Viaduct measures challenged in court

Longtime monorail backer Peter Sherwin has filed a court challenge to the wording of the two Alaskan Way Viaduct ballot measures on the March 13 ballot.

Under pressure from Gov. Christine Gregoire to put the viaduct issue to a citywide vote, the Seattle City Council agreed to put two measures on an advisory ballot.

One asks if voters want to replace the viaduct with a new six-lane elevated structure. The other asks if they would prefer a so-called four-lane tunnel hybrid that the city claims can cut $1.2 billion from the $4.6 billion cost of a once-proposed six-lane tunnel.

It's the second measure that upsets Sherwin, who supports retrofitting, rather than replacing, the viaduct.

"I don't think this is an honest portrayal," said Sherwin, who ran four campaigns to build a new monorail from Ballard to West Seattle, a project that never got built. "It doesn't show that the state has not approved of 'tunnel lite' nor given any funding to it."

State officials have committed $2.8 billion to replace the viaduct with another elevated highway but say the extra cost of a tunnel must be borne by Seattle taxpayers. They also say the four-lane tunnel option has not been fully studied.

Sherwin said he's not trying to stop the election, which will be conducted entirely by mail, but wants the ballot title rewritten.

He said a hearing on the challenge has been set for Thursday in King County Superior Court. A judge could either accept the ballot title the way it's written, or rewrite it.

The King County elections office said it doesn't expect the challenge to delay the election or the distribution of ballots.

"He's probably got his facts right," said City Council President Nick Licata, of Sherwin's challenge, "but it's up to the judge to decide if it's relevant. I think the title ignores a slew of things voters need to know."

Licata supports building a new elevated highway, not a tunnel.

In his challenge Sherwin argues that the ballot title does not make clear that:

• The state has not agreed to a four-lane tunnel.

• No significant funding has been secured for the tunnel option.

(The city says the funding is secure.)

• Seattle residents may have to pay certain taxes and tolls.

• All cost overruns would be the sole responsibility of the city of Seattle.

Sherwin also contends the ballot should say the shoulders on a four-lane tunnel "will" be used for peak hours, not "could," as is written now.

He also says it's wrong to use the word "hybrid," because it is a marketing term used for "cars, golf clubs, roses, etc." Similarly, referring to the shoulders as "wide shoulders" is unnecessary and prejudicial.

Already the ballot title has been the subject of unusual scrutiny. After the council drafted ballot language Jan. 12, Gregoire complained that the multibillion-dollar construction figures were missing. So the city's law department rewrote the ballot titles, putting in the estimated $3.4 billion for the hybrid tunnel and the $2.8 billion for the elevated rebuild.

The ballot language was not the only challenge aired Monday against the tunnel.

The city of Seattle has said it would save $100 million in the proposed four-lane tunnel by forgoing improvements to the Battery Street Tunnel north of the viaduct on Highway 99.

However, the state Department of Transportation has questioned that move, and Gregoire made it clear Monday she, and legislative leaders, oppose shifting the money.

"The Battery Street Tunnel has safety issues. We put in $100 million to address them. And we have every intent that is going to happen. We owe that to the citizens," Gregoire said.

Staff reporter Andrew Garber contributed to this report. Susan Gilmore: 206-464-2054 or sgilmore@seattletimes.com