Wash. Supreme Court published opinion — 1012055.pdf

Citation: Wash. Supreme Court published opinion — 1012055.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1012055.pdf ↗

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led by women, and families with children. The State has also produced evidence

that the enforcement of the CFRHP is forcing City residents to separate their families

and experience homelessness—which are profoundly traumatic experiences. See

KAYA LURIE & BREANNE SCHUSTER, SEATTLE UNIV. HOMELESS RTS. ADVOC.

PROJECT, DISCRIMINATION AT THE MARGINS: THE INTERSECTIONALITY OF

HOMELESSNESS & OTHER MARGINALIZED GROUPS 17, 33 (Sara K. Rankin ed.

2015). 11

The City’s CFRHP does not exist in a vacuum devoid of historical or

demographic context. Rather, the allegations that the CFRHP has been enforced in

a way that deprives residents of the protections owed under the law and disparately

impacts protected classes resonate in the halls of history, where present-day

disparities in home ownership and racially segregated neighborhoods can be traced

to redlining, discriminatory restrictive covenants, race-based zoning laws, and

nuisance laws that criminalize race, gender, and poverty. 12 In the City rental

https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1002&context=hrap
[https://perma.cc/HUN3-ETYB]
12
See generally RICHARD ROTHSTEIN, THE COLOR OF LAW: A FORGOTTEN HISTORY OF
HOW OUR GOVERNMENT SEGREGATED AMERICA (2017) (describing the origins and modern effects
of redlining); see also In re That Portion of Lots 1 & 2, 199 Wn.2d 389, 395-96, 506 P.3d 1230
(2022) (describing the history of racially restrictive covenants); George Lipsitz, “In an Avalanche
Every Snowflake Pleads Not Guilty”: The Collateral Consequences of Mass Incarceration and
23
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside et al.
No. 101205-5

community, Latinx households represent around three-quarters of renter households,