OLYMPIA, Wash. (Legal Newsline) – Greyhound really wants to take its fight with the Washington attorney general to federal court.
The company is appealing a recent order that remanded AG Bob Ferguson’s lawsuit against it to state court, where it was originally filed. The lawsuit says Greyhound is violating the rights of customers by making them subject to searches by U.S. Customs & Border Protection agents.
It’s a federal issue, Greyhound says. But federal judge Stanley Bastian in Spokane ruled Aug. 21 that Greyhound failed to prove its argument that the case belonged in federal court.
“Defendant argues that its employees were involved in an effort to assist or help the agents carry out their duties and tasks,” Bastian wrote.
“It maintains that it is prohibited from barring CBP agents from boarding or search any of its buses. Contrary to Defendant’s assertions, there is nothing in the Notice that suggests that Defendant is assisting or helping carry out the duties of the CBP.”
Greyhound has consented to CBP agents conducting warrantless and suspicion-less immigration enforcement sweeps, Ferguson says. The company has argued it is required to comply with CBP’s requests.
Ferguson is worried U.S. Customs & Border Protection agents are checking up on minorities – especially Latinos – when they use Greyhound’s buses and facilities in Spokane.
Greyhound had filed a motion to dismiss the lawsuit with Bastian. The U.S. Court of Appeals for the Ninth Circuit will decide Greyhound's appeal.