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KITSAP COUNTY v. MATTRESS OUTLET/KEVIN GOULD

No. 73913-7.

104 P.3d 1280 (2005)

KITSAP COUNTY, Respondent, v. MATTRESS OUTLET/KEVIN GOULD, Petitioners.

Supreme Court of Washington, En Banc.

Decided January 27, 2005.

Attorney(s) appearing for the Case

Talmadge & Stockmeyer, Philip Talmadge, Emmelyn Hart-Biberfeld, Tukwila, Cullen & Bernstein, Paul Cullen, Seattle, for petitioners.

Russell Hauge, Kitsap County Prosecutor, Philip Bacus, Deputy, Port Orchard, for respondent.

IRELAND, J.*

In this case we decide the constitutionality of Kitsap County's sign ordinance, which the county claims prohibits Mattress Outlet's use of raincoat-clad workers as offsite advertisements. We hold that Kitsap County's Code (KCC) 17.445.070(C), as applied to the Mattress Outlet raincoats, is an unconstitutional restriction of commercial speech. Therefore, we reverse the superior court and affirm the district court's dismissal...

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