WHATCOM COUNTY, Wash. — A private citizen filed a complaint against the Whatcom County Executive Satpal Sidhu, Whatcom County Public Works Director Elizabet Kosa and Whatcom County on April 16, 2024, claiming a proposed Lummi Island ferry fare increase violated the current Whatcom County Code. On January 7, 2025, the court ruled that it agreed but not on all items in the complaint.
The complaint challenged Whatcom County Executive Order 2024-01 that increased ferry fares effective June 1, 2024. The complaint claimed fares were required by Whatcom County Code to include 55% of the ferry’s operating expenses but that some capital and other non-operating costs were being included in the 2024 rate increases.
Disputed expenses included the following.
- expenses related to work on “dolphins” that are components of the ferry docking system
- tideland lease payments to the Lummi Nation
The ruling signed by Judge Evan Jones, recognized that the disputed expenses were included as operating costs and included in calculating the rates ferry riders had been paying since at least the rate increase of June of 2024.
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The court ruled that the expenses relate to work on “dolphins” was inappropriately categorized as an operating expense and therefore could not be included when calculating ferry fares.
The court also ruled that tidelands lease payments could be included when calculating ferry fares.
THEREFORE, consistent with the above Findings and Conclusions, the application for a permanent injunction is GRANTED in part, and DENIED in part. Whatcom County is enjoined from the enforcement Executive Order 2024-01, and is barred from charging to the ferry fare box the $781,923.77 in contested expenses for rebuilding the dolphins in 2022-23, and is barred from implementing any future fare increase until the disputed dolphin rebuild costs are removed from the ferry fare box. The remaining requested relief is denied.
– Whatcom County Superior Court trial ruling (24-2-00720-7 January 7, 2025)
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The Whatcom County Ferry Division’s web page on the Whatcom County website reflected the ruling and its impact.
Attention Ferry Users: We are in receipt of the recent court ruling. The attorneys are meeting the week of January 13, 2025, to determine how this ruling will impact the parties. There will be no changes to our ferry business services until an order is entered reflecting the court’s ruling.
– Whatcom County Ferry Division (undated)
This message remained in place as of the writing of this news story on January 21, 2025.
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