PICS v. SEATTLE SCHOOL DIST., NO. 1

No. 72712-1.

72 P.3d 151 (2003)

149 Wash.2d 660

Certified from the United States Court of Appeals for the Ninth Circuit in PARENTS INVOLVED IN COMMUNITY SCHOOLS, a Washington nonprofit corporation, Plaintiff-counter-defendant— Appellant, v. SEATTLE SCHOOL DISTRICT, NO. 1, a political subdivision of the State of Washington; Joseph Olchefske, in his official capacity as superintendent; Barbara Schaad-Lamphere, in her official capacity as President of the Board of Directors of Seattle Public Schools; Donald Neilson, in his official capacity as Vice President of the Board of Directors of Seattle Public Schools; Steven Brown; Jan Kumasaka; Michael Preston; Nancy Waldman, in their official capacities as members of the Board of Directors, Defendants-counter-claimants—Appellees.

Supreme Court of Washington, En Banc.

Decided June 26, 2003.


Attorney(s) appearing for the Case

Davis Wright Tremaine, Daniel Ritter, Harry Korrell, Seattle, for Appellees.

Bennett Bigelow & Leedom, Michael Madden, Carol Janes, Mark Green, Seattle, for Appellant.

Preston Gates & Ellis, Paul Lawrence, Seattle, Amicus Curiae on behalf of American Civil Liberties Union.

Pacific Legal Foundation, Russell Brooks, Bellevue, Sharon Browne, Sacramento, CA, Amicus Curiae on behalf of Pacific Legal Foundation, Amicus Curiae on behalf of Center for Equal Opportunity, Amicus Curiae on behalf of American Civil Rights Institute.

Schroeter Goldmark & Bender, Jeffrey Robinson, Sandra Widlan, Seattle, Amicus Curiae on behalf of Urban League of Metropolitan Seattle.


CHAMBERS, J.

We are asked by the Ninth Circuit Court of Appeals to interpret RCW 49.60.400 to determine whether it prohibits all race-cognizant state government action or whether the act allows some race-cognizant state action, while limiting others. We are also invited to determine whether the Washington Constitution's unique treatment of education requires racial integration in schools, or merely permits integration absent legislation to the contrary.

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