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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discriminatory practices used in the past, such as the existence of race-based zoning

ordinances, discriminatory restrictive covenants, and redlining, some of which have been

held to be unconstitutional or have been banned by Congress. 3 See lead opinion at 23. I

1
The Senate voted unanimously for the passage of Second Engrossed Substitute S.B. 5742 and
the House only had one vote in opposition. See FINAL B. REP. ON SECOND ENGROSSED
SUBSTITUTE S.B. 5742, at 2, 61st Leg., Reg. Sess. (Wash. 2010).
2
Former Representative Jamie Pedersen testified in favor of Second Engrossed Substitute S.B.
5742, stating that “both landlords and tenant groups believe that this will be an important way to
preserve public safety in cities, and also to help reintegrate those who have been released from
correctional facilities after they’ve served their time.” H. FLOOR DEB., 61st Leg., Reg. Sess.
(Feb. 28, 2010), at 33 min., 16 sec., video recording by TVW, Washington State’s Public Affairs
Network, https://www.tvw.org/watch/?clientID=9375922947&eventID=2010021002.
3
See Shelley v. Kraemer, 334 U.S. 1, 23, 68 S. Ct. 836, 92 L. Ed. 1161 (1948) (holding that state
enforcement of racially restrictive covenants violates the Fourteenth Amendment to the United
States Constitution); Buchanan v. Warley, 245 U.S. 60, 70-71, 82, 38 S. Ct. 16, 62 L. Ed. 149
(1917) (holding that racial zoning ordinances prohibiting people of color from moving to
predominantly white neighborhoods was unconstitutional). The Fair Housing Act in 1968 and
2
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 101205-5
(Madsen, J., concurring)

agree that context could lend support if we were deciding a facial challenge to the