HOUSE BILL REPORT

HB 555

BYRepresentatives Wineberry, Locke and Patrick

Authorizing writ of mandamus where permit to use public property denied when a right protected by the 1st & 14th Amendments to the U.S. Const. or by Art. I, §3 of the Wash. Const. is involved.

House Committe on Judiciary

Majority Report:     Do pass.  (15)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, P. King, Lewis, Niemi, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Paul Browne (786-7310)

AS PASSED HOUSE MARCH 12, 1987

BACKGROUND:

Requiring a permit to use public property can be a valid means of implementing restrictions on the time, place and manner of activities protected by the First Amendment.  Because the permit requirement may operate as a prior restraint on protected activities, the system needs to provide adequate procedural safeguards, including prompt judicial review.  Permit regulations lacking these safeguards have been held unconstitutional in federal courts.  Currently, Washington has no specific procedure for prompt judicial review concerning the issuance or withholding of a permit to use public property.

A procedure available to a court to remedy an improper denial of a permit is a writ of mandamus.  This writ is issued by a court to an official compelling performance of an act which the law recognizes as a duty.

SUMMARY:

Procedures are provided for prompt judicial review concerning withholding of a permit to use public property.  When an applicant for a writ of mandamus alleges that a government action denies or infringes a constitutionally protected right to use public property, a trial must be scheduled within 30 days of the application, and the court may reduce the required notice to be given to the other party from ten to three days.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Jorgen Bader, Seattle City Attorney's Office, Jerry Sheehan, American Civil Liberties Union.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     This legislation would allow a person to have his dispute resolved before the date he desires to use a public facility.

House Committee - Testimony Against: None Presented.