WASHINGTON WATER JET WORKERS ASS'N v. YARBROUGH

No. 70814-2.

90 P.3d 42 (2004)

151 Wash.2d 470

WASHINGTON WATER JET WORKERS ASSOCIATION; Talon Industries, Inc.; Cutting Technology, Inc.; Pacific-Rim Enterprises, Ltd.; Jetpoint Technologies L.L.C.; Specialty Metals Corp.; Definitive Solutions & Technologies, Inc.; and Maxtec, Inc., Appellants, v. Howard YARBROUGH, in his official capacity as the Administrator of the Division of Correctional Industries; Washington State Department of Corrections, Division Of Correctional Industries; Jet Holdings, Ltd., d/b/a Microjet; and Kenneth Piel and Sharon Piel, Respondents.

Supreme Court of Washington, En Banc.

As Amended May 27, 2004.


Attorney(s) appearing for the Case

Richard Stephens, Bellevue, for Appellants.

Michael Ballnik, Seattle, Cutler, Nylander, Robert Nylander, Philip Cutler, Seattle, Christine Gregoire, Attorney General, Talis Merle Abolins, Carol Murphy, Assist., Olympia, for Respondents.

Hugh Davidson Spitzer, Foster Pepper & Shefelman PLLC, Seattle, for Amicus Curiae (AFL-CIO)(Washington State Labor Council).

Greg Overstreet, Perkins Coie LLP, Olympia, Kristopher Ian Tefft, Association of Washington Business, Olympia, for Amicus Curiae (Association of Washington Business).

Greg Overstreet, Perkins Coie LLP, Olympia, for Amicus Curiae (Monroe Welding Inc), (Nat'l Federation of Independent Business), (Standard Steel Fabricating Inc.), (United Iron Works Inc.).

Gregory Mann Miller, Seattle, Anne Elizabeth Melley, Burien, for Amicus Curiae (Private Industries in Prison Association).

Gregory Mann Miller, Seattle, Anne Elizabeth Melley, Burien, for Amicus Curiae (Seven Class I Industry Employers), (The Workman Fund).


BRIDGE, J.

In Washington Water Jet Workers Ass'n v. Yarbrough, 148 Wn.2d 403, 61 P.3d 309 (2003) (Water Jet I), this court held that article II, section 29 of the Washington Constitution solely applies to and prohibits the State from engaging in the contract system of prison labor. Id. at 405-06, 61 P.3d 309. Under that holding, the existing...

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