Noted fo1'Hear.ing With Oral Argument: Wed.nesd.ay, September 11, 2013 at 2 p.m. SUPERIOR COURT OF THE STATE OF WASHENGTON IN AND FOR KENG COUNTY EAST SIDE GUN SHOP, INC, a Washington BELLEVUE INDOOR RANGE, INC, a Washington and WADE GAUGHRAN and LISA GAUGHRAN, husband and wife and the marital community comprised thereof, Plaintiffs, vs. DEPARTMENT OF LABOR. AND INDUSTRIES, a Washington state agency; SEATTLE TIMES COMPANY, a Washington corporation; CHRISTOPHER SEAVOY and JANE DOE SAVOY, and wife and the marital community comprised thereof; JOSEPH SCHMIDT and JANE DOE SCHMIDT, husband and wife and the marital commuifity comprised, thereof; MULLINS LAW GROUP, PLLC, a Washington professional limited 1iability' company; PRANGE LAW GROUP, LLC, an Oregon limited liability eompany; S.D. DEACON CORPORATION OF WASHINGTON, a Washington oo1'po1*ation; PAUL MARX and JANE DOE MARX, husband and Wife and the marital community comprised thereof; SEATTLE CITY LIGHT, a municipal eoifporationg and STEVE KRIVAL, individually; Defendants ORDER DENYING S.D. MOTION FOR AND SHOW CAUSE ORDER sed] - '1 Ex Parte Department No. 132-28873 -7 SEA ORDER DENYING S.D. MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY AN INJUNCTION SHOULD NOT BE ISSUED CONCERNING SEVEN DOCUMENTS Law 0 {Cour P.O.. Box 33744 Seattle, WA 98133 (206) 443-0200 ll. 15 I6 22 24- SEATTLE TIMES COMPANY, a Washington corporation, Counter>>Clairn Plaintiff, Vs. EASTSIDE GUN SHOP, INC., a Washington corporation; BELLEVUE INDOOR RANGE, INC., a Washington corporation; and WADE GAUGHRAN and LISA GAUGI-IRAN, husband and wife and the marital community oornprised thereofi Counter>>-Clairn Defendants SEATTLE TIMES COMPANY, a Washington eorporation, Cross--Claim Plaintiff, vs. DEPARTMENT OF LABOR AND INDUSTRIES, a Washington state agency, Cross--Clain1 Defendant. This matter came before the Court on SD. Deacon's Motion for Temporary Restraining Order and Order to Show Cause Why an Injunction Should Not be Issued Coneerning Seven Doeurnents. The Court having heard. argunient of counsel fro S.D.. Deacon, the Seattle Times and and having reviewed the tiles and records herein including: 1. SD. Deaoon's Motion for Temporary Restraining Order and Order to Show Cause Why an Injunction Should Not be Issued Concerning Seven Doonrnents; 2. Seattle Times' Seattle Times' Response And Opposition To SD. Deaeon's Motion For Temporary Restraining Order And Order To Show Cause; 3. Declaration of Keith Ervin field Septen1ber4, 2013; 4. Response, if any; AW Gnome P.O.. Box 33744 Seattle, WA 98133 (206) 4430200 ORDER DENYING S.D. MOTION FOR R0 AND SHOW CAUSE ORDER -- 2 Plaintiffs' Response if any; 6. SD. Reply, if any; 7- 8. 9. 10. and 11. and the pleadings on tile in this case, and otherwise being fully advised on the matter. The Court HEREBY DENIES SD. Deacorfs Motion. The Court HEREBY FINDS that the records at issue are public records under the Public Records Act RCW 42.5 6. The Court FINDS that SD. Deacon has not met its burden of proving records exempt under the PRA and the additional requireinerit of showing that disclosure will "clearly not be in the public interest and would substantially and irreparahly damage any person, or would substantially and irreparably damage vital governmental fancti.ons."" RCW 42.56.540. The Court further finds that S.D., Deacon has not shown an entitlement to a. show cause proceeding under RCW 4256.550 as that provision is limited to niotions by a party denied the right to inspect or a copy a public record or provided an unreasonalrile estimate of time for such inspection or copying, and are for proceedings to Show cause why a record has not been produced. That provision does not authorize a show cause proceeding for an entity that wishes to block release of records and have records deemed exempt. The Court notes that . -. 2- Seattle Ti SSigned judge for Sep 2013, 0 . decide the t' Times' enti ent to records. The ORDER DENYING SD. I MOTION FOR. AND SHOW CAUSE ORDER [Pmiosed] 3 lixw no P.O.. BOX 33744 Seattle, WA 98133 (206) 443-0200 Court is not enjoining Department Labor and Industries from identifying responsive rec01'ds,, producing a withholding or exemp log, o1'p1'oduei11__ponsive records no party has proven the records to be or at discl use will "cearly 2- in pubtie in 6% i I and irreparably Submitted by: ALLIED LAW GROUP, LLC By Mi hele WSBA N6. 26454 Attomey for Defendant Seattle Times R0. Box 33744,} Seattle, WA 98133 ORDER DENYING SI). DEACOIWS A MOTION FOR TRO AND SHOW CAUSE P.O.. Box 33744 ORDER. fi] - 4 Seattfe, WA 9333 (206) 443-0200