King County Elections is working on a new ballot.

Burien’s Initiative No. 1 will no longer appear on the form. The measure has already been scrubbed from the elections’ web site.

The initiative called for the repeal of the city’s Ordinance 651, which requires that city staff and law enforcement personnel not to inquire about the immigration status or religious affiliation of its residents.

On Thursday, Sept. 14, Judge Elizabeth Berns of the King County Superior Court made a ruling that put a stop to the initiative.

Berns ruled in favor of Burien Communities for Inclusion in their lawsuit against Respect Washington, King County Elections and the City of Burien granting their injunction on all grounds asserted.

Respect Washington, the organization that gathered enough signatures in an earlier petition to get the measure on the ballot, had until the end of the day on Thursday to go to the Court of Appeals – and did not make it in time.

Laura Ewan, an attorney with Schwerin Campbell Barnard Iglitzin & Lavitt LLP, the firm representing the plaintiff, explained that there were a number of reasons the ballot measure was unlawful.

Ewan said the firm had to work in a hurry, since the ballots were supposed to go to print on Sept. 14. They filed a complaint on Friday, Sept. 8.

“We put a pause on that process so we could get in front of a judge,” she said. “We outlined to the court the various legal reasons this should not go on the November ballot.”

Ewan explained that as a city, Burien is subject to different rules about what can be included on a ballot than what pertains to the state.

She said there are two circumstances that would require local initiatives to go through the court review – administrative issues and procedural problems.

“We argued that this particular measure violated both of these,” she said.

Ewan said that the petition exceeded its authority by stripping the power granted by the Legislature to the Burien City Council and by providing improper administrative instruction to city officials.

The petition also used inflammatory language to garner support, Ewan added.

“This petition had a lot of rhetoric,” she said. “It went above and beyond state law for what is supposed to be on a petition.”

The case went to court on Wednesday morning, Sept. 13.

“There were arguments that we waited too long to object,” Ewan said. “There’s no timeline for when you can file an objection.”

In addition, the law firm was able to prove that the very act of placing the measure on the ballot could hurt its clients.

“The harm to our clients is not only emotional; it’s actually potentially physically harmful,” she said. “You’re creating a charged political environment.”

Judge Berns agreed – and made her ruling the following morning.

Ewan explained that the ruling is a “preliminary injunction” – not a final determination by the court.

The law firm’s next step is to obtain a “permanent injunction.”

“It would prevent this particular measure from going on any future ballot,” Ewan said. “It would be a definite ruling, the final nail. It’s not something we’re going to let languish. It’s in the works.”

Members of the Burien Citizens for Inclusion, a political action committee, plan to continue with their fight.

Jennifer Fichamba, a lifelong resident of Burien, said that the group’s next focus is on the election.

“Our first goal is making sure we get the right people in office,” she said. “Otherwise all this effort is for nothing.”

Their long-term goals include finding ways to incorporate a diverse range of communities in the city.

“We’re celebrating our small successes, but we realize it’s not the end,” Fichamba said. “We have to plant our feet. It’s the long game, not the short game.”

Hugo Garcia, who is also a member of the group, is helping to mobilize more people to vote.

He said the whole experience of opposing the ordinance was eye opening for him.

“Before this, I had no idea of how city council worked, none,” he said. “I’ve learned a lot over the past six months.”

At first, he thought he was too busy with work to get involved. He kept an eye on developments in the city through social media. Eventually, he realized he had to take a stand.

“I had to do more than just vote and donate,” Garcia said. “I started going to city council meetings. I was trying to find out what to do to invest my time in, how to really make a difference.”

That’s how he met Fichamba and a whole other group of likeminded individuals. They formed a group called “Burien Represent,” and started having regular meetings.

“We were just connecting people – and making the right connections,” Fichamba said.

After the primary elections, they formed the Burien Communities for Inclusion PAC – to prepare for an organized campaign against the elections.

Safety was a top concern for the group – and providing a voice to underserved minority populations, Fichamba and Garcia explained.

Now that they’ve moved ahead, they plan to do more to empower the Burien community.

“Even though we’re small, we’re pretty mighty,” Fichamba said. “We’re willing to push back.”