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FILED 2020 APR 15 03:43 PM 1 KING COUNTY THE HONORABLE BRIAN M. MCDONALD SUPERIOR COURT CLERK 1 E-FILED CASE #: 20-2-07428-4 SEA 2

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8 IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON 9 IN AND FOR KING COUNTY 10 WASHINGTON LEAGUE FOR 11 INCREASED TRANSPARENCY & ETHICS, a Washington non-profit No. 20-2-07428-4 SEA 12 corporation; JOHN DOE and JANE DOE 1- 13 1,000, FIRST AMENDED COMPLAINT FOR BREACH OF THE WASHINGTON 14 Plaintiff, CONSUMER PROTECTION ACT RCW 19. 86 15 v.

16 , a Delaware 17 corporation; NETWORK, LLC, a Delaware corporation d/b/a FOX NEWS 18 CHANNEL; NETWORK, a for profit company d/b/a/ FOX BUSINESS; 19 JOHN MOE and JANE MOE, 1-100,

20 Defendants. 21 Plaintiff(s) Washington League for Increased Transparency & Ethics, a Washington 22 non-profit corporation (WASHLITE) and JOHN DOE and JANE DOE 1-1,000 allege: 23 24 25 First Amended Complaint - 1 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 I. PARTIES 1 1.1 WASHLITE is a domestic non-profit corporation registered in the state of

2 Washington. The League’s Board is composed of David Koenig, Sherry Bockwinkel, Lori 3 Shavlik, and Arthur West, and the organization has members throughout the State of 4 Washington, including King County, Washington. WASHLITE members have written 5 6 contracts for the provision of cable television services in their residences and/or businesses.

7 1.2 JOHN DOE and JANE DOE 1-1,000 are representative of consumers in

8 Washington State who have written contracts for the provision of cable television services in

9 their residences and/or businesses and those consumers and/or persons located in Washington 10 State who do not. 11 1.3 Defendant Fox Corporation is a Delaware corporation, doing business in King 12 County, Washington, through a variety of its subsidiary companies identified herein and 13

14 otherwise. 15 1.4 On information and belief, there are four divisions of the Fox Corporation: Fox

16 Entertainment, Fox News Media and the Fox News Group. 17 1.5 On information and believe, the Fox News Media division includes, either 18 directly or through subsidiary companies, the Fox News Network, LLC, a Delaware 19 corporation which does business as the “Fox News Channel. ” The Fox News Network’s 20 principal place of business in Washington State is located at 2200 Sixth Avenue, Suite 815, 21

22 Seattle, Washington 98121 located in King County. 23 24 25 First Amended Complaint - 2 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 1.6 Additionally, on information and belief, the Fox News Media division also 1 includes the Fox Business Network which does business as “Fox Business. ” The state of 2 incorporation of the Fox Business Network is unknown. 3 1.7 Defendants John Moe and Jane Moe, 1-100 are other companies owned by Fox 4 which do business in Washington State related to Fox’s provision of cable television 5 6 programming in the state.

7 1.8 The Fox Corporation, the various divisions thereof, the Fox News Network and

8 the Fox Business Network are sometimes collectively referred to herein as “Fox. ” 9 II. JURISDICTION 10 2. 1 This court has jurisdiction over this matter. 11 III. VENUE 12 3. 1 Venue is proper in this court. 13

14 IV. FACTS 15 4.1 Fox is a part of an international media empire owned and controlled by the 16 Murdoch Family (Family). In addition to Fox, the Family’s holdings include media outlets in

17 the United Kingdom, Australia and New Zealand. Fox operates within the United States of 18 America and Canada. 19 4.2 Fox provides broadcast television services and cable television services in the 20 United States including Washington State. In Washington State, its broadcast television stations 21 include KCPQ located in Seattle, Washington, KFFX located in Pendleton, Oregon and 22 23 broadcasting into Washington State, and KAYU located in Spokane, Washington. 24 25 First Amended Complaint - 3 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.3 Fox’s cable television services are a separate and distinct operation from its 1 broadcast television stations located in Washington State. Through these cable television 2 services, Fox provides programming in general entertainment, news, business news, weather 3 and sports. 4 4.4 Consumers in Washington State purchase access to cable television 5 6 programming such as those provided by Fox through a subscription service offered by

7 Comcast/Xfinity, AT&T, Spectrum Cable Services, DISH TV and other similar services.

8 4.5 In general, and on information and belief, each of the subscription services such 9 as Comcast/Xfinity, AT&T, Spectrum Cable Services, DISH TV and the like all disclaim 10 involvement regarding the creation of any content provided by FOX or other programming 11 provided by third parties who access the telecommunications infrastructure provided by 12 13 Comcast/Xfinity, AT&T, Spectrum Cable Services, DISH TV and the like.

14 4.6 By way of an example, the Comcast Agreement for Residential Services

15 agreement specifically states:

16 You should address questions or concerns relating to such services, equipment, 17 infrastructure, and content to the providers of such services, equipment, infrastructure, and content. We do not endorse or warrant any third-party 18 products, services, or content that are distributed or advertised over the Services(s). 19 4.7 On information and belief, Comcast/Xfinity, AT&T, Spectrum Cable Services, 20 DISH TV and the like have similar provisions in their contracts with consumers, be they 21

22 residential service or commercial services to businesses.

23 4.8 On information and belief, the Fox Corporation, either directly or through its

24 various subsidiary companies, has contracts with Comcast/Xfinity, AT&T, Spectrum Cable 25 First Amended Complaint - 4 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 Services, DISH TV and the like. Through these contracts, Fox accesses the cable television 1 network built by these companies and televises its cable television programming through that 2 infrastructure. Under these agreements, Fox receives payment from Comcast/Xfinity, AT&T, 3 Spectrum Cable Services, DISH TV and the like which is payment is a portion of the fees paid 4 by Washington Consumers for these services. 5 6 4.9 By way of an example Comcast/Xfinity, which is the exclusive provider of cable

7 television services for the City of Seattle pursuant to a Cable Television Franchise Agreement

8 (under the name Comcast Cable Communications Management LLC) provides a variety of 9 products which bundle various cable television channels into one package. As of the date of 10 this First Amended Complaint, Comcast/Xfinity provides to consumers in the City of Seattle a 11 variety packages which include a variety of channels in excess of 220 options. On information 12 13 and belief, other cable television service providers have similar purchase options.

14 4.10 When purchasing one of these programming packages from entities such as

15 Comcast/Xfinity, AT&T, Spectrum Cable Services, DISH TV and the like, apart from a limited

16 basic cable option, a Washington Consumer purchases the full group of channels. They do not 17 have the option to “opt out” of receiving any of the channels provided in the package. These 18 services are thus offered as a bundle, and not as a cafeteria plan. 19 4.11 Two of the channels provided by Fox and included in the programming 20 21 packages offered in Washington State is the Fox News Channel and the Fox Business Channel.

22 Because of the agreements Fox has with entities such as Comcast/Xfinity, AT&T, Spectrum

23 Cable Services, DISH TV and the like, the Fox News Channel and the Fox Business Channel 24 25 First Amended Complaint - 5 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 are ubiquit ous in Washington State and the United States, both in subscriber’s residences and in 1 businesses . 2 4.12 As of September 2018, approximately 87,118,000 United States households (90. 3 8% of television subscribers) had the Fox News Channel through a cable subscription. 4 4.13 In 2019, the Fox News Channel was identified the top-rated cable network 5 6 averaging 2. 5 million viewers daily in the United States.

7 4.14 The Fox News Channel’s present programming lineup includes the following

8 programs running each day of the week on a twenty-four hour rotation: 9 4.4.1 Fox & Friends First with hosts Heather Childers, and 10 Jillan Mele. The program is described as “Fox & Friends First airs on Fox News Channel every 11 weekday from 4 am to 6 am ET. Watch your favorite hosts report on the day’s headlines and 12 13 latest news in health, legal issues, politics and lifestyle. ”

14 4.4.2 Fox & Friends with hosts Ainsley Earnhardt, and Steve

15 Doocy which is described as “Mornings are always a good time with friends! Join hosts

16 Ainsley Earhardt, Brian Kilmeade and . ” 17 4.4.3 America’s Newsroom with hosts and which is 18 described as “The people making headlines, the events shaping our world and the news that 19 matters to you on only ‘America’s Newsroom’. ” 20 21 4.4.4 Outnumbered with hosts and Melissa Francis described

22 as “They’re outspoken … out of the box … outrageous & outstandingly smart! And he’s …

23 outnumbered. !” 24 25 First Amended Complaint - 6 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.4.5 Outnumbered Overtime with host Harris Faulkner described as “Harris 1 Faulkner continues the conversation on the top news stories by utilizing the resources of FNC 2 journalists in the field and newsmaker interviews. ” 3 4.4.6 The Daily Briefing with host described as “Dana Perino 4 hosts The Daily Briefing at 2 PM/ET, an hour often dominated by breaking news and more 5 6 from Washington and around the Nation. ”

7 4.4.7 Reports with host Bill Hemmer described as “Bill Hemmer

8 Reports' teams state-of-the-art newsgathering technology with Fox News Channel's leading 9 correspondents to provide a comprehensive look at developing stories around the world. ” 10 4.4.8 Your World with with host Neil Cavuto described as 11 “Listen to Neil Cavuto talk about the daily headlines and news in the market every weekday at 12 13 4pm EST. ”

14 4.4.9 with hosts Dana Perino, , , Juan

15 Williams described as “The team discusses the latest issues in news. ”

16 4.4.10 Special Report with with host Bret Baier Join host Bret Baier 17 and Fox's Team Washington to find out what's happening inside the Beltway and on the world 18 stage. 19 4.4.11 The Story with Martha MacCallum with host Martha MacCallum 20 21 described as “Each night at 7pm EST, Martha MacCallum will take you deeper than ever

22 before into the stories that matter to you. In these historic and complicated times, you deserve

23 to see these stories presented through a fair and critical lens. ” 24 25 First Amended Complaint - 7 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.4.12 Tonight with host Tucker Carlson described as “Tucker 1 Carlson Tonight brings you spirited debate and powerful reporting on the issues you care about 2 each weeknight at 8pm. ” 3 4.4.13 with host described as “Candid, controversial, 4 and completely unleashed, Sean brings you political news of the day!” 5 6 4.4.14 with host described as “The

7 Ingraham Angle cuts through the Washington chatter speaking directly with unexpected voices

8 and the actual people who are impacted by the news of the day. ” 9 4.4.15 Fox News @ Night with with host Shannon Bream 10 described as “Fox News @ Night is a live hour of hard news and analysis of the most 11 compelling stories from Washington and across the country. ” 12 13 4.4.16 Justice with Judge with host Judge Jeanine Pirro (ret. )

14 who is described as a television host and legal analyst for the Fox News Channel.

15 4.4.17 And through March 27, 2020, Trish Regan who hosted “Trish Regan

16 Primetime” on the Fox Business Network. 17 4.15 Each of these programs, and others at the Fox News Channel, purport to present 18 news stories of the day interspersed with the opinion of the television host(s) and/or the guests 19 appearing on the program. At all relevant times, none of these programs offered a disclaimer or 20 21 notice to the viewer when opinions are being offered as a means of distinguishing between

22 factual reporting and opinion.

23 4.16 In November 2019, a case of illness relating to a pneumonia of an unknown 24 cause first appeared in the Hubei Province of China. This pneumonia of an unknown cause 25 First Amended Complaint - 8 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 would later be identified as a novel coronavirus and COVID-19 by the World Health 1 Organization (WHO). In essence, the use of the term “novel” with regard to any virus means 2 that the described virus had not been detected by the scientific community and that human 3 beings had no immunity to it. 4 4.17 On or about December 27, 2019, Zhang Jixian, a doctor from Hubei Provincial 5 6 Hospital of Integrated Chinese and Western Medicine, informed China’s health authorities that

7 the pneumonia of an unknown cause was caused by a new coronavirus. By this date, 180

8 people in China had been infected. 9 4.18 On December 31, 2019, a report was made to the WHO’s Country Office in 10 China regarding a pneumonia of an unknown cause. By this date, 266 people in China had been 11 infected. 12 13 4.19 On January 3, 2020, the China, through a variety of its health organizations,

14 conducted epidemiological and etiological investigations regarding this pneumonia of unknown

15 origin. Through this work, the first complete genome of the novel β genus coronaviruses (2019-

16 nCoVs) was identified in samples of bronchoalveolar lavage fluid (BALF) from a patient from 17 Wuhan, Hubei Province, China. It further warned the United States Government of the 18 outbreak. 19 4.20 On January 11, 2020, China reported the death of one of its citizens from this 20 21 the novel coronavirus. This was the first known death of a human being from the

22 pneumonia of unknown origin which was then being commonly referred to as the “coronavirus.

23 ” 24 25 First Amended Complaint - 9 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.21 On January 20, 2020, both Thailand and South Korea reported that a first case of 1 the pne umonia of unknown cause had appeared in each country. 2 4.22 On January 21, 2020, Washington State reported that a citizen who had recently 3 been to China, had be diagnosed with the coronavirus. This was the first reported case in the 4 United States. 5

6 4.23 On January 23, 2020, China imposed a lockdown of citizens located in the City

7 of Wuhan in an effort to curb the coronavirus. It also suspended flights, train service, subway

8 service and general transit service to and from Wuhan in this effort. 9 4.24 On January 26, 2020, the Bill & Melinda Gates Foundation (Gates Foundation) 10 committed $10 million to the Global Response to the 2019-nCoV. The Gates Foundation made 11 the following statement regarding this commitment: “The foundation is committing $5 million 12 13 to the 2019-nCoV response in China and is already working with a range of Chinese public and

14 private sector partners to accelerate national and international cooperation in areas of critical

15 need, including efforts to identify and confirm cases, safely isolate and care for patients and

16 accelerate the development of treatments and vaccines. ” 17 4.25 On January 30, 2020, the WHO declared a public health emergency of 18 international concern relating to the novel coronavirus. 19 4.26 On January 31, 2020, in response to many warnings by health officials in the 20 21 Federal Government and through out the Country, the United States Department of Health and

22 Human Services Secretary Alex Azar declared a National Public Health Emergency beginning

23 on January 27, 2020. Under this declaration, US Citizens who returned to the United States 24 who had then recently been in China’s Hubei Province were subject to a mandatory 14 day 25 First Amended Complaint - 10 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 quarantine period. This declaration was issued under section 319 of the Public Health Service 1 Act (42 U. S. C. 247d) in response to the novel coronavirus. 2 4.27 In connection with this Declaration, President Trump restricted travel to and 3 from China in an effort to stop the spread of the novel coronavirus. 4 4.28 On February 2, 2020, a man in the Philippines died from the novel coronavirus. 5 6 This was the first reported death from the coronavirus outside of China. At this point, 360

7 people had died worldwide from the disease.

8 4.29 On February 5, 2020 the following occurred: 9 4.29.1 The Diamond Princess cruise ship was detained off the coast of 10 Yokahama, Japan as passengers(s) with United States Citizens onboard were tested for the 11 novel corona virus. By February 13, 2020, 218 of the passengers had tested positive for the 12 13 disease which at that time was the largest group of people outside of China who had tested

14 positive. It was later determined that 621 people aboard the ship were infected.

15 4.29.2 The Gates Foundation dedicated an additional $100 million to funding

16 the novel coronavirus response. The Gates Foundation made the following statement with 17 regard to this commitment: “The foundation will provide up to $100 million to improve 18 detection, isolation and treatment efforts; protect at-risk populations in Africa and South Asia; 19 and accelerate the development of vaccines, drugs and diagnostics. ” 20 21 4.30 On February 6, 2020, a United States Citizen who had been diagnosed with the

22 novel coronavirus died at Jinyintian Hospital in Wuhan, China. 23 24 25 First Amended Complaint - 11 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.31 On February 7, 2020, a Chinese physician who warned against the coronavirus, 1 and who was disciplined by the Chinese government for doing so, died from the d isease in 2 Wuhan, Hubei Province, China. 3 4.32 On February 11, 2020, the WHO officially named the pneumonia of unknown 4 origin/the novel coronavirus to COVID-19. The name is an abbreviation as follows: “Co” 5 6 stands for coronavirus “Vi” stand for virus “D” stands for disease and 19 refers to the year

7 2019 the year of its appearance. COVID-19 is an airborne respiratory virus which spreads

8 primarily through droplets generated when an infected person cough, or sneezes, or through 9 droplets of saliva or discharge from the nose. It is highly contagious and as of the date of this 10 amended complaint, there is no immunity to the disease and no vaccine against it. Without 11 taking steps to prevent its spread, COVID-19 was predicted to have an exponential rate of 12 13 infection and death by medical professionals located in the United States and throughout the

14 World.

15 4.33 On February 13, 2020, Chinese officials reported that 48,206 people had been

16 infected with COVID-19 of whom 1,130 had died from the disease. 17 4.34 On February 14, 2020, France reported its first death from COVID-19. 18 4.35 By February 20, 2020, the WHO reported 76,000 cases of COVID-19 19 worldwide. 20 21 4.36 On February 21, 2020, a church in South Korea laws linked to a number of

22 infections in the Country. South Korea reported over 200 cases of COVID-19 and took

23 immediate steps to curb the spread of the disease by shutting schools, community centers and 24 nursing homes. It also stopped political rallies in the country. 25 First Amended Complaint - 12 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.37 On February 23, 2020, Italy faces 150 cases of COVID-19. In the Lombardy 1 region, a number of towns were closed, schools closed and public events cancelled in an effort 2 to curb the disease. 3 4.38 On February 24, 2020, the Trump Administration asks Congress for $1. 25 4 billion in emergency funds to prepare a response to COVID-19 in the United States. 5 6 4.39 Also on February 25, 2020, Dr. Nancy Messonnier, director of the National

7 Center for Immunization and Respiratory Diseases, warned that the spread of the COVID-19 to

8 the United States was imminent. She advised that social distancing measures be taken including 9 closing schools and shuttering business and allowing employees to work from home. By this 10 point, the United States had 57 cases, 40 of which were related to the Diamond Princess cruise 11 ship in Japan. 12 13 4.40 On information and belief, at the end of February 2020, Amazon,

14 Google and Microsoft directed their employees located in Seattle, Washington, to work from

15 home and refrain from working at company sites through the end of March 2020.

16 4.41 On February 26, 2020, the following occurred: 17 4.41.1 On February 26, 2020, two people died from the COVID-19 virus in 18 King County, Washington. 19 4.41.2 The State of California reported a case of COVID-19 in a person who 20 21 then had no recent travel history to China. This case was the first reported case in the United

22 States of a suspected of local transmission of the disease.

23 4.41.3 The first known case of COVID-19 was reported in Latin America by 24 Brazilian health officials. 25 First Amended Complaint - 13 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.41.4 Gonzaga University School of Law cancelled its Gonzaga in Florence 1 Academic Program due to the outbreak of COVID-19 in Italy. 2 4.42 On February 27, 2020, Bothell High School located in Bothell, Washington, 3 closed after a family member of an employee fell ill after international travel. The school was 4 closed for two days for deep cleaning. 5 6 4.43 On February 27, 2020, Mr. Hannity stated live and on-air: “zero people in the

7 United States of America have died from the coronavirus” thereby calling into doubt the

8 warnings of public health officials. These statements contradict the Trump Administration’s 9 formal declaration of a national health emergency at the end of January 2020. 10 4.44 On February 28, 2020, the following occurred: 11 4.44.1 Italy reported that 800 people had been infected with COVID-19. It was 12 13 also reported that the disease was spreading through Europe.

14 4.44.2 Sub-Saharan Africa reported its first infection of the disease.

15 4.44.3 Jackson High School in Mill Creek, Washington closed in the afternoon

16 after a student tested positive for COVID-19. 17 4.44.4 Mr. Hannity, during his evening program entitled “Hannity” stated that 18 COVID-19 was an invention of the political left in an effort to “bring down the President. ” 19 This statement has no basis in fact and had the effect of diminishing the warnings of public 20 21 heald officials. These statements were also contrary to the Trump Administration’s formal

22 position that the novel coronavirus constituted a national health emergency as declared by

23 Secretary Azar in late January 2020. 24 25 First Amended Complaint - 14 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.44.5 Fox personality stated live and on-air “The far more 1 deadly, more lethal threat right now is not the coronavirus, it’s the ordinary old flu. No body 2 has died yet in the United states as far as we know from this disease. ” These statements not 3 only questioned the warnings of public health official they also contradicted the Trump 4 Administration’s formal declaration of a national health emergency at the end of January 2020. 5 6 4.45 On February 29, 2020, the following occurred:

7 4.45.1 A man died from COVID-19 at Evergreen Health Medical Center

8 located in Kirkland, Washington. The deceased had no travel history to China. This the first 9 reported death in the United States from the disease. 10 4.45.2 Governor Inslee declared a State of Emergency in the State of 11 Washington by a Proclamation 20-05 relating to COVID-19. 12 13 4.45.3 The number of global COVID-19 cases had risen to 87,000.

14 4.45.4 The Trump Administration issued “do not travel” warnings to parts of

15 Italy and South Korea and banned all travel to Iran and banned entry into the United States to

16 any foreign citizen who had visited Iran within the previous 14 days. 17 4.46 On March 1, 2020, the following occurred: 18 4.46.1 A second person died in King County, Washington from COVID-19. 19 This person was linked to the Life Care Center of Kirkland which is a Skilled Nursing and 20 21 Rehabilitation Center.

22 4.46.2 More school districts close K-12 schools in Washington State in an effort

23 to stop the spread of COVID-19. 24 25 First Amended Complaint - 15 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.47 On March 2, 2020, Fox personality Dr. Drew Pinsky state live and on-air: “It’s 1 milder than we thought…the fatality rate is gonna drop. ” These statements contrad ict the 2 Trump Administration’s formal declaration of a national health emergency at the end of 3 January 2020 and Governor Inslee’s declaration of an emergency in Washington State. 4 4.48 On March 3, 2020, the following occurred: 5 6 4.48.1 The Center for Disease Control (CDC) lifted all restrictions on testing

7 for COVID-19 so as to increase the number of tests given in an effort to combat the disease.

8 4.48.2 The WHO reported more than 90,000 cases worldwide with 9 approximately 3,000 deaths. 10 4.48.3 Ohio Governor Mark DeWine announced a ban on spectators at the 11 Arnold Classic, a popular sports festival in Ohio. 12 13 4.48.4 Fox personality Jesse Watters stated live and on-air: “If I get it, I’ll beat

14 it. I’m not afraid of the coronavirus and no one else should be that afraid either” thereby

15 diminishing the warnings of public health officials. These statements contradict the Trump

16 Administration’s formal declaration of a national health emergency at the end of January 2020 17 and Governor Inslee’s declaration of an emergency in Washington State as such statements 18 minimized the lethality of COVID-19. 19 4.49 On March 4, 2020 the following occurred: 20 21 4.49.1 The Washington Supreme Court issued Order No. 25700-B-602

22 authorizing the Presiding Judges of the Washington courts “to adopt, modify, and suspend

23 court rules and orders, and to take further actions concerning court operations, as warranted to 24 address the current public health emergency” posed by COVID-19. 25 First Amended Complaint - 16 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.49.2 The Gates Foundation committed $5 million to assist public health 1 agencies in the greater Seattle area respond to COVID-19. With regard to this commitment, the 2 Gates Foundation stated: “The foundation will work in coordination with Public Health-Seattle 3 & King County, the Washington State Department of Health, and the U. S. Centers for Disease 4 Control and Prevention to help them enhance their capacity to detect and treat COVID-19 and 5 6 guide public health efforts to reduce transmission. Part of this effort will explore how the

7 resources of the Seattle Flu Study could be pivoted toward emergency efforts to monitor and

8 respond to COVID-19. ” 9 4.50 On Friday, March 6, 2020, the following occurred: 10 4.50.1 The University of Washington moved all classes and finals for Winter 11 Quarter online in an effort to stop the spread of COVID-19 for the Seattle, Bothell and Tacoma 12 13 campuses.

14 4.50.2 Starbucks, another Seattle based company, was notified that one of its

15 employees at a store located at First Avenue and University Street had tested positive for

16 COVID-19. 17 4.50.3 The Emerald City Comic Con was postponed in an effort to stop the 18 spread of COVID-19 after consulting with local health authorities in King County. 19 4.50.4 Fox contributor Dr. Marc Seigel stated live and on-air: “This virus 20 21 should be compared to the flu because at worst…at worst … worst case scenario it could be the

22 flu" thereby diminishing the warnings of public health officials. These statements contradict the

23 Trump Administration’s formal declaration of a national health emergency at the end of 24 25 First Amended Complaint - 17 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 January 2020 and Governor Inslee’s declaration of an emergency in Washington State as such 1 statements minimized the lethality of COVID-19. 2 4.51 On March 7, 2020, Fox personality Judge Jeanine Pirro (ret. ) stated live and on- 3 air: "It’s a virus…like the flu…the talk about coronavirus being much more deadly doesn’t 4 reflect reality. ” These statements contradict the Trump Administration’s formal declaration of 5 6 a national health emergency at the end of January 2020 and Governor Inslee’s declaration of an

7 emergency in Washington State as such statements minimized the lethality of COVID-19.

8 4. 52 On March 8, 2020, Fox personality Pete Hegspeth stated live and on-air, “The 9 more I learn about coronavirus, the less concerned I am” thereby minimizing the warnings of 10 public health officials. These statements contradict the Trump Administration’s formal 11 declaration of a national health emergency at the end of January 2020 and Governor Inslee’s 12 13 declaration of an emergency in Washington State as such statements minimized the lethality of

14 COVID-19.

15 4.53 On March 9, 2020, the following occurred:

16 4.53.1 Fox personality Laura Ingraham stated live and on-air when discussing 17 COVID-19 “and the facts are actually pretty reassuring, but you’d never know it watching all 18 this stuff” thereby diminishing the warnings of public health officials. These statements 19 contradict the Trump Administration’s formal declaration of a national health emergency at the 20 21 end of January 2020 and Governor Inslee’s declaration of an emergency in Washington State as

22 such statements minimized the lethality of COVID-19.

23 4.53.2 Fox personality Lou Dobbs stated live and on-air accused “the left wing 24 media playing up fears of the coronavirus. ” These statements contradict the Trump 25 First Amended Complaint - 18 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 Administra tion’s formal declaration of a national health emergency at the end of January 2020 1 and Governor Inslee’s declaration of an emergency in Washington State as such statements 2 minimized the lethality of COVID-19. 3 4.53.3 Mr. Hannity on his program stated: “This is scaring the living hell out 4 of people—I see it, again, like, let’s bludgeon Trump with this new hoax. ” Mr. Hannity 5 6 further downplayed the risk of COVID-19 to everyone except older individuals and those who

7 are immune-compromised. Again, these statements do not comport with the Trump

8 Administration’s declaration of a national health emergency in late January 2020 and Governor 9 Inslee’s declaration of an emergency in Washington State as such statements minimized the 10 lethality of COVID-19. 11 4.53.4 Trish Regan, on her then program on the Fox Business Channel stated, 12 13 with the statement “Coronavirus Impeachment Scam” in a chyron sharing the screen with her:

14 The chorus of hate being leveled at the President is nearing a crescendo as Democrats blame him -- and only him -- for a virus that originated halfway 15 around the world. This is yet another attempt to impeach the President. And sadly it seems they care very little for any of the destruction they are leaving in 16 their wakes. Losses in the stock market, all this unfortunately just part of the 17 political casualties for them. 18 And, like with the Robert Mueller investigation, like with the Ukraine-gate, they don’t care who they hurt, whether it be their need to create mass hysteria to 19 encourage a massive sell-off in an overly anxious stock market or, to create mass hysteria in order to stop our economy dead in its tracks. 20 There is no factual support for these statements or other similar statements made by Ms. 21

22 Regan during this program. Moreover, throughout her March 9 program, Ms. Regan failed to 23 mention the number of Americans who had died from COVID-19 by that date or any who were

24 afflicted with the disease. Neither did she mention the WHO’s characterization of COVID-19 25 First Amended Complaint - 19 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 as a pandemic or the various CDC warnings regarding the disease. Ms. Regan’s statements 1 contradict ed the Trump Administration’s formal declaration of a national health emergency at 2 the end of January 2020 and Governor Inslee’s declaration of an emergency in Washington 3 State as such statements minimized the lethality of COVID-19. 4 4.54 On March 10, 2020, the following occurred: 5 6 4.54.1 The Gates Foundation announced a joint effort with Wellcome and

7 Mastercard Launch Initiative to speed development and access to therapies for COVID-19. The

8 Gates Foundation stated: The Gates Foundation and Wellcome are each contributing up to $50 9 million, and the Mastercard Impact Fund has committed up to $25 million to catalyze the initial 10 work of the accelerator. The Gates Foundation’s funding is part of its up to $100 million 11 commitment to the COVID-19 response announced last month. ” 12 13 4.54.2 Fox personality Ed Henry stated live and on-air: “when you hear the

14 context its not quite as scary. ” This statement called into doubt the warnings of public health

15 officials. These statements contradict the Trump Administration’s formal declaration of a

16 national health emergency at the end of January 2020 and Governor Inslee’s declaration of an 17 emergency in Washington State as such statements minimized the lethality of COVID-19. 18 4.54.3 Sean Hannity had Dr. Anthony Fauci as a guest on his program 19 “Hannity. ” Dr. Fauci is a physician and immunologist who is the director of the National 20 21 Institute of Allergy and Infectious Disease. He is an integral part of President Trump’s

22 Coronavirus Task Force assembled to combat COVID-19 in the United States. In this program,

23 Mr. Hannity suggested and/or implied that COVID-19 was a hoax. Mr. Hannity’s statements 24 contradict the Trump Administration’s formal declaration of a national health emergency at the 25 First Amended Complaint - 20 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 end of January 2020 and Governor Inslee’s declaration of an emergency in Washington State as 1 such statements minimized the lethality of COVID-19. 2 4.54.4 Fox personality , stated she was more concerned with 3 stepping on a used heroin needle than contracting the coronavirus thereby diminishing the 4 warnings of public heal officials. These statements contradict the Trump Administration’s 5 6 formal declaration of a national health emergency at the end of January 2020 and Governor

7 Inslee’s declaration of an emergency in Washington State as such statements minimized the

8 lethality of COVID-19. 9 4.55 On March 11, 2020, the following occurred: 10 4.55.1 The WHO declared the COVID-19 outbreak a pandemic. 11 4.55.2 President Trump halted all travel between the United States and Europe 12 13 other than Britain in an effort to curb the spread of COVID-19. The President also stated that

14 $50 billion in federal funds would be made available to the several states and territories to help

15 combat the disease. President Trump informed the Nation of this decision by a national address

16 from The Oval Office. 17 4.55.3 Governor Inslee banned events with more than 250 people in 18 Washington State. 19 4.55.4 The National Basketball Association suspended the remainder of its 20 21 season in an effort to stop the spread of COVID-19.

22 4.55.5 Fox personality Matt Schlapp stated live and on-air: “It is very very

23 difficult to contract this virus” thereby contradicting the warnings of public health officials 24 25 First Amended Complaint - 21 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 These statements contradict the Trump Administration’s formal declaration of a national health 1 emergenc y at the end of January 2020. 2 4.56 On March 12, 2020, the following occurred: 3 4.56.1 Governor Inslee closed all K-12 schools in Washington State, both 4 public and private, for six weeks in an effort to stop the spread of COVID-19. Under this 5 6 decision, no K-12 school could not reopen before April 27, 2020.

7 4.56.2 City of Seattle Mayor Jenny Durkan closed all public libraries,

8 community centers, community swimming pools, environmental learning facilities and 9 recreation facilities in addition to portions of public parks through at least April 13, 2020 in an 10 effort to curb the spread of COVID-19. 11 4.56.3 The National Collegiate Athletic Association (NCAA) cancelled the 12 13 annual National Championship Basketball Tournament for men and women.

14 4.56.4 The NCAA cancelled the annual Swimming & Diving Championships

15 for all three divisions for men and women which announcement occurred while the Division II

16 nation championship meet was ongoing. 17 4.56.5 The NCAA cancelled all other remaining winter and spring sport 18 national championships. 19 4.56.6 Major League Baseball cancelled the remainder of spring training for the 20 21 2020 season and delayed the Opening Day of Baseball two weeks.

22 4.56.7 The National Hockey League suspended the 2020 season.

23 4.56.8 Major League Soccer suspended the 2020 season. 24 4.57 On March 13, 2020, 25 First Amended Complaint - 22 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.57.1 Fox personality Ainsley Earhardt stated live and on-air: “it is actually 1 the safe st time to fly” thereby diminishing the warnings of public health officials . These 2 statements contradict the Trump Administration’s formal declaration of a national health 3 emergency at the end of January 2020. These statements contradict the Trump Administration’s 4 formal declaration of a national health emergency at the end of January 2020 and Governor 5 6 Inslee’s declaration of an emergency in Washington State as such statements minimized the

7 lethality of COVID-19.

8 4.57.2 President Trump declared a National Emergency Concerning the Novel 9 Coronavirus Disease (COVID-19) Outbreak with an effective date for the emergency of March 10 1, 2020. This declaration opened 50 billion dollars in Federal funding to battle COVID-19 in 11 the United States. 12 13 4.57.3 Hospitals located in the Puget Sound Area of Washington State cancelled

14 elective and non-urgent surgeries in response to the ongoing COVID-19 pandemic.

15 4.57.4 Governor Inslee ordered all K-12 schools statewide, both public and

16 private, closed. 17 4.58 On the weekend of March 14-15, 2020, ski resorts in Washington State, and 18 throughout the American West and Western Canada closed in an effort to stop the spread of 19 COVID-19 including Crystal Mountain Ski Resort located in Pierce County, Washington, 20 21 Stevens Pass located in Snohomish and Chelan County, Washington, the Summit-at-

22 Snoqualmie located in Kittitas County, Washington, ski resorts located in Colorado and Utah,

23 and Whistler Blackcomb located in British Columbia, Canada as a partial list. Other ski resorts 24 throughout the American West soon followed suit. 25 First Amended Complaint - 23 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.59 On March 15, 2020, the following occurred: 1 4.59.1 The CDC recommended no gatherings of more than 50 people. 2 4.59.2 Governor Inslee ordered all bars, restaurants and other venues such as 3 gyms, dance halls, clubs, etc. will closed through March 31, 2020 limited gatherings to no 4 more than 50 people. 5 6 4.60 On March 16, 2020, the Washington Supreme Court issued an order closing the

7 Temple of Justice Building in which the court is located to the public until oral

8 arguments scheduled for May 5, 2020. The court also ordered: “All business with 9 the court and the library shall continue using electronic, mail, and other available 10 means that do not require physical entry of the public into the building. ” 11 4.61 On March 17, 2020, the following occurred: 12 13 4.61.1 Governor Inslee signed several bills intended to slow the spread of

14 COVID-19 in Washington State.

15 4.61.2 San Francisco and five other Bay Area counties in the State of

16 California, issued a “stay at home” order to slow the spread of the novel coronavirus. Under the 17 order, only essential businesses were permitted to operate. This was the first “stay at home” 18 order issued in the United States. 19 4.61.3 The European Union barred most travelers from outside the bloc for 30 20 21 days.

22 4.61.4 France imposed a nationwide lockdown of its citizens. As of this date,

23 France reported more than 6,500 cases with more than 140 deaths from the disease. 24 25 First Amended Complaint - 24 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.61.5 Several Latin American countries imposed similar restrictions to help 1 stop the spread of COVID-19. 2 4.62 On March 19, 202, the following occurred: 3 4.62.1 China reported no new domestic infections in the country for the first 4 time since the outbreak 5 6 4.62.2 The death toll in Italy reached 4,000.

7 4.62.3 The University of Washington cancelled all athletic-related activities and

8 events for the Spring Quarter, including workouts, training and practices as well as the annual 9 UW Football Pro Day and the Windermere Cup, scheduled for the Opening Day of Boating 10 Season Saturday, May 2, 2020, a prestigious and annual international rowing event sanctioned 11 by US Rowing and hosted by the lauded Washington Men’s and Women’s Crew Teams. 12 13 Washington State University, Gonzaga University, Central Washington University and Western

14 Washington University all issued similar cancellations.

15 4.63 On March 20, 2020, the following occurred:

16 4.63.1 The Washington Supreme Court issued an Amended Order No. 257-B- 17 607 suspending all civil and criminal jury trials until after April 24, 2020, continuing all non- 18 emergency civil matters until after April 24, 2020, requiring that emergency matters be heard 19 by telephone. This order was later amended on Monday, April 13 extending the date to 20 21 Monday, May 4, 2020.

22 4.63.2 City declared the US outbreak epicenter NYC reports more

23 than 15,000 positive test 24 4.64 On March 21, 2020, the following occurred: 25 First Amended Complaint - 25 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.64.1 The announced that private industry in the United States 1 was engaging in an effort to replenish the Nation’s medical supplies by manufacturing Personal 2 Protective Equipment (PPE) for use in the effort against COVID-19. 3 4.64.2 Governor David Ige of Hawaii ordered a mandatory 14 day quarantine 4 for any one entering the State of Hawaii. 5 6 4.65 On March 23, 2020, the following occurred:

7 4.65.1 Governor Inslee issued the “Stay Home, Stay Healthy” Proclamation

8 requiring Washingtonians to stay at home unless working in an essential business. All non- 9 essential businesses in Washington State were ordered closed through April 6, 2020. 10 4.65.2 Prime Minister Boris Johnson locks down Britain closing all non- 11 essential businesses, barring meetings of more than two people and requiring persons there to 12 13 stay in their homes except for food or medicine.

14 4.66 On March 24, 2020, the following occurred:

15 4.66.1 The International Olympic Committee postponed the Olympic Games

16 scheduled to occur in the Summer of 2020 in Japan to the Summer of 2121. 17 4.66.2 India imposed a 21 day lockdown for all of its 1. 3 billion inhabitants in 18 an effort to curb the disease. 19 4.67 On March 25, 2020, the Gates Foundation announced a collaboration with a 20 21 consortium of life sciences companies in an effort to “accelerate the development, manufacture,

22 and delivery of vaccines, diagnostics, and treatments for COVID-19. ” The Gates Foundation

23 stated: “The life sciences industry brings a range of assets, resources, and expertise needed to 24 25 First Amended Complaint - 26 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 identify effective and scalable solutions to the pandemic, which is affecting billions worldwide. 1 ” 2 4.68 On March 26, 2020, it is reported that the United States leads the world in in 3 COVID-19 cases a circumstance which has not changed as of the date of this Amended 4 Complaint. 5 6 4.69 On March 27, 2020, the following occurred:

7 4.69.1 President Trump signed a $2 trillion stimulus bill designed to provide

8 financial relief to the Country as a result of the COVID-19 National Health Emergency. 9 4.69.2 Prime Minister Boris Johnson of the United Kingdom tests positive for 10 COVID-19. 11 4.70 On March 28, 2020, the CDC issued a travel advisory for the New York region 12 13 due to the increasing cases of COVID-19 in the region.

14 4.71 On March 30, 2020, the following occurred:

15 4.71.1 Virginia, Maryland and Washington DC all issue “stay at home” orders

16 while similar orders went into effect in Kansas and North Carolina. At this point, 265 million 17 Americans were advised to stay at home to stop the spread of COVID-19. 18 4.71.2 The Gates Foundation announced that “partners in the COVID-19 19 Therapeutics Accelerator announced grants of $20 million to three institutions—the University 20 21 of Washington, University of Oxford, and La Jolla Institute for Immunology—to fund clinical

22 trials in order to identify highly potent immunotherapies for the COVID-19 pandemic. ” 23 24 25 First Amended Complaint - 27 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 4.72 On April 2, 2020, global cases of COVID-19 pass 1,000,000 and at least 51,000 1 people had died from the disease. Additionally, 10,000,000 Americans were out of work and 6. 2 6 million had applied for unemployment benefits. 3 4.73 On April 2, 2020, Governor Inslee extended the Stay at Home, Stay Safe Order 4 through Monday, May 4, 2020. 5 6 4.74 On April 3, 2020, the CDC advises all American citizens to wear a mask when

7 leaving their homes in an effort to stop the spread of COVID-19.

8 4.75 On April 6, 2020, Prime Minister Boris Johnson is placed into intensive care in 9 an effort to save him from the disease. 10 4.76 On April 9, 2020, the University of Washington announced that the annual 11 Commencement Ceremony will be held “with a one-of-a-kind, live, worldwide and interactive 12 13 webcast instead of the annual ceremony held in Husky Stadium, rain or shine.

14 4.77 On April 13, 2020, Fox News Contributor Bill Bennett on the Fox & Friends

15 morning program, stated that the COVID-19 pandemic was not a pandemic at all but rather,

16 akin to a seasonal flu. Mr. Bennett made these statements despite the fact, that as of April 13, 17 2020, the mortality of COVID-19 in the United States was 4% within an approximately 90 day 18 period and the mortality rate of the seasonal flu is 0. 1% annually. 19 V. CAUSE OF ACTION 20 VIOLATION(S) OF THE WASHINGTON 21 CONSUMER PROTECTION ACT, RCW 19. 86

22 5.1 WASHLITE realleges and incorporates by reference the allegations set forth in

23 each of the preceding paragraphs of this First Amended Complaint.

24 5.2 Fox constitutes a person within the meaning of the RCW 19. 86. 010(1). 25 First Amended Complaint - 28 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 5.3 Fox conducts trade and/or commerce in Washington State within the meaning of 1 RCW 19 . 86. 010(2). 2 5.4 Fox engaged in unfair or deceptive acts or practices within the meaning of RCW 3 19. 86. 020 by misrepresenting the dangers of pneumonia of unknown origin, the novel 4 coronavirus and/or the COVID-19 thereby sowing significant public confusion regarding the 5 6 threat of the disease by televising said statements into Washington State by Fox through the

7 subscription cable infrastructure provided by Comcast/Xfinity, AT&T, Spectrum Cable

8 Services, DISH TV and other similar services pursuant to its agreement with these entities. Said 9 misrepresentations contradicted the formal position of the Trump Administration, Governor 10 Inslee, but also the urgent messages of public health experts. These representations were 11 deceptive because they caused consumers to fail to take appropriate action to protect 12 13 themselves and others from the disease, mitigate its spread, and contributed to a public health

14 crisis and a subsequent state wide shut down causing damage to businesses and the loss of

15 employment by persons located in Washington State.

16 5.5 Fox’s conduct, as alleged herein is injurious to the public interest as it violates a 17 statute that contains a specific legislative declaration of public interest impact by the 18 Washington Legislature namely, RCW 19. 86. 093(2) and RCW 70. 26 entitled Pandemic 19 Influenza Preparedness. More specifically, RCW 70. 26. 010 provides: 20 21 The legislature finds that:

22 (1) Pandemic influenza is a global outbreak of disease that occurs when a new virus appears in the human population, causes serious illness, and then spreads easily 23 from person to person. 24 25 First Amended Complaint - 29 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 (2) Historically, pandemic influenza has occurred on average every thirty years. Most recently, the Asian flu in 1957-58 and the Hong Kong flu in 1968-69 1 killed seventy thousand and thirty-four thousand, respectively, in the United 2 States. 3 (3) Another influenza pandemic could emerge with little warning, affecting a large number of people. Estimates are that another pandemic influenza would cause 4 more than two hundred thousand deaths in our country, with as many as five thousand in Washington. Our state could also expect ten thousand to twenty- 5 four thousand people needing hospital stays, and as many as a million people 6 requiring outpatient visits. During a severe pandemic these numbers could be much higher. The economic losses could also be substantial. 7 (4) The current Avian or bird flu that is spreading around the world has the potential 8 to start a pandemic. There is yet no proven vaccine, and antiviral medication supplies are limited and of unknown effectiveness against a human version of 9 the virus, leaving traditional public health measures as the only means to slow the spread of the disease. Given the global nature of a pandemic, as much as 10 possible, the state must be able to respond assuming only limited outside 11 resources and assistance will be available. 12 (5) An effective response to pandemic influenza in Washington must focus at the local level and will depend on preestablished partnerships and collaborative 13 planning on a range of best case and worst case scenarios. It will require flexibility and real-time decision making, guided by accurate information. It 14 will also depend on a well-informed public that understands the dangers of 15 pandemic influenza and the steps necessary to prevent the spread of the disease. 16 (6) Avian flu is but one example of an infectious disease that, were an outbreak to 17 occur, could pose a significant statewide health hazard. As such, preparation for pandemic flu will also enhance the capacity of local public health jurisdictions 18 to respond to other emergencies. 19 It is therefore the intent of the legislature that adequate pandemic flu preparedness and 20 response plans be developed and implemented by local public health jurisdictions statewide in order to limit the number of illnesses and deaths, preserve the continuity of 21 essential government and other community services, and minimize social disruption and economic loss in the event of an influenza pandemic. 22 (Emphasis added. ) 23 24 25 First Amended Complaint - 30 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 5.6 As such, Fox has violated, and continues to violate, the Washington Consumer 1 Protection Act. Its misrepresentations relating to COVID-19 have injured persons in 2 Washington State, had the capacity to injure such persons when the deceptive statements were 3 made, and has the capacity to injure more persons as the practice is ongoing. 4 Plaintiff(s) are damaged, and continue to be damaged, as a result of these violations. 5 6 More specifically, because of the campaign of misinformation and deception perpetuated by

7 Fox, and the confusion sowed by it, Fox has caused, in part, an increased response to COVID-

8 19 resulting in longer mandatory shut downs of business, and related loss of employment, in 9 Washington State as the misinformation has caused persons in Washington State to ignore 10 Governor Inslee’s directives to stop the spread of the disease and the warnings of the Trump 11 Administration. Said misrepresentations and deceptions caused widespread confusion, and 12 13 persuaded consumers and persons located in Washington State to fail to properly prepare to

14 stop the spread of COVID-19 directly resulting in longer closures of businesses, schools and

15 other enterprises required to combat the spread of the virus. Said damages also include, but are

16 not limited to, quantifiable and non-quantifiable injury, including time taken from work or 17 business, inability to conduct business, loss of jobs, business or occupation additional costs 18 from not having prepared sooner (including paying higher prices for masks, paper products, 19 hand sanitizer, etc. which could have been ordered or purchased earlier) due to confusion 20 21 caused by Fox network coverage, and other unspecified injuries stemming from and causally

22 linked to the defendant's pervasive campaign of misinformation. 23 24 25 First Amended Complaint - 31 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003

1 VI. PRAYER FOR RELIEF 1 WHEREFORE, Plaintiff, WASHLITE, prays for relief pursuant to each cause of action

2 set forth in this Complaint as follows: 3 1. For an order enjoining Fox to cease and desist televising any misinformation 4 regarding COVID-19 as authorized under RCW 19. 86. 090, RCW 70. 26 and other applicable 5 6 law;

7 2. For an order directing Fox to issue specific retractions of each and every false

8 and/or misleading statement televised through its cable television stations relating to COVID-

9 19; 10 3. For an award of damages authorized under RCW 19. 86. 090; 11 4. For an award of treble damages authorized under RCW 19. 86. 090; 12 5. For an award of attorneys fees and costs authorized under RCW 19. 86. 090; 13

14 and, 15 6. For all other relief that the court deems just and equitable.

16 Dated this 15th day of April, 2020. 17 LAW OFFICE OF CATHERINE C. CLARK PLLC 18 By: /s/ Catherine C. Clark 19 Catherine C. Clark, WSBA 21231 20 2200 Sixth Avenue, Suite 1250 Seattle, WA 98121 21 Phone: (206) 838-2528 Fax: (206) 340-3003 22 Email: [email protected] Attorney for Plaintiff Washington League for Increased 23 Transparency & Ethics 24 25 First Amended Complaint - 32 LAW OFFICE OF CATHERINE C. CLARK PLLC 2200 6th Avenue, Suite 1250, Seattle, WA 98121 Phone: (206) 838-2528 Facsimile: (206) 374-3003