Judge Richard Hicks of Thurston County Superior Court has just granted a temporary restraining order blocking the state from releasing initiative petitions under the state’s Public Records Act.  His decision came Wednesday in response to a lawsuit brought by initiative activist Tim Eyman.

Hicks said he wants to preserve the status quo while awaiting a ruling from the 9th Circuit Court of Appeals, which is considering whether to continue blocking release of petitions submitted for Referendum 71, the domestic-partnership law that is on the statewide ballot.  The appeals court heard oral arguments earlier in the day, giving no indication when or how they would rule.  U.S. District Judge Benjamin Settle last month directed the Secretary of State not to release the R-71 petitions.

Six groups or individuals have requested the R-71 petition sheets.  The only pending public records requests are from Mountlake Terrace lobbyist-consultant Bryan Wahl, who was about to receive petitions on 11 past and present ballot measures.

Judge Hicks heard full arguments from Eyman’s attorney, Shawn Newman, and from Deputy Solicitor General James Pharris, who gave the state’s case.  Hicks then announced he was granting a temporary restraining order, pending the 9th Circuit’s ruling and a full hearing on the merits.

Secretary Reed said the state continues to believe that the voter-approved Public Records Act requires release of the petitions. The public wants transparency, and signing a petition is essentially the public’s way of participating directly in lawmaking, he said. Petition-signing is a public act, not a private expression such as voting, he said.