Stephen Graham represented Ferry County. Argument was heard from both sides and all briefing was considered. I. Petitioner s Motion for Change in Location of Hearing. Petitioner argued he cannot get a fair hearing in the present environment and would not feel comfortable with the county providing protection. The County did not present oral argument.
Motion is denied.
Respondent s Motion on Issue A. Ferry County s position was that the Petitioner did not have standing due to his failure to comment on this issue, or that this action should have been brought as a failure to act claim. Petitioner argued the County failed to make records available and did not accommodate his hearing impairment and that this violated RCW 36.70A.140. The County argued Petitioner s allegations should be brought under the Americans with Disability Act or the State Public Disclosure laws and the Hearings Board lacked jurisdiction. The County argued they did not realize the nature of the Petitioner s claim and requested an extension beyond the 180 days. The County s motion to dismiss for lack of standing and motion to make more definite and certain are denied.