenue Bonds or raising the City's Business and Occupation Tax.

Huber said he is acting "as a citizen, not on behalf on any organization. The real question is, what is the will of the people and how should it be implemented?"

Huber says the initiative clearly directs the City to fund the Monorail and the directive has been ignored.

"I love the monorail," Huber said. "But this is not about the monorail. It's about how a representative democracy should work, and whether a voter approved initiative actually means anything."

Huber has lived in Seattle for 10 years and is a former president of the Eastlake Community Council.

"The initiative says the city 'Shall make funds available,' Beer explained, emphasizing the "shall." "They've only provided $200,000, which paid for some exploratory work. Now the ETC [Elevated Transport Company] is going out of business. This is not what the voters intended."

Beer said, "The legal case is very strong. I think courts will have no trouble in understanding the language. The City Charter requires that an initiative becomes a city ordinance when it is passed. This never happened.

"Our demand letter gives the mayor and City Council two weeks to respond. If they don't start doing something, then we'll file suit in King County Superior Court.

"If we're going to have an initiative process," Huber emphasized, "It shouldn't be a straw man. It shouldn't be a false promise."

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