2017, 09-26 Formal Format MINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday, September 26,2017
Mayor Higgins called the meeting to order at 6:00 p.m. and welcomed everyone to the new building.
Attendance: Staff
Rod Higgins,Mayor Mark Calhoun, City Manager
Arne Woodard,Deputy Mayor John Hohman, Deputy City Manager
Caleb Collier, Councilmember Cary Driskell, City Attorney
Pam Haley, Councilmember Chelsie Taylor,Finance Director
Mike Munch, Councilmember Erik Lamb,Deputy City Attorney
Ed Pace, Councilmember Mark Werner, Police Chief
Sam Wood, Councilmember Adam Jackson,Planning/Grants Engineer
Christine Bainbridge,City Clerk
INVOCATION: In the absence of a pastor, Mayor Higgins asked everyone to rise and observe a moment
of silence in memory of the recent events at Freeman High School.
PLEDGE OF ALLEGIANCE: Council, staff, and the audience stood for the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present.
APPROVAL OF AGENDA:It was moved by Deputy Mayor Woodard,seconded and unanimously agreed
to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE,BOARD,LIAISON SUMMARY REPORTS
Councilmember Wood had no report. Councilmember Collier said he attended the Constitution Day event
last Thursday;participated in Valleyfest;and last night attended the Painted Hills Development open forum.
Councilmember Munch mentioned he also attended Valleyfest as well as the Painted Hills Development
Open Forum.Councilmember Haley stated that she participated in the Valleyfest parade,went to Valleyfest
on Saturday, and attended several STA(Spokane Transit Authority) Board meetings, and said the Central
City Line was discussed. Councilmember Pace said he attended the SRTC (Spokane Regional
Transportation Council) Board meeting and that our Bridging the Valley projects are up there where they
belong; and participated in the Valleyfest parade. Deputy Mayor Woodard reported that he attended
Valleyfest; went to the Women's Business Center open house; said he stood in for Mayor Higgins at the
Sullivan Park Assisted Living facility and the reading of the National Assisted Living Week proclamation;
and that he attended the Sunrise Elementary School dedication.
MAYOR'S REPORT
Mayor Higgins reported that he attended the GSI (Greater Spokane, Inc.) Government affairs committee
meeting; went to the Airforce Ball at the Convention Center;went to a Visit Spokane Board meeting; and
participated in the Valleyfest parade.
Proclamations: n/a
Minutes Regular Council Meeting:09-26-2017 Page 1 of 5
Approved by Council: 10-10-2017
PUBLIC COMMENTS: Mayor Higgins explained that tonight we will only have one opportunity for
public comments, and explained the ground rules for giving comment. Mayor Higgins asked by a show of
hands,how many people were here to speak about parental rights or vaccination. Approximately twelve to
fifteen people raised their hands. Mayor Higgins asked that in order to expedite people speaking, if people
would line up by the counter at the side wall so they could be ready when he called their name; he also
noted Council would take public comments until about 6:45 p.m. Mayor Higgins invited public comments.
1. Lori Feagan, Spokane County: said she is the mother of a child who attended Central Valley School
District; said she denounces the ordinance, and read as much of her prepared statement (see attached) as
time permitted;adding that these things are beyond the scope of a city government.
2. Marianne Kartchaer, Spokane Valley: said she is a nurse and has four kids;that she has been a pediatric
nurse for over twenty years so she has experience when it comes to vaccinations; said people don't have to
vaccinate their child unless they send their child to school;she spoke of herd immunity and briefly explained
how that works; said this is not just about parental rights but about protecting the vulnerable among us.
3.Patra Hoy,Spokane Valley: she read a prepared letter from Pastor Andrea Castrolang of the Westminster
Congregational United Church of Christ about the cruelty of the proposed ordinance(see attached).
4. Deborah Home, Spokane valley: said she is a community health advocate; said kids in school who are
not vaccinated are a health risk to everyone; said the litigation Council will face for this ordinance will be
very heavy and citizens should be given a right to decide if they want all that cost.
5. Bobbie Nicole Spencer, Spokane Valley: she read her prepared statement: "it starts quietly and slowly,
pick a minority to blame for your problems; remove the protection of their rights and one by one remove
their rights; increase the hate, but if for them, we'd all be okay; restrict the movement and keep them
together to better watch them;those people—it's all their fault;they are different,we don't want them;we
don't need them we should get rid of them; follow my example—Adolf Hitler."
6. Angela Lalonda, Spokane Valley: said the ordinance proposed is dangerous to children's physical well-
being and damaging to their educational growth; said she trusts the district to provide top-notch curriculum
and that the district needs the autonomy to monitor the health situation in their schools; outbreaks of
illnesses need to be uniformly dealt with to ensure timely containment which is in accordance with state
law; said she is appalled that there is an attempt to rescind the protections for transgender citizens to use
the restroom of their choice; anti-discrimination laws allowing these citizens to use the bathroom of their
choice have been in effect around the country for many years; and law enforcement reports no incidents
instigated by transgendered citizens,to say so is fear-mongering and is despicable; said there are numerous
incidents of extreme violence against these citizens when forced to use incorrect bathrooms; said research
from an article in Newsweek states that it is clear bathroom laws increase the rate of suicide in transgendered
people; said the inclusion of this point is bizarre and the points are not here to protect the children, but to
shame the transgendered citizens.
7. Helen Bouser, Spokane Valley: said she has been a resident in this area since 1975;that she moved into
a gated community a few years ago and has enjoyed the valley and the people until now; said now she is
ashamed; said she's been a freedom and justice fighter since 1984; said she disagrees with every point of
the ordinance but is especially heartbroken for the transgendered citizens; said she is a mental health
counselor and people are not transgendered by choice; said these people are not a threat nor do they
threatened anyone's safety; that they are the most picked upon and murdered people in our society, and
they are the ones being hurt by putting that in this ordinance; said she wants Council to get rid of this as it
will only cost money going against the state and federal law; she said Council should do good for people
instead of taking away their rights.
Minutes Regular Council Meeting:09-26-2017 Page 2 of 5
Approved by Council: 10-10-2017
8. Reverend Genavieve Heywood, Veradale United Church of Christ, Spokane Valley: said she is the
mother of two teenagers in the Spokane Valley school district, and this is in direct violation of the laws of
the State of Washington; she said Council shouldn't waste time with this as it is illegal and potentially
extremely costly; said she has a copy of the letter sent to the City Attorney from an attorney at the ACLU,
which letter is dated September 22, 2017; said she brought a copy and highlighted parts that maybe will
help Council zone in on how heavy this will legally burden the city if this is followed;said she is concerned
that Council spends time on an ordinance of this nature and it must be dismissed and the rule of law
followed; and that Council should get back to work to make Spokane Valley a place of clean water, good
roads, strong neighborhoods with kind and compassionate people.
9. Colleen Terriff, Spokane Valley: said she is the mother of two who attended Central Valley; said she is
also a pharmacist;that she normally doesn't share about her training or degree but this is relevant; said she
has a master's in public health and she specializes in immunizations and vaccinations and is an advocate
for protecting patients; said she works with high risk citizens including those with HIV; said she works in
an acute care and in a clinic setting with immunocompromised patients; and has a daughter who is type 1
diabetic and who got whopping cough a few years ago; said we have freedoms and rights,like free speech,
but they come with limits surrounding the public safety; vaccinations allow the body to naturally develop
anti-bodies; said she feels health officials who have the education and training should be making those
tough and important decisions about vaccinations or keeping people out of school so they don't spread
sicknesses to the vulnerable.
10. Jaclyn Gallion, Spokane Valley: said she was speaking in place of the next person on the list [Kebby
Johnson]; said there is an e-mail going around with false and misleading information to encourage people
to oppose this ordinance;said these must be discounted;said the ordinance reserves and guarantees a parent
the ability to make final decisions and that the ordinance and state law are in harmony; said the exclusions
were not intended and would not constrain a health officer to restrict someone ill,and it leaves the decision
of school attendance up to the parents; said it is an elected official's responsibility to be responsible; and
that vaccinations have a risk and they should be viewed on both sides.
11. Chris Jackson, Spokane Valley: he thanked Council for listening to these debates; said the government
style can be confusing about parental rights and if they would be addressed by resolution or by an ordinance
that might become city law; said some members of Council don't seem to give as much thought if this is a
resolution or an ordinance,and he referenced to the ACLU letter; said he hopes options are being explored
and that future discussions should take the ACLU points into consideration.
12. Rocky Samson, Spokane Valley: said he was speaking for support for the cab industry; said he is the
only cab company licensed in Spokane Valley and he is asking for deregulation; said the Spokane
International Airport is bullying him into signing a contract to include fees and to make sure his cab
company gets a Spokane City business license for every driver; said the price is about$364 per driver per
year and he is asking for support; and he asked Councilmembers to call him.
13. Dena Tucker, Spokane Valley: said she wanted to remind Council there are two sides to an issue and
to remember parents have a right to make medical choices for their kids under the Constitution; and
Washington has a legal obligation to educate kids; said exclusions hold parents hostage and she is asking
people to consider the public safety issue and to remember all points;people are harmed by immunizations
and they are not completely safe for all kids; said getting one round of vaccinations doesn't determine
immunity and that she was told by the school nurse if the kids got vaccinated, they could come back to
school;said she is aware of people who were vaccinated but still contracted the disease;and said all people
should be required to take the blood test.
Minutes Regular Council Meeting:09-26-2017 Page 3 of 5
Approved by Council: 10-10-2017
14. Kim Thoms, Spokane Valley: said up to the 6th grade they did immunize their children and her son
started getting twitches and tics which were affecting his ability to write, eat and to do anything with his
upper body; said they began researching vaccinations and said fortunately they were able to work with
some doctors to work through that;said her son was part of the vaccination exclusions and his missed seven
weeks of school;that it was tough but he made it through, but said exclusions can be very damaging; said
out of school suspensions and expulsions should be avoided as much as possible as it could lead to school
drop-outs; said youth suicide is the second leading cause of death for ten to fourteen year olds; and said
there are pages and pages of research for what happens when a student is taken out of school.
1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered separately.
Proposed Motion:I move to approve the Consent Akenda.
a.Approval of claim vouchers on Sept 26,2017 Request for Council Action Form, Total: $3,189,879.98
b. Approval of Payroll for Pay Period Ending September 15,2017: $364,223.83
c.Approval of September 8,2017 Council Meeting Minutes, Special Meeting
d.Approval of September 12,2017 Council Meeting Minutes,Formal Meeting Format
e. Approval of September 19,2017 Council Meeting Minutes, Study Session
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent
Agenda.
NEW BUSINESS:
2. Motion Consideration: Mayoral Appointment, Citizen to Spokane Housing Authority—Mayor Higgins
After Mayor Higgins explained about this re-appointment as noted on the Request for Council Action form,
it was moved by Deputy Mayor Woodard and seconded to confirm the Mayoral appointment of Keith James
to the Spokane Housing Authority Board of Commissioners for a five year term beginning October 10,
2017. Mayor Higgins invited public comment;no comments were offered. Vote by Acclamation:In Favor:
Unanimous. Opposed:None. Motion carried.
ADMINISTRATIVE REPORTS:
3. History of Grants Received—Adam Jackson
Via his PowerPoint,Planning Grants Engineer Jackson gave a background of the City-applied grant funding
opportunities from 2011 to the present; explained that our City relies heavily on grant funds to supplement
city funds for capital projects;explained what constitutes a capital project;which funds contribute to capital
projects; and which grants we have applied for and which grants we were successful in receiving funds
from 2011 through the present; he mentioned 2017 pending grant applications and their respective due
dates. There was some discussion about required matching funds; FASTLANE and TIGER grants as well
as the new INFRA federal grant program;that it cost to apply for these grants,the federal grants are highly
competitive and very detailed, and that staff uses a consultant to put those grants together.
Mayor Higgins called for a recess at 7:21 p.m., and he reconvened the meeting at 7:32 p.m.
4. Sidewalk Snow Removal—Cary Driskell
City Attorney Driskell explained that this is the tenth time for this issue to come before Council; and from
the last meeting,his sense was there was concern about impacts to residential areas and senior citizens. Mr.
Driskell went over the information contained in his Request for Council Action form, including the
background of this item, and the three mentioned options;the difference between tier 1 and tier 2 with tier
1 having the highest traffic in commercial areas and safe routes to school; and stressed that option 2
represents moving with tier 1 but holding off on tier 2 until Council gives approval through formal Council
action. Mr. Driskell said citizens in residential areas will still be asked to keep sidewalks free from
accumulation of snow and ice.There was discussion about which option Council preferred, and what each
option does; monetary infractions, and of the idea of holding off on enforcement for a year to see how the
Minutes Regular Council Meeting:09-26-2017 Page 4 of 5
Approved by Council: 10-10-2017
changes and education processes are going. Mr.Driskell said we cannot issue a citation with a zero penalty,
which led to further discussion about penalties and of the current$500 fine included in our Code. It was
also mentioned that during a major snow event, the City Manager could put all this in abeyance. It was
noted that option 2 would remove the$500 fine, and protect the safe routes to school, along with mention
that the commercial area is the area of focus. Mayor Higgins asked Council for a show of hands of those
in favor of moving forward with option 2 as written, and Mayor Higgins, Deputy Mayor Woodard, and
Councilmembers Munch, Haley and Wood raised their hands. Mr. Driskell said since it is getting late in
the season,this will be brought back next Tuesday for the second reading;and staff will work on education
materials based on what is ultimately adopted, and there was no objection from Council.
5.Police Department Monthly Report—Chief Werner
Chief Werner gave the highlights of his monthly report and mentioned that they are seeing a lot of crime
involving stolen checks from mailboxes, and he recommends people get secured mailboxes; said they are
also seeing stolen vehicles as a result of people leaving their car running while they quickly run into a store.
6. City Manager's Presentation of 2018 Preliminary Budget—Mark Calhoun
City Manager Calhoun gave his presentation of the 2018 preliminary budget as noted in his PowerPoint;
which included not only budget highlights such as fiscal and financial information and objectives,but also
2018 Council goals,staffing levels,the City Hall Project, and challenges such as grade separations.
7.Advance Agenda—Mayor Higgins
Councilmember Collier said that he attended last night's event regarding the Painted Hills Development,
and he would like an update on a future agenda. Councilmembers concurred.
INFORMATION ONLY
8.Department Monthly Reports
There reports were for information only and were not reported or discussed.
CITY MANAGER COMMENTS
Mr. Calhoun stated that the audio visual in our new Council Chambers is not completely functional,
although we have speakers set up for tonight's meeting; and he is hopeful we will have everything running
for the next Council meeting,but said there are no guarantees. Mr. Calhoun mentioned the City Hall grand
opening Saturday October 14,from 9:30 a.m.to 2 pm with details coming up later; and that there will be a
joint open house here this Thursday with the Library District personnel, beginning at 6 pm. Mr. Calhoun
noted that the Christmas tree lighting program will be outside City Hall November 30, sponsored by the
Rotary Club,and again that more details will be coming up in the future.
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting
adjourned at 8:58 p.m.
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Council Meeting:09-26-2017 Page Regularo g 5 of 5
Approved by Council: 10-10-2017
SPOKANE VALLEY CITY COUNCIL MEETING
Tuesday, September 26, 2017
6:00 p.m. Regular Meeting
GENERAL CITIZEN COMMENTS
SIGN-IN SHEET
YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES
This sign-in sheet is for making comments not associated with an action item on tonight's
agenda. If you wish to comment about an individual action item on tonight's agenda (such a
a otion to approve an ordinance, resolution, or contract) the Mayor will ask for comme s
on •i ose items once that item is reached on the agenda.
Please sign in if you wish to make public comments.
NAME TOPIC OF CONCERN YOU YOUR CITY OF ' IDENCE
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Please note that once information is entered on this form, it becomes a public record subject to public disclosure.
Mayor and councilmembers,
I am here to denounce the proposed 4-point"parental rights" ordinance. The initial
proposition,brought to the council on August 29th by Councilman Pace, dealt only with
the issue of exclusion of non-vaccinated children from school. Here is a summary:
At the August 29th meeting,the attorney for the city explained that the city has no
authority or control over school districts or the local health district or whether students
are excluded; He explained that the city is a separate entity and that this issue is
determined by the local health district. The council was provided a formal presentation
on vaccination requirements and the three recognized exemptions,which are for
medical, personal or philosophical, or religions reasons. The council was informed that
changes to the current process would require State legislative amendments.
Attorney Lamb reminded the council that he was not in a position to speak for the
health district about legal issues and liability if a parent knowingly keeps an
unvaccinated child in school during an outbreak. Mr. Lamb explained that there is a
requirement for schools to provide some alternative program for those who can't
physically attend the school, and said the recent mumps outbreak caught people
unaware, and that there were no programs in place to accommodate unvaccinated
children who were required to stay home for the required duration. The council was
advised that school districts were working on solutions in the event this occurs again in
the future. Councilwoman Haley,you shared with your colleagues on the council that
less than 5% of the people in Spokane County are not vaccinated, and that the council is
spending 95% of the people' s money on this topic. At least two other Councilmembers
agreed.
Rather than support our local school districts to make accommodations for the very
small percentage of families who need help keeping their kids up to date scholastically
during an outbreak, the Spokane Valley City Council, per councilman Pace, decided to
"push back" against the system. Not only did the council decide to move forward with
this divisive and fiscally irresponsible ordinance element, three more contentious
elements were added that are blatantly in line with the self-interest of the council
members' extremist libertarian and sectarian agendas.
The Washington State Constitution,which you profess guides your obligation of
governance, states in Article IX that"all schools maintained or supported whole or in
part by the public funds shall be forever free from sectarian control or influence." The
banner by which Councilman Pace waves this ordinance,titled"God Grants them,
Governments secure them," obviously merges his religious beliefs with his municipal
powers.
The Washington State Constitution,Article 1, Section 1,has been use as the rationale for
this proposed"Parental Rights" ordinance. The State Constitution,Article 1 also states,
in Section 2,that the Constitution of the United States is the supreme law of the land.
Our US constitution is clear that every individual has the right to say or do anything they
like,but those rights do not extend beyond us, or our connection to the government.
Those rights are protected,but they are self-inclusive; they have a finite space, and
cannot violate the equal rights of another person, or harm them against their will. AU
politicians are supposed to uphold that one key document: the U.S.
Constitution. Nothing, not even someone's religion, can violate that document for it is
the rule of law that all of society must abide by.
Specific to the 4-point ordinance, I respectfully recommend:
1. Work with the school district to make accommodations for children who must
remain home for their own safety during a disease outbreak, until it is safe for
them and their medically-fragile peers. This is beyond the scope of your
understanding and your role as a city government.
2. Consider that not all parents can provide the optimal education, opportunities,
and nurturing that our young people need. Our community is not homogenous.
Educational standards are in place to meet the needs of all students. You are on a
slippery slope to banning compulsory schooling, and our community will not
stand for it. Regarding reproductive health, our children have the right to
accurate, comprehensive education. Parents may already opt out of reproductive
health education for their kids. You are beating a dead horse. This is beyond your
scope as a city government, it is a matter for the local school board which
complies with State standards.
3. You propose to deny our young people the respect, autonomy, and confidentiality
that they deserve, and often require. In order to survive overbearing, oppressive
parental influences, or abusive environments, the young people in our
community need to know they can obtain confidential, non-judgmental, and
medically safe health care, including fertility management. They may even
choose to be vaccinated. It is not the role of a city government to restrict
healthcare access to any person in our community.
4. Regarding the final point of the proposed ordinance,which I consider to be a
back door,back-handed imposition of I-1552, it seems that a few of you on the
council have decided that bigotry and intolerance should characterize our
community. Really? You beat the drum of fear, pander again to a secular base,
and use quotations for the term"transgender"which bears witness to how you
dehumanize individuals you have never met or tried to embrace.
There is no justification for the city of Spokane Valley to impose risks to public health, to
jeopardize educational standards,for disrespecting the rights of our young people for
confidentiality and control of their bodies, and for the bigoted targeting of our most
victimized populations,who are our neighbors and students.
As our citizens strive for job security and affordable housing, as our business community
begs for growth opportunities, as our community continues to recover from economic
stagnation, and we work to be a community of justice and equity,the elected council of
the city of Spokane Valley should concentrate on doing it's job, not the job of the State,
the school board, or the health department.
so �
Spokane Valley testimony
Sept. 27, 2017
From: Pastor Andrea CastroLang, sr. pastor, Westminster Congregational United Church of Christ
Good evening.
I write to you tonight as a wife, mother, grandmother and minister of the gospel. I have served as a
campus minister, a youth minister and 19 years as the sr. pastor in three different congregations.
I am writing to you because I believe the Spokane Valley city ordinance proposed by Ed Pace is cruel.
And ineffective. While infants and toddlers may need a great deal of parental supervision, it is foolish to
believe that our youth will appreciate or accept a heavy handed control of their bodies and their minds.
As young people mature in body and mind they will need guidance and information, not the
domineering subservience suggested by this ordinance.
It is cruel because there are young girls who can count on being slapped by their mothers and called a
whore, locked in a closet by their fathers and called "damaged goods", when they reveal an unplanned
pregnancy. I know this because, as a pastor, I have had such experiences shared with me by young
members. There are many unhappy homes where a young person is not safe around their own parents.
Cruel behaviors like this will happen, again and again, if this ordinance insists on the parental
information requirement before young people can access information and education on physical and
mental health.
Young people making significant personal decisions regarding their bodies need safe, kind, competent
advice and medically accurate information. Sometimes that is not in the home. They need to know it is
available to them, and that they are safe in receiving it. Not all parents are kind,well informed or
knowledgeable.
I insist that it is utterly unnecessary and unkind to deny access to bathrooms and lockers for transgender
students. These young people face terrible pressures from bullying and unkindness in school and need
to feel some degree of safety, and respect for their human dignity. There is absolutely no reason to
deny them access to the facilities of the gender with which they identify.To deny them this basic right is
regressive and bigoted.
I ask you to put your energy and efforts into legislation and education that supports the dignity of all
people, including our students, not this cruel and unhelpful ordinance which does not make young
people safe, smarter or well prepared to take their place as productive members in our complex
American society.
-\\\rA
September 26, 2017
Mr. Mayor and Members of the Spokane Valley City Council,
"Proposed Ordinance Protecting Parental Rights" is in direct violation of
the laws of the State of Washington. Do not waste your time on this ordinance that is illegal as
well as potentially extremely costly.
You should have received a letter sent to the City Attorney Driskell form volunteer Attorney
William Block of the ACLU dated September 22 and CC'ed to each of you. I have brought a
highlighted copy to help the Council understand the heavy legal burden you are putting on our
city should you move forward with this illegal ordinance.
I will read these highlights for you. (attached)
I am concerned that the Council has chosen to spend your time on an ordinance of this nature.
I encourage you to recognize that this ordinance must be dismissed and the rule of law
followed so that you can get back to the work of making Spokane Valley a place of clean water,
good roads, strong neighborhoods, and community minded businesses.
Sincerely,
dIP
vei�G
AA.4 L .
q
ev. Genavieve Heywooe
Pastor
Veradale United Church of Christ
611N Progress Road
Spokane Valley, WA 99206
,EMIL1CHIANG
LEGAL DIRECTOR ACLU
JOHN MIDGLEY
NANCY TALNER
SENIOR STAFF ATTORNEYS AMERICAN CIVIL LIBERTIES UNION
of WASHINGTON
PRACHI DAVE
LISA NOWLIN
BREANNE SCHUSTER September 22 2017
STAFF ATTORNEYS p
JESSICA WOLFS
EQUAL JUSTICE WORKS CityAttorney Cary Driskell
FELLOW cdriskell@spokanevalley.org
JENNIFER GUNNELL
LEGAL FELLOW
Re: Proposed Parental Rights Ordinance
Dear City Attorney Driskell,
We understand that the Spokane Valley City Council has placed on its Advance
Agenda an ordinance described as a"Parental Rights Ordinance". We write because,
as I am sure you recognize, if adopted, this ordinance purports to override federal and
AMERICAN CIVIL state law, would seriously misinform your residents, and would sow confusion and
LIBERTIES UNION
OF WASHINGTON promote illegal action.
FOUNDATION
901 FIFTH
NUE
SEATTLE,WAE98164#630 First, the ordinance purports to give your residents absolute control over the decision
T/206.624.2184 whether to vaccinate their children. It has been clear since 1905, however, that states
F/206.624.2190
WWW.ACLU-WA.ORG can impose mandatory vaccination requirements. See Jacobson v. Commonwealth of
JEAN ROBINSON Massachusetts, 197 U.S. 11 (1905). States can also make vaccination a condition of
BOARD PRESIDENT entry into schools. See Philips v. City of New York, 775 F.3d 538 (2nd Cir. 2015). In
KATHLEEN TAYLOR Washington State vaccinations are a condition of entry into licensed child care and
EXECUTIVE DIRECTOR schools. An exemption can be claimed in specified circumstances with a specified
procedure,but not outside those circumstances and not at the mere discretion of the
parent. In addition, if an epidemic were to commence, the state could revert to a
mandatory vaccination requirement that would override all objections. The
declaration of total parental control is also inaccurate to the extent it conflicts with the
Mature Minor Doctrine,see Smith v. Seilby, 72 Wn. 2d 16 (Wash. 1967), under which
a Mature Minor may receive immunizations without the consent of the parent.
Second, it is the responsibility of health care professionals to decide the best
quarantine requirements to prevent spread of disease. See RCW 43.20.050; WAC
246-100-040. The ordinance's statement that parents can override that medical
determination has, again,been rejected since Jacobson in 1905 and, if followed,
could lead to disastrous results for the entire community as well as the possibility of
imprisonment for the person disobeying the quarantine order. See RCW 70.05.120.
Third, the ordinance purports to give your residents absolute control over their
children's schooling. RCW 28A.225.010, however, requires that all children between
the ages of 8 and 18 be enrolled in public school,with certain specified exceptions.
Although one of those exceptions is home schooling, such schooling must meet
certain very clear requirements that a parent must satisfy in order to comply with the
law. State law also establishes the standards for basic education and for evaluating
certificated classroom teachers. RCW 28A.150 RCW; RCW
September 22, 2017
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28A.405.100. Municipalities have no authority to exempt their residents from those
requirements. Courts have uniformly rejected challenges by individual parents to
curriculum or content of instruction, concluding that"[w]hile parents may have a
fundamental right to decide whether to send their child to a public school, they do not
have a fundamental right generally to direct how a public school teaches their child."
Blau v. Fort Thomas Pub. Sch. Dist., 401 F.3d 381, 395-96 (6th Cir. 2005) (citing
consistent holdings by federal circuit courts); see also Fields v. Palmdale Sch. Dist.,
447 F.3d 1187, 1190 (9th Cir. 2006). To suggest to your residents that they can ignore
public school requirements does them and their children a grave disservice and limits
the community's ability to ensure a quality education for all its children.
Fifth, with respect to health care, a number of Washington statutes, in addition to the
Mature Minor Doctrine, authorize specified classes of minors (depending on the
circumstance) the right to access health care services without parental consent and, in
specified situations, without parental knowledge. See, e.g., RCW 7.70.050(4),
9.02.100, 70.24.110, 71.34.500, 71.34.530, 70.96A.096, 70.96A.230, 70.96A.235;
Smith v. Seilby, 72 Wn.2d 16; State v. Koome, 84 Wn.2d 901 (Wash. 1975). Certain
of these rights are also protected by the United States Constitution. See, e.g., Bellotti
v. Baird, 443 U.S. 622 (1979). A municipal ordinance purporting to decree that
parents can violate their children's statutory and constitutional rights is not only
unenforceable and ineffective, it is an extremely inappropriate municipal action.
Finally,while parents are certainly able to prevent their children from entering many
places where they might meet diverse people,your ordinance suggests that such
decisions may be made without consequence. That is not the case. For example,
instructing a child not to use a locker room because the parent objects to the sexual
orientation of a teammate may limit the child's ability to participate in a sport. More
important, the ordinance seems to encourage discrimination based on gender
expression or identity in violation of RCW 49.60.030. Further, the use of the word
"protect" seems to invite physical confrontation, which would be a felony.
We hope you will consider the established law and make the appropriate decisions
when considering this ordinance
September 22, 2017
Page 3
I will be out of the country beginning September 28, after which time you should
direct all further correspondence to Elisabeth Smith, Legislative Director of the
ACLU of Washington at esmith@aclu-wa.org or 206 624-2184. Prior to that date you
may contact me at 206 399-3033.
Sincerely,
/s William Block
ACLU Volunteer Attorney
CC:
Mayor Rod Higgins
rhiggins@spokanevalley.org
Councilmember Caleb Collier
ccollier@spokanevalley.org
Deputy Mayor Arne Woodard
awoodard@spokanevalley.org
Councilmember Ed Pace
epace@spokanevalley.org
Councilmember Pam Haley
phaley@spokanevalley.org
Councilmember Sam Wood
swood@spokanevalley.org
Councilmember Mike Munch
mmunch@spokanevalley.org