Respect Washington v. Burien Communities For Inclusion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON BURIEN COMMUNITIES FOR INCLUSION, a Washington political No. 77500-6-1 committee, DIVISION ONE Respondent, UNPUBLISHED OPINION V. RESPECT WASHINGTON, a Washington political committee, . Appellant, KING COUNTY ELECTIONS; JULIE WISE, King County Director of Elections, in her official capacity at King County Elections; and CITY OF BURIEN, Defendants. FILED: September 9, 2019 APPELWICK, C.J. — On September 14, 2017, the trial court granted Burien Communities for Inclusion (BC') a preliminary injunction, prohibiting Burien Initiative 1 (Measure 1)from being placed on the November 2017 ballot. Respect Washington appeals the preliminary injunction, arguing that (1) it violates the free speech rights of the city of Burien's (City) voters,(2) the trial court erred in altering the status quo, and (3) BCI failed to show substantial injury. It also contends that Measure 1 is within the scope of the City's initiative power. We affirm. No. 77500-6-1/2 FACTS On January 9, 2017, the Burien City Council passed Ordinance 651 (Ordinance). The Ordinance is now codified at Burien Municipal Code (BMC) 2.26.010-.030. BMC 2.26.020 provides that "a City office, department, employee, agency or agent shall not condition the provision of City services on the citizenship or immigration status of any individual," except as otherwise required by law. It prohibits City personnel from initiating any inquiry or enforcement action based solely on a person's civil immigration status, race, inability to speak English, or inability to understand City personnel or officers. BMC 2.26.020(4) And, it forbids City officials from creating a registry for the purpose of classifying people on the basis of religious affiliation, or conducting a study related to the collection of such information. BMC 2.26.030. On July 7, 2017, Craig Keller, the campaign manager, treasurer, and officer of Respect Washington, a Washington political committee submitted an initiative petition to the City. The petition asked that an initiative repealing the Ordinance, Measure 1,1 be submitted to a vote of the City's registered voters. In addition to repealing the Ordinance, Measure 1 would add the following chapter to the BMC: New Chapter 9.20 is hereby added to the Burien Municipal Code "Public Peace, Morals and Welfare" to read as follows: 9.20 Citizen Protection of Effective Law Enforcement: The City of Burien shall not regulate the acquisition of immigration status or religious affiliation unless such regulation is approved by a majority vote of the City Council and a majority vote of the people at a municipal general election. 1 Both parties refer to this initiative as "Measure 1." 2 No. 77500-6-1/3 Two weeks later, the King County Department of Elections found that a sufficient number of signatures had been submitted for Measure 1, and issued a certificate of sufficiency. The Burien City Council then voted to place Measure 1 on the November 7, 2017 ballot. On September 8, 2017, Burien Communities for Inclusion (BCD, a Washington political committee, filed a complaint for declaratory and injunctive relief against Respect Washington, King County Elections, King County Director of Elections Julie Wise, and ...

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