Turner v. Washington Medical Commission
Case Update
Was the government to prescribe to us our medicine and diet, our bodies would be in such keeping as our souls are now.
-An excerpt from Notes on the State of Virginia by Thomas Jefferson (1784)
On July 12, 2023, SMF filed a complaint for Injunctive and Declaratory Relief in Turner v. Washington Medical Commission in Benton County Superior Court to challenge the WMC’s COVID-19 Misinformation position statement under the Administrative Procedures Act and under Washington Constitution, Article I, Section 5. The first claim (Administrative Procedures Act violation) alleges that the State should have followed rule-making processes, which would have allowed for notice and comment on the rule prior to its adoption as well as other violations of the Administrative Procedures Act.
“…Petitioners challenge such rules when adopted under the guise of a non-binding Statement as occurred on September 22, 2021, when the WMC, through a Special Meeting with limited notice and without opportunity for public comment, the Washington Medical Commission (WMC") adopted a position statement on COVID-19 Misinformation ("Statement" or "Position Statement*). No attendance roster of this Meeting was published. The Statement, a gross overreach of the Commission's regulatory authority, is the adoption of an enforceable standard of care.
In this case, the WMC is using the statement as an enforceable rule although it was not adopted with the procedures for such a rule. The Statement implements a specific standard of care and asks the public and practitioners to instigate a complaint if they think a physician or physician assistant is violating the Statement. The WMC has enforced the statement through the mechanism of the Uniform Disciplinary Act ("UDA"). The Statement, acting as a rule, was adopted and implemented outside the WMC's legal rule-making processes violating the Administrative Procedures Act (APA). Thus, the Statement is null and void requiring this court to enjoin it and to issue a declaratory judgment declaring the Statement void ab initio.”
Void ab initio means “void from the beginning.” This means that, legally, because the rule was not properly promulgated (adopted) it was invalid from day one.
The second claim, violation of Washington Constitution, Article I, Section 5, alleges that the Position Statement is invalid if it was properly enacted which we do not concede. The claim also alleges that the Position Statement violates each Plaintiffs’, and all Washington medical professionals’, rights to speak freely on medical treatments.
“Washington Constitution Article I, Section V, Freedom of Speech, reads: "Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right."
We’re excited about this case as we’re seeking to hold the Washington Medical Commission accountable for improperly enacting rules and regulations.
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Silent Majority Foundation (SMF) is a 501(c)(3) organization centered on protecting America's constitution and theological foundation. As founders of SMF, we support, protect and defend the constitution of our United States through education, advocacy, and litigation efforts. SMF will always focus on God and Country as the core of our mission.
I heard comments in a so-called hearing, not public but on-line only when they Commission already had their mind made up, and they just rubber stamped it disregarding any public input. Also visited the local pharmacy in Kennewick on I-365 and 10th to question why they were giving out Covid test kits that were not accurate. John Turner, Benton County