Seattle v Williams :: 128 Wn2d 341
Category: Bureaucracy and Documents
The focus of this case is whether a local traffic ordinance may be enforced when there is a conflict with State statute. The municipal court determined that the difference in breath standards (for DUI) between the Seattle Municipal Code and the Revised Code of Washington did in fact violate the Supremacy Clause of the State Constitution (art. 11, sec. 11). In other words, the local code violated the “general laws” of the State.
The majority cited the “mischief caused by such nonuniform application of traffic laws. . . . One can easily imagine the problems that such balkanization of our traffic laws would cause motorists who traverse the 38 distinct political jurisdictions that Interstate 5 crosses . . ..”
The minority agrees with the City on constitutional grounds. They argue that the law does not violate the Constitution. But their argument deteriorates into a maze of capital letters and numbers and a reference to art. 11, sec 10 which appears to give large cities some autonomy. But this clause in fact holds their authority under the jurisdiction of the Constitution and the laws of the State.
The majority, using long held precedent, rejected the constitutional arguments, stating that, “if, in order to resolve an issue before us, it is not necessary to reach a constitutional question, an appellate court should decline to do so.” Then they use the next six pages to explain that uniformity of traffic laws are mandated by RCW 46.08.020 and .030.
The issue that all sides neglect, whether by intent or ignorance, is this: Does the acceptance of a driver’s license constitute a contract with the State? If so, whose law has the driver contracted to conform to?
Rating the Usual Suspects:
| pass | Alexander, Gerry | |
| pass | Durham, Barbara | |
| pass | Guy, Richard | |
| pass | Halpert, Helen | |
| pass | Johnson, Charles | |
| pass | Madsen, Barbara | |
| pass | Utter, Robert | |
| fail | Dolliver, James | |
| fail | Innis, Jeanne | |
| fail | Sidren, Mark | |
| fail | Smith, Charles | |
| fail | Talmadge, Phil |