In State v. Barton, the Washington Supreme Court examined the mandate found in Article I, section 20 of the Washington State Constitution that criminal defendants “shall be bailable by sufficient sureties.” The Court interpreted the phrase to mean that a criminal defendant has the right to make bail by using a surety, i.e., a third
First Amendment
Washington Supreme Court Holds That the WLAD Exemption for Non-Profit Religious Organizations is Unconstitutional as Applied to Certain Employees
By Charles Gussow on
[Note: This post was drafted by Labor and Employment Associate Karin Jones]
The Washington Supreme Court has significantly limited non-profit religious organizations’ immunity from employment discrimination claims brought under the Washington Law Against Discrimination (“WLAD”), RCW 49.60. In Ockletree v. Franciscan Health System, the majority held that the exemption of non-profit religious organizations from the definition of “employer” in the WLAD is unconstitutional as applied in circumstances outside the scope of the organizations’ religious purposes.
OSU Student Alliance v. Ray, No. 10-35555 (9th Cir. Oct. 23, 2012)
By Hunter Ferguson on
Posted in Notice of Appeal Archive
Via my colleague Jennie Bricker.
A registered student organization of Oregon State University published a conservative monthly newspaper, the Liberty, as an alternative to the well-established, traditional paper, the Daily Barometer. Asserting enforcement of an unwritten policy governing placement of newsbins on campus, OSU officials removed the Liberty’s distribution bins from seven campus locations—but left…
Appellate Update: Dex Media West, Inc. v. City of Seattle [9th Cir. No. 11-35399, 11-35787]
By Hunter Ferguson, Leonard Feldman & J. Will Eidson on
Posted in Notice of Appeal Archive
The City of Seattle, by ordinance adopted in 2010, requires publishers of yellow pages directories to obtain permits and pay a fee for each directory distributed in the city. It also maintains an opt-out registry through which residents can decline to receive directories. Distributors are required by the same ordinance to advertise the availability of…
Appellate Update: Erdman v. Chapel Hill Presbyterian Church [Wash. No. 84998-6]
By Leonard Feldman, Hunter Ferguson & J. Will Eidson on
Posted in Notice of Appeal Archive
Erdman was an elder of Chapel Hill Presbyterian Church. She became Chapel Hill’s executive for stewardship and reported to the church’s senior pastor, Dr. Mark Toone. Toone taught classes at the church and led tours of sites that were religiously and historically significant. Erdman questioned whether the tours would adversely affect Chapel Hill’s tax-exempt status.…