Federal judge signs off on Mattawa day-care settlement
Yakima Herald-Republic
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A $2 million settlement for Mattawa day-care operators who alleged they were mistreated by state investigators has been approved by a federal judge, the plaintiffs' lawyers announced Tuesday.
But the day-care workers expect to proceed with a separate trial against the town of Mattawa, according to a news release from Columbia Legal Services, a legal-aid organization that played a key role in pursuing the allegations.
Judge Edward Shea approved the settlement last week in U.S. District Court.
The lawsuit followed raids between 2001 and 2003 by the state Department of Social and Health Services, whose investigators were following up on claims that the Latina residents were running illegal day-care operations. The operators were legal residents, their lawyers said.
The investigators entered the women's homes and demanded paperwork, although they did not have a search warrant approved by a judge, according to the lawsuit. Instead, the inspectors relied on an administrative subpoena issued by a DSHS supervisor.
According to the settlement, state inspectors will provide notice of a pending investigation and inform operators in writing that they have a right to refuse entry. State rules have been rewritten to limit inspections to the day care areas of the home and require that inspections take place during business hours.
The settlement money -- more than $2 million -- will go to 30 day-care providers who were part of the lawsuit.
The day-care licensing duties of DSHS have since been transferred to the Department of Early Learning.
In the lawsuit, day-care owners alleged that the "white mayor of Mattawa," Judy Esser, and members of the "all-white Mattawa Police Department" urged a state investigation into day-care providers working in the community of 3,000, which in 2001 was about 95 percent Hispanic.
Earlier this year, Mattawa agreed to provide more interpreters for Spanish-speaking residents seeking city services as part of an agreement with the U.S. Department of Justice.

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