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Posted on: February 28, 2019

Washougal City Attorney Issues Legal Opinion Regarding Enforcement of I-1639

After the Washougal City Council heard from citizens concerned about the constitutionality of I-1639, requesting that the Council take up a resolution indicating that Washougal would not enforce its provisions, the Council requested a legal opinion from City Attorney Ken Woodrich. The City Attorney’s opinion has been received and indicates in summary that: “Until a statute is either overturned or stayed by the courts, it is presumptively constitutional and an ordinance or rule adopted contrary to a statute is preempted and legally null and void. Failing to enforce the statute would violate the Oath of Office sworn to by law enforcement officers, elected officials and the City Manager.” The complete legal opinion has been provided to the Council and has been made publically available. At this time there are no plans to include further discussion of this issue on a future Council agenda.

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Related Documents

Press Release: Washougal City Attorney Issues Legal Opinion Regarding Enforcement of I-1639
Washougal City Attorney Opinion on I-1639.pdf

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