H-531                _______________________________________________

                                                    HOUSE BILL NO. 483

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Appelwick and Wineberry

Read first time 2/4/85 and referred to Committee on Judiciary.

AN ACT Relating to providing for prompt judicial review of governmental actions relating to the use of public facilities when First Amendment rights are affected; amending RCW 7.16.160; adding a new section to chapter 7.16 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 16, chapter 65, Laws of 1895 and RCW 7.16.160 are each amended to read as follows:

          It may be issued by any court, except a justice's or a police court, to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station, or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board or person, or, to order the issuance or withholding of a permit to use public property, when a right protected by the First and Fourteenth Amendments to the United States Constitution, or Article I, section 3 of the Washington Constitution is involved.

NEW SECTION. Sec. 2.  A new section is added to chapter 7.16 RCW to read as follows:

          When time is of the essence, and the applicant for a writ of mandamus alleges that a governmental action denies or infringes a right to use public property, which right is protected by the First and Fourteenth Amendments to the United States Constitution, or Article I, section 3 of the Washington Constitution, the court may reduce the number of days' advance notice of application to three days, and, shall schedule a trial to commence within thirty days from the date of the application, in order to determine whether or not the writ shall issue.

NEW SECTION. Sec. 3.     This act is supplemental and additional to other authorizations or procedures for obtaining judicial relief.  It does not limit a party, whose constitutional rights may be affected, from seeking other remedies available by statute, or court rule, or at common law, nor restrict a court's authority to grant appropriate relief.