WILLIS v. CITY OF SEATTLE

No. 18-35053.

943 F.3d 882 (2019)

Kayla WILLIS; Reavy Washington; Lisa Hooper; Brandie Osborne, individually and on behalf of a class of similarly situated individuals; The Episcopal Diocese of Olympia; Trinity Parish of Seattle; Real Change, Plaintiffs-Appellants, v. CITY OF SEATTLE; Washington State Department of Transportation; Rogar Millar, Secretary of Transportation for WSDOT, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 29, 2019.


Attorney(s) appearing for the Case

Toby J. Marshall (argued), Terrell Marshall Law Group PLLC, Seattle, Washington; Emily Chiang , Nancy Talner , and Breanne Schuster , ACLU of Washington Foundation, Seattle, Washington; Eric A. Lindberg , Kristina Markosova , and Todd T. Williams , Corr Cronin Michelson Baumgardner Fogg & Moore, Seattle, Washington; for Plaintiffs-Appellants.

Matthew J. Segal (argued), Taki V. Flevaris , and Athanasios P. Papailiou , Pacific Law Group LLP, Seattle, Washington; Patrick Downs , Gregory Narver , Carlton Seu , and Gary Smith , Seattle City Attorney's Office, Seattle, Washington; for Defendant-Appellee City of Seattle.

Alicia O. Young (argued) and Matthew D. Huot , Assistant Attorneys General; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Defendants-Appellees Washington State Department of Transportation and Rogar Millar.

J. Dino Vasquez and Joshua Howard , Karr Tuttle Campbell, Seattle, Washington; Eric Tars , National Law Center on Homelessness & Poverty, Washington, D.C.; for Amici Curiae Disability Rights of Washington, et al.

Shenoa Payne and Zachariah Allen , Richardson Wright LLP, Portland, Oregon, for Amici Curiae Civil Procedure Professors.

Partial Concurrence and Partial Dissent by Judge Christen.


OPINION

Multi-Departmental Administrative Rules 08-01 ("MDAR 08-01"), enacted by the City of Seattle in 2008, establish, in part, standard procedures for the removal of unauthorized encampments, camping equipment, and personal property left on city-owned property. The City of Seattle amended its encampment rules in...

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