Stay granted in Eggleston free speech medical case

The Washington Court of Appeals has stopped the state’s medical commission from proceeding with its prosecution of Richard Eggleston while his case is still under consideration.

The stay was granted Tuesday by Commissioner Hailey Landrus in Division III of the Court of Appeals.

“We are very gratified by this decision by a commissioner who has repeatedly demonstrated her legal wisdom over the years,” said Eggleston’s attorney Todd Richardson. “The case is not over, this merely puts a pause on the prosecution while we proceed with briefing and arguing the appeal. Dr. Eggleston’s brief to the Washington Court of Appeals is now due in 30 days.”

Eggleston, of Clarkston, was investigated by the Washington State Medical Commission over alleged COVID-19 misinformation shared in columns published in the Lewiston Tribune’s Sunday Opinion section. At the federal level, his case may decide whether a medical commission is allowed to limit a doctor’s speech in the public forum.

Last month, U.S. Supreme Court Justice Clarence Thomas accepted Eggleston’s application for a stay, pending appeal of a 9th Circuit lawsuit involving the retired ophthalmologist. A conference to address the application has been scheduled for Friday.

Richardson, of Clarkston, is one of the lawyers representing a high-profile group in the free-speech case. Robert F. Kennedy, Jr. has been co-counsel on the case, but is expected to withdraw if he’s confirmed in President-elect Donald Trump’s cabinet. Rick Jaffe is the lead attorney, and NBA star John Stockton is the lead plaintiff in the case before the U.S. Supreme Court.

Eggleston and his co-plaintiffs argue Washington’s policy that bars doctors from spreading COVID-19 misinformation is an infringement on physicians’ free speech rights, and the public has a right to hear their opinions.

In addition, Eggleston is asking the Court to decide whether Washington’s free-speech laws allow the medical commission to sanction doctors for expressing their opinions about COVID-19.

The Tuesday ruling is encouraging, Richardson said.

“If Dr. Eggleston wins at the Court of Appeals, the stay could become permanent, though that is not necessarily ensured,” Richardson said. “It is, perhaps, more likely that the case would be remanded to Asotin County Superior Court with instruction for a hearing on whether a permanent injunction should be granted.”

Sandaine can be reached at kerris@lmtribune.com.