Town attorney: lawsuit dismissed with prejudice; warns council about new state law restricting DEI

Town counsel updated the Eatonville Town Council on May 5 that a lawsuit filed by a party identified as Toka against the town was dismissed with prejudice earlier in the week, ending that specific case with finality. "The lawsuit was dismissed with prejudice on Monday," the attorney said, and added that the dismissal bars re-raising the same claims by that plaintiff but does not prevent other parties from filing separate suits.

The attorney then provided a broader legal briefing about a recently enacted state measure he identified as Senate Bill 1134, which the attorney said will take effect Jan. 1, 2027. He described the law as imposing significant restrictions on diversity, equity and inclusion (DEI) initiatives at the local-government level, including bans on DEI offices and public spending on DEI programs or training. He warned that local officials could face civil enforcement, potential removal from office, or private litigation with fee-shifting if local actions are found to violate the law.

"These programs, initiatives, official endorsements of DEI concepts… are restricted," the attorney said, summarizing the law’s scope as he understood it. He also said the law may be challenged on constitutional grounds. The attorney characterized the law as having substantial implications for future local events, trainings, contractor work and possible festival grants if those activities are viewed as promoting DEI concepts.

The attorney’s remarks were presented as legal analysis and a caution to the council; no legal action or policy change was proposed at the meeting. Council members heard the briefing and asked to be kept informed of any developments and potential legal challenges.