Washington activist challenges crushing government fines that ignore ability to pay

For two decades, Tim Eyman was Washington’s most prolific citizen activist, sponsoring 17 statewide ballot initiatives. His most notable success, Initiative 695, slashed car tab fees to $30 and proved wildly popular with voters—saving taxpayers an estimated $750 million in its first year alone. Washington’s political establishment despised him for it. 

In 2017, the State sued Tim for campaign finance reporting violations. After years of costly litigation, a trial court imposed $2.6 million in fines plus $2.8 million in attorney fees. With 12 percent interest, the judgment now exceeds $8 million and grows by $700,000 annually.  He cannot pay even one month’s interest. 

The judgment also destroyed Tim’s livelihood. The court ruled Tim was personally a continuing political committee, then barred him from any financial role in political committees—effectively ending his career. When Tim sought treasurers to help him continue his work, every qualified professional refused, explaining that they could not comply with both the injunction and state law. 

Tim appealed, and the appellate court agreed: the trial judge failed to consider ability to pay. But on remand, the trial court looked only at a narrow window in late 2020, before the judgment devastated Tim’s finances and before the injunction killed his career. Because Tim had made $10,000 monthly payments during those few months, the court concluded he could pay millions. Those payments came from dwindling savings, not income. Within months after the judgement, Tim ran out of money. The State forced the liquidation of all his assets, including his home. 

The Eighth Amendment prohibits fines that drive someone into destitution—a protection dating to Magna Carta. Courts must preserve a debtor’s ability to earn a living. Tim argues courts must consider his present inability to pay, not some narrow metric from an arbitrary earlier date. The fines here are impossible to pay and violate the Constitution.