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Posts for Court Decisions and AGO Opinions

Checking the Trash: Catching Public Records Requests Sent to Junk Email Folders

June 2, 2025  by  Sarah Doar ,  Steve Gross ,  Steve Hawley ,  Leah LaCivita ,  Maria Tobin
Category:  Court Decisions and AGO Opinions ,  Public Records Act

If a records request gets lost in the junk email folder, an agency might not respond timely to the request, potentially leading to a PRA lawsuit. These are real fears for an agency, but steps can be taken to make sure emailed requests are not lost or misdirected.

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Behind Closed Doors: Recent Cases Address Requirements for Executive Sessions During Special Meetings

May 13, 2025  by  Linda Gallagher
Category:  Court Decisions and AGO Opinions ,  Open Public Meetings Act

Two recent court cases have revolved around the requirements under the Open Public Meetings Act (OPMA) for executive sessions during special meetings, offering local governments tips on how to avoid violating the OPMA. 

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Immigration Regulation and the Role of Local Governments

April 16, 2025  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Law Enforcement

Immigration issues involve a complicated web of federal, state, and local regulation. How do federal requirements apply to state and local government and are local agencies required to assist the federal government’s enforcement of immigration laws within their jurisdictions?

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Washington Supreme Court Clarifies Agency Obligations Regarding Constitutional PRA Exemptions

March 20, 2025  by  Sarah Doar
Category:  Court Decisions and AGO Opinions ,  Public Records Act

An appeals court decision originally indicated that a public agency has an obligation to assert and defend a third-party’s constitutional rights that may exist outside of the PRA. A recent state supreme court decision reversed this stance and clarified the burdens of proof.

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How Lakewood Addresses Homelessness After the Grants Pass Ruling

February 18, 2025  by  Heidi Wachter
Category:  Guest Author ,  Court Decisions and AGO Opinions ,  Homelessness

Using an integrated approach, Lakewood relies on both regulations and support services to address homelessness and public camping within the community with the goal of moving unhoused individuals into stable living conditions.

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man reviews judicial records in front of a computer

I’m Not Judging You: Handling Public Records Requests Related to the Courts

October 16, 2024  by  Sarah Doar
Category:  Court Decisions and AGO Opinions ,  Public Records Act

Requests for public records related to a court sometimes make their way to a city or county that has a relationship with that court. Is the city or county obligated to respond to such requests under the Public Records Act, and if so, how should they proceed?

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Aerial view of rural property showing graph of increasing dollar value

The Sheetz Decision: Agencies May Now Have To Show Their Work on Impact Fees

July 22, 2024  by  Heidi Greenwood ,  Nick Morton
Category:  Guest Author ,  Court Decisions and AGO Opinions ,  Impact Fees

Under a new U.S. Supreme Court ruling, an agency may have to show how its impact fee calculations are related to land use interests and proportional to the impact of that development. (This blog updates and replaces one originally published in June.)

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Camping Revisited: U.S. Supreme Court Changes the Landscape of Penalizing Public Sleeping

July 15, 2024  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Homelessness

The U.S. Supreme Court's recent decision in Grants Pass v. Johnson gives local governments a greater ability to enact and enforce criminal penalties for acts like public camping or sleeping, even in localities where limited local shelter space contributes to these acts.

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Hand holding stopwatch against a background of shelves filled with files

Starting the Clock: Washington’s Supreme Court Gives New Guidance on Closing Records Requests

May 13, 2024  by  Sarah Doar
Category:  Court Decisions and AGO Opinions ,  Public Records Act

A new state supreme court decision provides the clearest guidance yet on how a public agency should inform members of the public that a public records request is considered closed by the agency.

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A surprised woman reads comments by critics on social media

U.S. Supreme Court Changes Law on Government First Amendment Liability for Social Media Activities

April 8, 2024  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Social Media

The recent ruling in Lindke v. Freed changes Washington law regarding government First Amendment liability in social media use and has important implications for local government officials and their agencies.

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Volunteer drops off food at a church based food pantry

Best Practices When Contracting With Faith-Based Organizations

January 22, 2024  by  Steve Gross
Category:  Court Decisions and AGO Opinions ,  Health and Human Services

After the U.S. Supreme Court’s decision in Kennedy v. Bremerton School District, local agencies may want to review their contracting policies with respect to faith-based organizations. But, in the words of Douglas Adams’s Hitchhiker’s Guide to the Galaxy, “Don’t Panic!”

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Female colleagues, one wearing a hijab, working at computer desk

New Supreme Court Ruling Clarifies Undue Hardship Standard, Makes It Harder to Prove

September 18, 2023  by  Kendra Rosenberg
Category:  Guest Author ,  Court Decisions and AGO Opinions

The U.S. Supreme Court recently ruled on a religious accommodation claim in the case of Gross v. DeJoy, rejecting the prior standard that employers could deny a requested accommodation if the cost would be “more than de minimis."

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New Elections Laws Passed in 2023

July 17, 2023  by  Linda Gallagher
Category:  Court Decisions and AGO Opinions ,  Elections ,  New Legislation and Regulations

The state legislature adopted several new election laws this year regarding the candidate filing period, voter registration, records of future voters under the age of 18, and the Washington Voting Rights Act.

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Rights and Limits on Filming in Public Facilities

April 24, 2023  by  Michael Incorvaia
Category:  Guest Author ,  Court Decisions and AGO Opinions

First Amendment Audits, when a person records an interaction with a government official or staff member, can be uncomfortable at best, and possibly even veer into harassment. How can an agency ensure the safety of staff without violating the First Amendment Rights of the auditor?

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Several emergency vehicles are parked on a neighborhood street

A Duty to All is a Duty to No One: Understanding the Public Duty Doctrine

March 13, 2023  by  Oskar Rey
Category:  Court Decisions and AGO Opinions

In Norg v. City of Seattle, the Washington Supreme Court issued a decision that has a major impact on the public duty doctrine, and by extension, government tort liability.

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A montage of port, truck and public transit

Unpopular but Necessary: What Exactly Is an Essential Public Facility?

January 30, 2023  by  Oskar Rey
Category:  Comprehensive Planning-Growth Management ,  Court Decisions and AGO Opinions

What is an essential public facility under the Growth Management Act? An airport? A transit system? A homeless shelter? What facilities can be defined as essential for the public is at the heart of a recent Washington Court of Appeals case.

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U.S. Supreme Court Upholds Censuring Members of a Governing Body

September 12, 2022  by  Steve Gross
Category:  Court Decisions and AGO Opinions ,  Legislative Body

A recent U.S. Supreme Court ruling supports the ability of a governing body to censure one of its members if that person's action obstructs or hinders the body's ability to perform its day-to-day functions. 

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Church and State: U.S. Supreme Court Makes Changes to Establishment Clause Analysis

July 18, 2022  by  Oskar Rey
Category:  Court Decisions and AGO Opinions

In light of the recent U.S. Supreme Court ruling in Kennedy v. Bremerton School District, what can a local government do to ensure that its policies are written and applied in a manner that does not discriminate based on an employee’s religious belief?

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Speaking Versus Regulating — The Government Speech Doctrine

May 31, 2022  by  Oskar Rey
Category:  Governance ,  Court Decisions and AGO Opinions

Government speech is analyzed differently by the courts than government regulation of the speech of others. This blog looks at government speech case law, including the recent U.S. Supreme Court decision in Shurtleff v. City of Boston.

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Supreme Court Issues First Opinions on Federal COVID-19 Vaccination Requirements

January 18, 2022  by  Steve Gross
Category:  COVID-19 ,  Court Decisions and AGO Opinions ,  Operating Policies ,  Personnel Policies

The U.S. Supreme Court has temporarily stopped the implementation and enforcement of a federal rule calling for large U.S. employers to require employees be vaccinated against COVID-19. Following the decision, OSHA withdrew the proposed rule.

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