IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON AMERICAN HOTEL & LODGING No. 77918-4-1 ASSOCIATION, SEATTLE HOTEL cf)CD ASSOCIATION, and WASHINGTON DIVISION ONE HOSPITALITY ASSOCIATION, rfl PUBLISHED OPINION rn Appellants, .F Fo >-• u rfl V. cf, `4? CITY OF SEATTLE, UNITE HERE! LOCAL 8, and SEATTLE PROTECTS WOMEN, Respondents. FILED: December 24, 2018 ANDRUS, J. — In November 2016, the citizens of Seattle voted to adopt Initiative 124 (1-124), now codified at Seattle Municipal Code ch.14.25. Three hotel associations challenge the initiative as a violation of the "single subject" rule of RCW 35A.12.130 and article IV, section 7 of the Seattle City Charter. We conclude the ordinance contains provisions not germane one to another and, therefore, violates the single subject rule. We reverse. FACTS On November 8, 2016, Seattle voters approved 1-124. The ballot title for this initiative read as follows: Initiative 124 concerns health, safety and labor standards for Seattle hotel employees. No. 77918-4-1/2 If passed, this initiative would require certain sized hotel-employers to further protect employees against assault, sexual harassment, and injury by retaining lists of accused guests among other measures; improve access to healthcare; limit workloads; and provide limited job security for employees upon hotel ownership transfer. Requirements except assault protections are waivable through collective bargaining. The City may investigate violations. Persons claiming injury are protected from retaliation and may sue hotel-employers. Penalties go to City enforcement, affected employees, and the complainant. Should this measure be enacted into law? Yes No The initiative passed with 76.59 percent of the vote. The City certified the results on November 29, 2016, and the initiative went into effect the following day.1 The initiative has seven parts. Part 1 is intended to protect hotel employees from violent assault and sexual harassment by guests. SMC 14.25.020. If a hotel employee is assigned to work in a guest room without other employees present, the employer must provide that employee with a panic button to use in an emergency. SMC 14.25.030. Hotel employers must maintain a list of names of any guest accused of assaulting, sexually assaulting, or sexually harassing hotel employees. SMC 14.25.040(A). Any guest accused of such misconduct must remain on the list for five years, and hotel employers must notify other employees assigned to an accused guest's room and warn them to exercise caution when entering that room. SMC 14.25.040(A), (C). If an accusation is supported by a 1 The ordinance authorized and directed the Office of Labor Standards to promulgate rules consistent with the new chapter. SMC 14.25.150(D)(2). The rules became effective in July 2018. SHRR 150-010 to -300. - 2- No. 77918-4-1/3 sworn statement "or other evidence,"2 the hotel employer must bar the guest from the hotel for three years. SMC 14.25.040(B). Part 1 also requires hotel employers to post signs notifying guests of the protections afforded by 1-124. SMC 14.25.050. Lastly, Part 1 provides that after an employee accuses a guest of sexual assault or harassment, a hotel employer must reassign the employee to a ...
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