Judge rejects suit by rebel ‘county’
Published 9:00 pm Thursday, September 13, 2001
By Scott North and Warren Cornwall
Herald Writers
MOUNT VERNON — A lawsuit brought against Snohomish County by people seeking recognition for a breakaway government was tossed out of court Thursday by a Skagit County judge who said the dispute ought to be solved elsewhere.
Meanwhile, the self-proclaimed sheriff of "Freedom County" sat in the King County Jail after being arrested Wednesday for allegedly impersonating a police officer.
Supporters of Freedom County claim that in 1995 a majority of people in about 1,000 square miles of north Snohomish County seceded and formed their own government. They have repeatedly failed to gain legal support, losing a series of lawsuits in state and federal courts, all brought without the assistance of lawyers.
The group’s backers earlier this year hired Tim Robbins, a civil attorney with offices in Everett and Stanwood. In July, he filed a lawsuit against Snohomish County and state officials, arguing Freedom County exists because supporters complied with state constitutional provisions for creating new counties.
County and state officials quickly moved to have the case dismissed, arguing that earlier court rulings in Freedom County cases had proved there was no legal basis for the claims. Lawyers for the state and county also argued the state constitution does not give citizens an express right to form their own counties.
Skagit County Superior Court Judge Michael Rickert agreed, but only after listening to roughly 2 1/2hours of legal argument. He said supporters of the breakaway government ought to be pressing their claims in the state Legislature and appellate courts.
Allowing Freedom County backers to argue their case before a Skagit County jury "would prolong this thing for months and months" and still lead only to appeals, the judge said.
Thom Satterlee of Darrington, who claims to be a Freedom County commissioner, said the judge’s ruling will be appealed.
"Today’s ruling wasn’t really a surprise," he said.
About two dozen backers of the secessionist county were in court in Mount Vernon to attend the hearing.
One person conspicuously absent from the court room was Robert Victor Bender, who has claimed to be the Freedom County sheriff and goes by the name Fnu Lnu.
That’s because Bender was dealing with legal problems of his own.
Tukwila police arrested him Wednesday after pulling over his 1987 Mercury because it had expired license plate tabs, police said. He was booked into King County Jail in Seattle for investigation of giving false information, criminal impersonation and resisting arrest.
The criminal impersonation charge stemmed from Bender’s claims that he is a sheriff, said Tukwila police spokesman Lt. Mike Villa.
"I think he just claimed that he was the sheriff of Freedom County," he said. "It sounded like he either had a badge or identification."
Bender was in the King County Jail Thursday evening, held on $1,000 bail, a jail official said.
Snohomish County Sheriff Rick Bart has repeatedly warned Bender that he would be arrested if he attempted to act as a law officer. Bart is continuing to investigate whether trespassing or other charges can be filed against two other Freedom County backers who served liens at the homes of Snohomish County officials Tuesday evening. County councilman Mike Ashley earned Bart’s praise for grabbing a 12-gauge shotgun and chasing away the men when they refused to leave his farm.
You can call Herald Writer Scott North at 425-339-3431
or send e-mail to north@heraldnet.com.
