FILED JANUARY 29, 2019 In the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE GLOBAL NEIGHBORHOOD; ) REFUGEE CONNECTIONS OF ) No. 35528-4-III SPOKANE; SPOKANE CHINESE ) ASSOCIATION; ASIAN PACIFIC ) ISLANDER COALITION – SPOKANE; ) SPOKANE CHINESE AMERICAN ) PROGRESSIVES; and the SPOKANE ) PUBLISHED OPINION AREA CHAPTER OF THE NATIONAL ) ORGANIZATION OF WOMEN, ) ) Respondents, ) ) v. ) ) RESPECT WASHINGTON, ) ) Appellant, ) ) VICKY DALTON, SPOKANE COUNTY ) AUDITOR, in her official capacity; and ) the CITY OF SPOKANE, ) ) Respondents. ) FEARING, J. — In this well briefed and astutely argued appeal by both sides, we face the intimidating and humbling task of classifying, as either administrative or legislative, a city initiative that authorizes without restriction city employees to question individuals as to immigration status. This classification determines the eligibility of the No. 35528-4-III Global Neighborhood v. Respect Washington initiative for vote by the people of Spokane. The appeal raises other issues, including the mootness of the suit after the city council amended a city ordinance referenced in the initiative, the standing of challengers to obtain an injunction removing the initiative from the ballot, the imposition of a statute of limitations to a suit challenging a proposed initiative, the application of laches to preclude a suit challenging an initiative, the legality of the initiative in light of state and federal law, and the implication of the initiative backers’ First Amendment rights. Because the proposed initiative arises from an administrative framework, because the initiative entails directions to city employees, because the initiative meddles in the administration of the city’s police force and may interfere in effective law enforcement, and because the initiative runs contrary to state, if not, federal law, we declare the initiative administrative in nature. We affirm the trial court’s grant of an order enjoining placement of the initiative on the ballot. FACTS This appeal concerns the validity of “Proposition 1,” a proposed City of Spokane initiative originally scheduled for placement on the November 2017 ballot. The gist of the initiative would allow Spokane city employees, including law enforcement officers, to question without any restriction individuals about their immigration status and citizenship status, permit employees to assemble information on residents’ immigration status, and share the information with others. The background to the lawsuit precedes the filing of the initiative and begins with state law and continues with Spokane Police 2 No. 35528-4-III Global Neighborhood v. Respect Washington Department internal policy and Spokane ordinances adopted by the Spokane City Council. We review, but heavily redact for purposes of shortening an already lengthy opinion, state law, police department policy, and city ordinances before identifying the history and content of Proposition 1. We begin with some background to the challengers of Proposition 1, which challengers initiated this declaratory suit to declare Proposition 1 invalid. Plaintiff Global Neighborhood, a nonprofit organization, operates under the mission statement ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals