A Spokane County superior court judge today ruled in favor of Pacifica Law Group clients the City of Spokane and current and former councilmembers, dismissing all claims in a lawsuit brought against them by self-described Christian Nationalist preacher Sean Feucht.
At issue in the lawsuit was an August 2023 resolution passed by the Spokane City Council that denounced then-Mayor Nadine Woodward after she appeared onstage at an event with Feucht and former State Representative Matt Shea. At the event, Feucht had prayed for “a fire that would consume Spokane” while wildfires burned nearby, forcing hundreds from their homes. The Council’s resolution affirmed the Council’s “pledge to accept and serve all citizens” of Spokane, made only brief mention of Feucht, and took no action against him.
Nevertheless, in June 2024, Feucht sued the city and the councilmembers who voted for the resolution, alleging they violated his federal and state constitutional rights of free speech and religion. The complaint named as defendants current Council President Betsy Wilkerson, Councilmember Zack Zappone, and former councilmembers Lori Kinnear and Karen Stratton, along with the City of Spokane.
In dismissing the lawsuit today, Judge Rachelle E. Anderson agreed with Pacifica’s clients that there was no legal merit to any of Feucht’s claims. The constitution “does not prohibit a legislative body’s expression of its own views on matters of public concern, even if it includes criticism of certain ideas, individuals, or entities,” Judge Anderson wrote. Because the constitution does not “protect[] an individual from being criticized,” Judge Anderson held that the resolution did not burden Feucht’s federal constitutional rights under the Free Speech Clause, the Free Exercise Clause, or the Establishment Clause.
The Court also held that Feucht’s state constitutional claims legally deficient under the governing law. Finally, the Court held that Feucht’s claims were barred by the doctrines of legislative immunity and qualified immunity.
In a joint statement, Mayor Lisa Brown, Council President Betsy Wilkerson and Councilmember Zack Zappone called the decision “a complete victory for the City of Spokane.”
“The Superior Court’s thorough and clear ruling is a complete victory for the City of Spokane,” the statement read. “Today’s decision reaffirms what we have maintained all along: that there was no legal merit to Mr. Feucht’s claims. At a time when extremism is on the rise, it is reassuring that the Court upheld the Constitution and our community’s values.”
Pacifica partner Zach Pekelis and Pacifica associate Scott Ferron represent Spokane and the Councilmembers in the litigation.
