PORT ANGELES — The Port Angeles City Council has voted to join a lawsuit against the federal government.
“The city’s made a number of major investments in federal grant applications,” City Manager Nathan West said during the council meeting Tuesday night. “These grants have been awarded and are under contract, and it is our goal to ensure those existing grant contracts are upheld.
“The most efficient and cost-effective way to protect our investments is to join with other jurisdictions to protect our local community from being burdened by additional costs that have been committed to by the federal government,” West continued. “We want to ensure that those contracts are adhered to and, for that reason, at this time staff is recommending that council authorizes the city manager to take action necessary to join the King County versus Turner lawsuit.”
The lawsuit, filed May 2, names the defendants as U.S. Department of Housing and Urban Development (HUD) Secretary Scott Turner and HUD; U.S. Department of Transportation (DOT) Secretary Sean Duffy and DOT; and Federal Transit Administration (FTA) Director Matthew Welbes and the FTA.
“The litigation specifically focuses on federal grants focused on housing and urban development and the Department of Transportation,” West said in an interview Thursday. “We have many grants within those categories and receive millions of dollars within those categories.”
At issue are grants which Congress appropriated funds for that are being withheld from recipients unless the recipients agree to new contract stipulations. Those stipulations include denying funds for any program that includes Diversity, Equity and Inclusion (DEI) policies or initiatives.
Grant recipients also are being asked to exclude transgender people and cut off information about lawful abortions.
Grant recipients also will be expected to cooperate with federal immigration enforcement.
“Under the current federal administration, new grant provisions have been developed,” West said in a statement.
“These provisions mandate changes to contracts, despite the city having already negotiated and executed those contracts with the federal administration. At this time, and as a result of these new provisions, we are unsure whether previously awarded grant funds will be disbursed to the city.”
At issue are millions of dollars in grants for capital projects included in the city’s Capital Facilities Plan.
The deadline to join the lawsuit was Wednesday. During Thursday’s interview, West said the city met the deadline to petition the court to allow the city to join as a plaintiff with more than 60 other jurisdictions.
The city is waiting to hear back from the court to see if it has been added as a plaintiff.
During Tuesday’s meeting, council member Lindsey Schromen-Wawrin made the motion to authorize West to petition the court on the city’s behalf.
In speaking to his motion, Schromen-Wawrin said the Trump “regime” is asking the city to sign contracts that allow the federal government to change them at will.
“They’re asking us to give up fundamental values of supporting the health and safety of our community,” he said. ‘They’re violating the contracts clause of the U.S. Constitution, probably the Administrative Procedures Act as well. This is an opportunity for us to try to join in under an existing preliminary injunction issued by a Western District or Washington judge against Trump regime administrative agencies, and it makes the most sense.”
Some of the contract amendments HUD, DOT and the FTA are attempting to add to the grant contracts are specifically in conflict with the Keep Washington Working Act, West said.
“They entail the city being a party to enforcement of immigration in contradiction to Washington state law,” he said.
Those changes also conflict with the city’s mission and goals, according to West’s statement.
In joining this lawsuit, West said, it is the city’s goal to:
• Ensure the city is protected contractually. That means not entering into agreements that can be unilaterally modified.
• Ensure the city’s existing contracts are upheld. Any party, whether it’s a private business or the city of Port Angeles, should expect that all parties in a contract fulfill the obligations of that contract.
• Most importantly, for the protection of the general welfare of this community, we need to ensure that we have predictability in all contracts we execute, West said.
While the city waits to hear back from the court, staff will continue to work with the legal department to develop strategies for federal grant opportunities, West added.
“Our staff does an excellent job pursuing every opportunity for outside grants that bring financial relief to our community,” he said. “I’m grateful for their dedication and hard work.”
The full lawsuit can be viewed at tinyurl.com/PDN-Lawsuit.
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Reporter Emily Hanson can be reached by email at emily.hanson@peninsuladailynews.com.
