Court dismisses EvCC appeal of public meetings ruling
Published 1:30 am Thursday, May 14, 2026
EVERETT — A court ruled Monday to dismiss an Everett Community College appeal of a judge’s ruling last year ordering the college’s board of trustees to vote before closing its Early Learning Center.
The college had appealed a June 2025 decision from a Snohomish County Superior Court judge, who ruled that the college had circumvented the state’s Open Public Meetings Act by closing the child care center without a board vote or opportunity for public comment. The original lawsuit against the college was filed by Aleena Richie, a parent at the college who had two children enrolled in the center.
In appellate court filings earlier this year, attorneys for the college argued that the judge’s ruling was in error and wrote that the ruling could lead to “absurd” results where minor administrative decisions would need to be subject to the public meetings law.
“The superior court’s ruling imposes OPMA compliance on the President’s Board-delegated operational decisions, which created an ongoing cloud of uncertainty on the authority of the presidents of all State community and technical colleges and governance by their Boards of Trustees. A recurrence of the problem is highly likely, and a ruling is needed for future college decisions,” wrote Usama Ahmed, an assistant attorney general, in a filing for the college.
In response, attorneys for Richie argued that the original case — and the superior court judge’s ruling — was narrow in scope, focusing solely on the Early Learning Center and its closure, not the broader impacts on open public meetings law. They also argued that it would be impossible for the college to receive any relief from a reversal of the judge’s original decision, as the college almost immediately held a meeting and a vote after the ruling last year.
“In fact, the Board’s ability to quickly turn around from its courtroom defeat and choose to comply with the statutory requirements the day after the hearing demonstrates the ease with which the Board is able to comply with the Open Public Meetings Act when it chooses to do so,” wrote James Herr, a Seattle attorney, in a court filing.
In his order dismissing the appeal, Jeremy Rogers, a commissioner in the Court of Appeals Division 1, sided with Herr’s arguments, writing that the judge’s ruling last year was specifically addressing the closure of the Early Learning Center, not a broader look at the state’s public meetings laws.
“The legal issue presented here is quite narrow and does not require authoritative guidance on the interplay of college board governance and OPMA compliance at-large,” Rogers wrote in his ruling.
The Early Learning Center was an early education facility operating at Everett Community College since 1990, serving mostly student-parents and parents with lower incomes. The college closed the center in June 2025, citing a lack of available funding, a decision that drew backlash from students and educators.
Will Geschke: 425-339-3443; william.geschke@heraldnet.com; X: @willgeschke.
