No. 19-1219

Respect Washington v. Burien Communities for Inclusion, et al.

Lower Court: Washington
Docketed: 2020-04-16
Status: Denied
Type: Paid
Response Waived
Tags: ballot ballot-access civil-rights election-law first-amendment free-speech initiative initiative-process political-speech referendum voting voting-rights
Key Terms:
FirstAmendment
Latest Conference: 2020-06-04
Question Presented (AI Summary)

Whether the First Amendment protects the right of citizens to vote on an initiative that meets all time, place and manner requirements for the initiative to qualify for placement on the ballot

Question Presented (OCR Extract)

QUESTION PRESENTED Twenty four states allow citizens to propose state or local legislation through the initiative and referendum process—a remnant reminder of that consent from which just powers derive. Over 30 years ago this Court expressly recognized that the initiative process rests at the heart of the First Amendment’s protection because it involves communication about governmental policies and constitutes core political speech. Nonetheless, after an initiative has met all time, place and manner restrictions, a routine practice has developed for political opponents to seek an injunction prohibiting people from expressing their views at the ballot box and courts have repeatedly issued such injunctions expressly based on the subject matter of the initiatives. Question: Whether the First Amendment protects the right of citizens to vote on an initiative that meets all time, place and manner requirements for the initiative to qualify for placement on the ballot. ii LIST OF ALL PARTIES The parties to this proceeding are Petitioner Respect Washington and the Respondents are Burien Communities for Inclusion; King County Elections; Julie Wise, King County Director of Elections and the City of Burien.

Docket Entries

2020-06-08
Petition DENIED.
2020-05-19
DISTRIBUTED for Conference of 6/4/2020.
2020-04-28
Waiver of right of respondent City of Burien to respond filed.
2020-04-23
Waiver of right of respondent Burien Communities for Inclusion to respond filed.
2020-04-07
Petition for a writ of certiorari filed. (Response due May 18, 2020)

Attorneys

Burien Communities for Inclusion
Jennifer RobbinsBarnard Iglitzin & Lavitt, LLP, Respondent
Jennifer RobbinsBarnard Iglitzin & Lavitt, LLP, Respondent
City of Burien
Michael R. KenyonKenyon Disend, PLLC, Respondent
Michael R. KenyonKenyon Disend, PLLC, Respondent
Respect Washington
Richard M. StephensStephens & Klinge, LLP, Petitioner
Richard M. StephensStephens & Klinge, LLP, Petitioner