Longshoremen Union-Backed Attempt to Recall Washington Sherriff Fizzles

An ILWU-backed effort to recall the Cowlitz County, WA Sheriff failed this week after a Washington judge ruled that none of the charges raised by the Longshormen's local met any of the legal requirements for a recall election.

[Judge] Warning said his ruling was based on the fact that union offered no witnesses to demonstrate there was a good-faith belief that the claims were based on actual incidents. Warning also said elected officials have broad discretion to carry out their duties and can't be recalled based on actions of their subordinates, such as deputies making arrests.

[Sherriff] Nelson said after the ruling that he was relieved to be able "to get back to work." He added the recall was a "distraction" that's "taken up far, far too much time, and I want to get back to doing the things the sheriff ought to be doing."

During the hearing he said that he's urged both sides to follow the law since the protests began but had to make arrests "once unlawful actions began."

"I respectfully submit I've done nothing wrong except work to keep the peace," Nelson told Warning.

There has been some speculation the recall and a federal civil rights lawsuit were attempts to intimidate law enforcement to back off at future protests.

"If that's true, those people don't know me very well," Nelson said after the hearing.

Union officials said they were disappointed with the ruling and needed time to "regroup" before deciding if they'll appeal to the state Supreme Court.

During the hearing, ILWU lawyer Laurie Davis repeatedly said Nelson had failed to protect union members from harm and that voters should get to decide if he remains in office. She acknowledged that many union supporters have been arrested, but said it was how they were arrested and treated that the union questioned.

"Just like we are accountable for the behavior we did, he's accountable for not supervising his subordinates and keeping them from injuring us," Davis said. "It's his job to protect every citizen in Cowlitz County, and that includes ILWU members."

Warning said he was surprised the union didn't have any witnesses, saying the roughly hour-long hearing concluded much more quickly than he had expected. Officials had reserved the courtroom for the entire day.

The recall effort was launched just weeks after members of ILWU Local 21 raided a grain unloading facility in Longview, WA with baseball bats and axe handles taped to picket signs before dumping grain and cutting the air lines on a parked freight train and wrecking a vehicle belonging to one of the port's security gurads.