Stuffy’s II Oral Arguments at the Washington Supreme Court—Classic Hits 100.7 KLOG News

Stuffy’s II appeared before the Washington State Supreme Court yesterday for oral arguments regarding $936,000 in fines over alleged willful violations of COVID-era emergency workplace safety regulations. Stuffy’s chose to remain open despite public health regulations that deemed operations unsafe, and last August the Court of Appeals upheld the fines.

The attorney representing Stuffy’s argued that the fines violated the Eighth Amendment’s ban on excessive fines. The main argument was that the restaurant could not afford to pay. The attorney said the small business has sustained years of losses and has virtually no assets, adding that documents previously submitted supported that claim.

An attorney representing the Washington State Department of Labor & Industries argued that the penalties did not constitute an unconstitutional excessive fine. While acknowledging that the Eighth Amendment applies to corporations, the state contended that ability-to-pay considerations, which protect individuals from ruinous penalties, should not extend to businesses. The state argued that corporations benefit from legal protections like liability shields, and owners should not be able to claim both those protections and individual constitutional safeguards.

During rebuttal, Stuffy’s argued that the $18,000-per-day fines were disproportionate and excessive because they say L&I investigators found no actual harm or increased risk from the restaurant’s operations when the citations were issued. L&I had cited a serious risk of permanent illness or death when writing the regulations.

Stuffy’s II burned down last August. Whether or when the restaurant will reopen remains unclear.