Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 1 of 30
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
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`individual,
`an
`ZACHARY PILZ,
`BRENDA CONTINE, an individual,
`JUAN LOPEZ, an individual,
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`et al.,
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`Plaintiffs,
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`v.
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`JAY INSLEE, Governor of the State of
`Washington, et al.,
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`CASE NO.
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`COMPLAINT FOR INJUNCTIVE
`AND DECLARTORY RELIEF AND
`FOR DAMAGES
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`JURY DEMANDED
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`) )
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` Defendants.
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`INTRODUCTION
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`1. Governor Jay Inslee’s August 9, 2021 Proclamation by the Governor Amending
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`Proclamation 20-05, et seq. 21-14 – COVID-19 Vaccination Requirement (“Governor’s
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`Mandate”) and August 20, 2021 Amended Proclamation by the Governor Amending
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`Proclamations 20-05 And 20-14 21-14.1 Covid-19 Vaccination Requirement (“Mandate
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`Amendment”) requiring state workers to be fully vaccinated against COVID-19 by October
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`COMPLAINT - 1
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 2 of 30
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`18, 2021 exceeds the authority of his office by the Washington Constitution statute, and,
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`independently, violates the rights guaranteed to the state workers by the Constitution of the
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`United States of America and other applicable law.
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`2. Other similarly situated individuals have had their attempts to obtain a hearing on the
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`merits in State Court stymied by the Governor’s office, including the willful disobedience of a
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`State Court’s Order for his Chief of Staff to sit for deposition.
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`3. Given the State’s conduct in State Court, these Plaintiffs reluctantly come to his Court
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`as a last resort for legal relief and explicitly bring only Federal Causes of Action to avoid the
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`State’s inevitable and ongoing attempts to delay these emergent issues.
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`VENUE AND JURISDICTION
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`4. This Court has jurisdiction pursuant to 28 USC §§ 1331 & 1343.
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`5. Venue is proper in this Court where the Defendants reside in and purport to act in their
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`official capacities within this District, pursuant to 28 USC § 1391.
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`PARTIES
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`6. Plaintiff Zachary Pilz, is an employee of Washington State Department of Children,
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`Youth & Families, residing in Lewis County.
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`7. Plaintiff Brenda Contine, is an employee of Washington State Department of
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`Corrections, residing in King County.
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`8. Plaintiff Aaron Keller, is an employee of Bellevue Fire Department, residing in
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`Snohomish County.
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`9. Plaintiff Adam Bogle, is an employee of Washington State Department of
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`Transportation, residing in Lincoln County.
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`10. Plaintiff Alex Carbajal, is an employee of Seattle Fire Department, residing in
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`COMPLAINT - 2
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`

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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 3 of 30
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`Snohomish County.
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`11. Plaintiff Alex Murillo, is an employee of Snohomish County District Court, residing in
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`Snohomish County.
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`12. Plaintiff Amber Roskamp, is an employee of Port Angeles School District, residing in
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`Clallam County.
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`13. Plaintiff Anna Trawczynski, is an employee of University of Washington Medicine -
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`Northwest, residing in King County.
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`14. Plaintiff Benjamin Swenson, is an employee of Washington State Department of
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`Children, Youth & Families, residing in Lewis County.
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`15. Plaintiff Blaine Schiess, is an employee of Washington State Department of
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`Transportation, residing in Clallam County.
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`16. Plaintiff Branon Snyder, is an employee of Seattle Fire Department, residing in Pierce
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`County.
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`17. Plaintiff Brian Paterik, is an employee of Seattle Fire Department, residing in Pierce
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`County.
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`18. Plaintiff Candace Kennedy, is an employee of Washington State Department of Social
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`and Health Services, residing in Thurston County.
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`19. Plaintiff Cathy Beckner, is an employee of Washington State Ferries, residing in Pierce
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`County.
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`20. Plaintiff Daniel Little, is an employee of Washington State Ferries, residing in
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`Snohomish County.
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`21. Plaintiff David Dahlin, is an employee of Seattle Fire Department, residing in
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`Snohomish County.
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`COMPLAINT - 3
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 4 of 30
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`22. Plaintiff David Lawton, is an employee of Washington State Ferries, residing in King
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`County.
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`23. Plaintiff David Taylor, is an employee of Washington State Department of
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`Transportation, residing in Yakima County.
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`24. Plaintiff David Walters, is an employee of Seattle Fire Department, residing in Pierce
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`County.
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`25. Plaintiff Dawn Andersen, is an employee of Mukilteo School District, residing in
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`Snohomish County.
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`26. Plaintiff Garrett Raulston, is an employee of Washington State Department of
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`Enterprise Services, residing in Spokane County.
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`27. Plaintiff Gwendolyn Auman, is an employee of Washington State Department of
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`Corrections, residing in Grays Harbor County.
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`28. Plaintiff Haleigh See, is an employee of Naselle Grays River Valley School District,
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`residing in Pacific County.
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`29. Plaintiff Heather Swensen, is an employee of Puget Sound Assistant Living, residing
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`in Pierce County.
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`30. Plaintiff Heriberto Mendoza, is an employee of Washington State Department of
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`Corrections, residing in Benton County.
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`31. Plaintiff Holly Verner, is an employee of Dermatology of Seattle, residing in King
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`County.
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`32. Plaintiff Jaime Kellogg, is an employee of Cardiac Study Center MultiCare, residing
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`in Spokane County.
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`33. Plaintiff James Palmer, is an employee of Washington State Department of
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`COMPLAINT - 4
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 5 of 30
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`Corrections, residing in Snohomish County.
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`34. Plaintiff Jeffrey Cowgill, is an employee of Washington State Department of
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`Agriculture, residing in Cowlitz County.
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`35. Plaintiff Jeni Venables, is an employee of Healthcare, residing in Thurston County.
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`36. Plaintiff Jennifer Barnes, is an employee of Washington State Department of Social
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`and Health Services, residing in Pierce County.
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`37. Plaintiff Jennifer Templeton, is an employee of Washington State Department of Social
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`and Health Services, residing in Pierce County.
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`38. Plaintiff Jennifer Zehrung, is an employee of Olympic Education District 14, residing
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`in Pierce County.
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`39. Plaintiff Jesse Gorham, is an employee of Seattle Fire Department, residing in King
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`County.
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`40. Plaintiff Jodie Dewey, is an employee of Washington State Patrol, residing in Spokane
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`41. Plaintiff Joe DeGroat, is an employee of Washington State Department of
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`Transportation, residing in Yakima County.
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`42. Plaintiff Jonah Kuhn, is an employee of Washington State Department of Enterprise
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`Services, residing in Spokane County.
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`43. Plaintiff Josephine Swenson, is an employee of Washington State Department of
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`Children, Youth & Families, residing in Lewis County.
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`44. Plaintiff Josh Gibbs, is an employee of Seattle Fire Department, residing in Snohomish
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`County.
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`45. Plaintiff Judy Carpenter-Ross, is an employee of Washington State Department of
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`COMPLAINT - 5
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`

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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 6 of 30
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`Veterans Affairs, residing in Pierce County.
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`46. Plaintiff Kamaldeep Bhachu, is an employee of PeaceHealth, residing in Whatcom
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`County.
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`47. Plaintiff Kara Coalman, is an employee of Washington State Department of Labor &
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`Industries, residing in Cowlitz County.
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`48. Plaintiff Kari Lynn Dohrman, is an employee of Washington State Department of
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`Social and Health Services, residing in Chelan County.
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`49. Plaintiff Katherine Galanga, is an employee of University of Washington Medical
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`Center, residing in Snohomish County.
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`50. Plaintiff Kathleen Pokorny, is an employee of University of Washington Medical
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`Center, residing in Snohomish County.
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`51. Plaintiff Kayla Berg, is an employee of Community Health Building, residing in
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`Kittitas County.
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`52. Plaintiff Kimberley Scott, is an employee of Harbor Regional Health, residing in Grays
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`Harbor County.
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`53. Plaintiff Kris Waidley, is an employee of Washington State Department of Health,
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`residing in Thurston County.
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`54. Plaintiff Kylee Ballensky, is an employee of Washington State Department of Children,
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`Youth & Families, residing in Pierce County.
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`55. Plaintiff LaDonna Hebert, is an employee of Washington State Department of
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`Corrections, residing in Mason County.
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`56. Plaintiff Laura Coleman, is an employee of Washington State Department of
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`Corrections, residing in Benton County.
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`COMPLAINT - 6
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`

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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 7 of 30
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`57. Plaintiff Lesiya Drozdov, is an employee of The Everett Clinic (Optum), residing in
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`Snohomish County.
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`58. Plaintiff Lori Auckland, is an employee of Sultan School District, residing in
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`Snohomish County.
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`59. Plaintiff Lori Smith, is an employee of Washington State Department of Social and
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`Health Services, residing in King County.
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`60. Plaintiff Lynnette Mathias, is an employee of University of Washington Medical
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`Center, residing in King County.
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`61. Plaintiff Marsha Lasky, is an employee of Providence Sacred Heart, residing in
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`Spokane County.
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`62. Plaintiff Matthew Reinke, is an employee of East Pierce Fire & Rescue, residing in
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`Okanogan County.
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`63. Plaintiff Melissa Steele, is an employee of Washington State Department of Social and
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`Health Services, residing in Chelan County.
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`64. Plaintiff Michael Faulk, is an employee of Washington State Patrol, residing in
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`Spokane County.
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`65. Plaintiff Michael Hamilton, is an employee of Seattle Fire Department, residing in King
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`County.
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`66. Plaintiff Michael Johnson, is an employee of State of Washington, residing in Whatcom
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`County.
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`67. Plaintiff Michael Uribe, is an employee of Washington State Department of
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`Transportation, residing in Kittitas County.
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`68. Plaintiff Misty Cox, is an employee of Washington State Department of Social and
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`COMPLAINT - 7
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`

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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 8 of 30
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`Health Services, residing in Spokane County.
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`69. Plaintiff Monty Lee Whiteaker, is an employee of Washington State Department of
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`Transportation, residing in Benton County.
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`70. Plaintiff Nicholas Auckland, is an employee of Washington State Department of
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`Transportation, residing in Snohomish County.
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`71. Plaintiff Nicholas Blackburn, is an employee of Washington State Department of
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`Corrections, residing in Thurston County.
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`72. Plaintiff Nicole Kinread-Sinclair, is an employee of Behavioral Health Resources,
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`residing in Grays Harbor County.
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`73. Plaintiff Niza Puckett, is an employee of Washington State Department of Corrections,
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`residing in Walla Walla County.
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`74. Plaintiff Pamela Coffell, is an employee of Washington State Department of Social and
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`Health Services, residing in Chelan County.
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`75. Plaintiff Ronald Kessler, is an employee of Washington State Lottery, residing in
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`Thurston County.
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`76. Plaintiff Rosemarie Becker, is an employee of Washington State Department of Social
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`and Health Services, residing in Spokane County.
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`77. Plaintiff Ryan Hogan, is an employee of Washington State Ferries, residing in Kitsap
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`County.
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`78. Plaintiff Sandra Dolan, is an employee of Puget Sound Assistant Living, residing in
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`Pierce County.
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`79. Plaintiff Sandra Olerich, is an employee of Washington State Health Care Authority,
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`residing in Thurston County.
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`COMPLAINT - 8
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`

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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 9 of 30
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`80. Plaintiff Scott Fleming, is an employee of Washington State Department of
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`Corrections, residing in Pierce County.
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`81. Plaintiff Scott Millenbach, is an employee of Washington State Patrol, residing in
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`Kittitas County.
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`82. Plaintiff Shannon Ayers, is an employee of Washington State Department of
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`Transportation, residing in Spokane County.
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`83. Plaintiff Sheila Hollingsworth, is an employee of Common Spirit Health, residing in
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`Kitsap County.
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`84. Plaintiff Tammy Kennedy, is an employee of Washington State Department of
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`Corrections, residing in Snohomish County.
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`85. Plaintiff Tera Green, is an employee of East Pierce Fire & Rescue, residing in Pierce
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`County.
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`86. Plaintiff Teresa Fox, is an employee of Washington State Department of Labor &
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`Industries, residing in Kitsap County.
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`87. Plaintiff Thomas Corrin, is an employee of Washington State Department of
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`Transportation, residing in the State of Washington.
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`88. Plaintiff Thomas DeLong, is an employee of Washington State Department of
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`Corrections, residing in Clallam County.
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`89. Plaintiff Tiffany Brown, is an employee of Washington State Department of Labor &
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`Industries, residing in Lewis County.
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`90. Plaintiff Timothy Henning, is an employee of Washington State Department of
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`Transportation, residing in Clallam County.
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`91. Plaintiff Todd Humphreys, is an employee of Washington State Department of
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`COMPLAINT - 9
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`

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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 10 of 30
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`Transportation, residing in Spokane County.
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`92. Plaintiff Travis Eilertson, is an employee of Washington State Department of
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`Corrections, residing in Walla Walla County.
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`93. Plaintiff Tyler Corrin, is an employee of Washington State Patrol, residing in the State
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`of Washington.
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`94. Plaintiff Tyler Ratkie, is an employee of Washington State Department of
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`Transportation, residing in Lewis County.
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`95. Plaintiff Tyler Tuerschmann, is an employee of Washington State Department of Labor
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`& Industries, residing in Lewis County.
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`96. Plaintiff Wade Faircloth, is an employee of Camas Fire Department, residing in Clark
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`County.
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`97. Plaintiff Juan Lopez, is an employee of Public Hospital, residing in Chelan County.
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`98. Plaintiff Warren Scotter, is an employee of Bellingham Fire Department, residing in
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`99. Plaintiff Wayne Johnson, is an employee of Seattle Fire Department, residing in
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`Snohomish County.
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`100. Plaintiff William Cleary, is an employee of Seattle Fire Department, residing in King
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`County.
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`101. Plaintiff Zana Carver, is an employee of Columbia Basin College, residing in Walla
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`Walla County.
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`102. Plaintiff Jamal George, is an employee of Central Pierce Fire & Rescue, residing in
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`Grays Harbor County.
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`103. Plaintiff Brad Otto, is an employee of Washington Department of Fish and Wildlife,
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`COMPLAINT - 10
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`

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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 11 of 30
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`residing in the State of Washington.
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`104. Plaintiff Venus Bailey, is an employee of Washington State Department of Veterans
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`Affairs, residing in Thurston County.
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`105. Plaintiff Stephanie Adams, is an employee of the Washington State Health Care
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`Authority, residing in the State of Washington.
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`106. Defendant Jay Inslee is the Governor of the State of Washington.
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`107. Defendant John Batiste is the Chief of the Washington State Patrol.
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`108. Defendant Cheryl Strange is the Secretary of the Washington State Department of
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`Corrections.
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`109. Defendant Roger Millar is the Secretary of the Washington State Department of
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`Transportation.
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`110. Defendant Derek Sandison is the Director of the Washington Department of
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`Agriculture.
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`111. Defendant Ross Hunter is the Secretary the Washington State Department of Children,
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`Youth and Families.
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`112. Defendant Dr. Umair Shah is the Secretary of the Washington State Department of
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`Health.
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`113. Defendant Joel Sacks is the Director of the Washington State Department of Labor
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`and Industries.
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`FACTS
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`114. Some Plaintiffs, such as Michael Faulk of the Washington State Patrol (WSP) have
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`sought to secure medical exemptions from the Mandate.
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`115. Some Plaintiffs, such as Zachary Pilz, have, as a right by statute and a right secured
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`COMPLAINT - 11
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 12 of 30
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`by the United States Constitution, sought a religious exemption from the Mandate.
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`116. As a condition of considering the aforementioned Plaintiffs’ religious exemptions, the
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`State or its agencies have required the submission of a “religious questionnaire” which
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`improperly inquired into protected private affairs regarding health care decisions and religious
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`sentiment, belief, and worship; other Plaintiffs have, standing upon their rights guaranteed by
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`the Washington State and United States Constitution, refused to provide the required
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`information.
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`117. Gov. Inslee’s General Counsel Kathryn Leathers coordinated the exemption language
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`with the Attorney General’s Office and wrote in an August 3, 2021 email “Exemptions:
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`medical for sure; and religious (if we have to; if yes, as narrow as possible)”. Reproduced
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`below.
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`COMPLAINT - 12
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 13 of 30
`Case 3:21-cv-05735-BHS Document1 Filed 10/05/21 Page 13 of 30
`
`
`
`(ATG)
`Sonju, Eric A.
`From:
`To: Leathers, Kathryn (GOV
`
`
`
`Cortez,DawnC. (ATG)
`Merchant, David (ATG
`
`
` Petrie, Valerie B (ATG)
`2021-08-04 11:37:44 AM
`
`CC:
`
`Date:
`
`Subject: RE: New mandatory vaccine proclamation
`Attachments:
`rssExec.pdf
`
`Thought you'd all be interested to see this order from the 7th Circuit denying a motion for an injunction pending appeal
`against Indiana University’s vaccination mandate. The district court denied plaintiff students’ preliminary motion, which
`they're now appealing.
`
`From: Leathers, Kathryn (GOV)a
`Sent: Tuesday, August 3, 2021 5:52 PM
`
`erchant, David (ATG)
`To: Cortez, Dawn C. (ATG
`
`Sonju, Eric A.A Petrie, Valerie B
`Cc: Wonhoff, Taylor (GOV)
`
`
`Subject: New mandatory vaccine proclamation
`
`[EXTERNAL
`
`Dawnand Dave,
`
`The decision has been made. We are nowdefinitely going in the direction of a mandatory vaccine for all employeesin
`certain areas of employment: public and private healthcare, congregate settings (like DOC and LTCfacilities), and state
`employees who work for the Exec cabinet. We may branch out to other separately electeds’ employees, but we will start
`with our staff.
`
`Other:
`
`Mandatory weekly testing until such time as you are fully vaccinated.
`For the private healthcare settings, we want to require that they have a policy in place that mandates vaccines
`by “X” date (“X” TBD).
`Exemptions: medical for sure; and religious (if we have to; if yes, as narrow as possible).
`o Adding Eric Sonju and Valerie Petrie to help with the exemptions.
`Still trying to nail down howlong the unvaccinated person has to become fully vaccinated, TBD.
`Consequence: This is a condition of employment. You lose your job if you do not comply (and, the privates are
`prohibited from employing or continuing to employ anyone whois notfully vaccinated by X date).
`
`| will get you thelist of what qualifies as healthcare and congregate settings asap.
`
`If we need more time, we can announcethis week and issue on
`Governor wants to announcethis week, if possible.
`Monday. Usual moving target on a short timeframe. So sorry.
`
`Can you get this one started (tomorrow)?
`
`Thank you,
`
`
`
`
`
`COMPLAINT - 13
`COMPLAINT - 13
`
`
`
`ARNOLD & JACOBOWITZ PLLC
`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN.’ WA 9 8 8 1 6 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
`
`

`

`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 14 of 30
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`
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`118. Whistler-blower documents confirm unconstitutional application of the Mandate at
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`the Washington State Patrol – religious accommodations have been directed to be denied
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`categorically and medical “accommodation” to consist of temporary unpaid leave until the
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`Troopers return to work vaccinated.
`
`119. The State’s own data confirms this discriminatory application.
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`120. As of September 27, 2021. WSP has granted four of forty-six medical
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`accommodations, a 3,278% difference. The Department of Transportation is approving
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`medical exemptions at a rate of 985% relative to religious requests.
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`121. Some Plaintiffs, such as Juan Lopez and Brenda Contine, are members of protected
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`classes, specifically to Mr. Lopez and Mrs. Contine, citizens of Hispanic descent.
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`122. State generated data by the Washington State Department of Health showed, prior to
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`the Mandate, that people of Hispanic heritage are vaccinating at significantly lower rates
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`relative to their general population and relative to non-protected racial groups.
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`123. African Americans, such as Plaintiff Venus Bailey, are also, according to the State’s
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`own data, are also vaccinating at lower rates than non-protected groups.
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`124. The foreseeable, outcome of the Mandate is a disproportionate dismissal of people of
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`color from civil service and health care.
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`125. Given the State’s own data, the Governor, and his subordinates they acted with, at
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`minimum, reckless or callous indifference to this reality.
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`126. State and Health Care Workers, including Plaintiffs Zachary Pilz, Teresa Fox, and
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`Alicia Gray, who could have otherwise been accommodated with less restrictive means, have
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`been physically injured by the vaccine which they took over religious and medical objection.
`
`127. By way of further example, Plaintiff Zachary Pilz has been grievously injured by the
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`COMPLAINT - 14
`
`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
`
`

`

`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 15 of 30
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`
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`first injection of the Pfizer vaccine; despite this he will be terminated unless he takes the second
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`injection, over his physicians’ advice; his initial accommodations were denied despite having
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`natural immunity to COVID-19.
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`128. Similarly, Plaintiff Sheila Hollingsworth, who has been previously accommodated by
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`her employer for the same reasons, has been denied accommodation despite working from
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`home and despite her doctor’s opinion that the vaccine will be lethal to her.
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`129. Similarly, the Fire Marshal for the State of Washington, Charles Paul LeBlanc
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`(Plaintiff in a State Court Action), will not be accommodated despite his doctor’s opinion that
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`1) the vaccine will likely be leather given a prior anaphylactic episode, 2) that his prior cancer
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`treatment will render the vaccine ineffective, and 3) having recovered from COVID in June,
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`most likely the Delta variant.
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`130. At least on citizen of the State of Washington has died from an adverse reaction to the
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`vaccine taken under duress pursuant to the Mandate.
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`131. Washington State Labor and Industries has created a special claims division for those
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`injured by the vaccine required by the mandate.
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`132. The FDA approved COMIRNATY is not generally unavailable in Washington State.
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`133. Actual consent has not been received for injection of Emergency Use Authorized
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`drugs mandated by the Governor.
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`134. Those individuals, such as Plaintiffs Pilz, Fox, and Grey, who complied with the
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`Mandate over objection, have not provided legal consent given the economic duress
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`manufactured by the Governor and his subordinates.
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`135. Given the Governor, and his subordinates knowledge of the danger of the vaccine to
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`healthy state and health care workers, they have acted with, at minimum, reckless or callous
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`COMPLAINT - 15
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`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
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`

`

`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 16 of 30
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`indifference to the avoidable physical harm which is the foreseeable result of the Mandate.
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`136. In an internal email, Senior Assistant Attorney General Eric Sonju wrote: "My
`
`understanding of requiring health care and long-term care provider employees to get
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`vaccinated is to protect patients/residents and protect the capacity of our system from being
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`threatened by continued spread. The purpose isn’t primarily to get vaccination numbers up in
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`that population in order to fight COVID-19 more generally," Mr. Sonju went on: "However,
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`for executive cabinet agency employees, the purpose really is to get vaccine numbers up and
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`having the state lead by example. So maybe a bifurcated approach would make sense. Health
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`care and long-term care provider employees are required to get vaccinated and their employers
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`are prohibited from letting them enter the workplace or provide in-person services if they don’t.
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`Executive cabinet agency employees are required to get vaccinated by 10/18 and the agencies
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`are prohibited from employing them if they do not. That said, if the preference is to stay with
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`a prohibition on employment for all, I think it is certainly defensible."
`
`137. Compliance with the Governor’s Mandate and Mandate Amendment is not
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`prohibitory, but mandatory, and requires affirmative action by each Plaintiff, to wit: being
`
`injected with an Experimental Use Authorization drug.
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`138. Each Plaintiff, along with many other citizens of the State of Washington, faces
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`termination pursuant to the Mandate and/or has had their Civil Rights infringed upon by the
`
`Mandate.
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`139. Other Plaintiffs, such as Juan Lopez, have had their privacy rights infringed upon
`
`given the invasive nature of the government’s inquiry into the sincerity of his religious beliefs.
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`140. Such invasion has a chilling effect and results in a greater unequal treatment of those
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`holding sincere religious beliefs.
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`COMPLAINT - 16
`
`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
`
`

`

`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 17 of 30
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`
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`141. Means less restrictive than termination exist to accomplish the Government’s purpose,
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`even if it were authorized and/or made for an illegal purpose.
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`142. The Governor is aware that less restrictive means exist.
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`143. At least one fire department is accommodating firefighters and paramedical with
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`masking.
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`144. School districts are accommodating through masking and testing.
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`145. Caitlyn Jekel, the/a senior policy advisor on labor for the Governor’s Office, wrote in
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`an email that the Governor’s Executive Team decided to include an option allowing workers
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`to opt-out of the vaccine in favor of weekly COVID-19 testing, stating: "State government will
`
`start with a testing strategy option and the governor will announce an October 1st review, with
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`the potential to shift to a full mandate at that time."
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`146. The penalties for not taking affirmative action to comply with the Governor’s
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`Mandate and Mandate Amendment are overly severe, punitive, and unconscionable.
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`147. The penalty is further arbitrary and capricious where not tailored to those State
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`employees with natural immunity by virtue of prior infection and/or the ability to perform their
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`duties from home.
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`148. The Mandate is being carried out in a punitive fashion; the Governor’s
`
`Communications lead told a reporter in a document obtained through a Public Records Act
`
`request:
`
`
`
`And, one important development: it is now both state employees AND
`those who work in private medical, longterm care, direct care and
`contact, congregate care settings and service to vulnerable people. That
`way state employees cant just take their unvaccinated selves and go
`work in private sector.
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`COMPLAINT - 17
`
`ARNOLD & JACOBOWITZ PLLC
`2701 FIRST AVENUE, SUITE 200
`SEATTLE, WA 98121
`113 EAST WOODIN AVENUE, SUITE 200
`CHELAN, WA 98816 (THIS ADDRESS DOES NOT ACCEPT SERVICE OF PROCESS)
`
`

`

`Case 3:21-cv-05735-BHS Document 1 Filed 10/05/21 Page 18 of 30
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`
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`149. State and healthcare workers have also been threatened with losing credentials and
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`licensure.
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`150. State and healthcare workers have had their vested pension rights threatened.
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`151. Labor & Industries is refusing to investigate COVID-19 related incidents.
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`152. State and healthcare employees have been threatened they will not be eligible for
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`unemployment benefits.
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`153. Labor & Industries is aware of the adverse effects of the vaccines and has setup a
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`special claims taskforce to address injured state workers.
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`154. The Employment office, presumably as further punish