Judge Rules in Our Favor
January 17, 2026
Press Release from Fair Fares LLC
We are excited to share a major victory: on January 15, 2025, the Skagit County Superior Court issued a strong ruling written by Judge Kathryn Loring of San Juan County, in Guemes Island's favor, in Orsini et al. v. Board of Skagit County Commissioners (Case No. 25-2-00131-29), appealed under RCW 36.32.330.
The Court has invalidated both challenged resolutions, R20250009 and R20250015, and remanded them to the Board of County Commissioners (Board) for recalculation consistent with County and State of Washington regulations.
Key highlights of the ruling:
- The Court determined that the Board's inclusion of certain capital costs (tied to the 2025 ferry repowering project) in "operating and maintenance" expenses when calculating fares was “arbitrary and capricious and/or contrary to law”. This improperly inflated the farebox recovery target and led to unjustified rate hikes.
- The Court found that the Board's decision to terminate non-expiring punch cards (including COVID-era cards sold without expiration dates and 2018–2023 "convenience cards" marked "no expiry") after December 31, 2025, was “arbitrary and capricious”. The Court stressed that these tickets were explicitly sold with no expiration, and no evidence showed that honoring them conflicted with the shift to electronic ticketing.
This outcome is a substantial win for Guemes Island residents and all ferry users who have faced unfair and inadequately justified fare policies. The 2025 fare resolutions and punch-card cutoff are now void, providing the Board a chance to revisit its policies with more accuracy, transparency, and respect for past commitments.
This ruling specifically addresses the 2025 resolutions. Separately, Fair Fares LLC has filed a new appeal challenging the most recent fare increase, another 30%, for 2026 (adopted via Resolution R20250259 in late 2025). It is unknown at this time how today's decision will impact that ongoing appeal, though we are optimistic that the Court's findings on similar issues—such as cost categorization—could bolster this second appeal.
While the Court upheld some other elements of the Board's prior decisions, this result confirms key flaws in the County's approach and underscores the need for decisions rooted in facts, reason, transparency, and fairness. Fair Fares will stay engaged as the Board addresses the remand and as our 2026 appeal progresses. Continued vigilance, and possibly further support, will be essential in the coming months. Thank you for standing with us.
Link to the full transcript of the ruling: https://drive.google.com/file/d/1exkdy-oVm9kLhoEJPeUxMmaTQekUB3fY/view?usp=sharing
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