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GENDLER v. BATISTE

No. 85408-4.

274 P.3d 346 (2012)

174 Wn.2d 244

Michael W. GENDLER, Respondent, v. John R. BATISTE, Washington State Patrol Chief, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 12, 2012.

Attorney(s) appearing for the Case

Rene David Tomisser , Office of the Attorney General, Olympia, WA, for Petitioner.

Keith Leon Kessler , Garth L. Jones , Stritmatter Kessler Whelan Coluccio, Hoquiam, WA, Kenneth Wendell Masters , Shelby R. Frost Lemmel , Masters Law Group PLLC, Bainbridge Island, WA, for Respondent.

Kathrine George , Harrison Benis & Spence LLP, Seattle, WA, amicus counsel for Allied Daily Newspaper of Washi. and Washington Newspaper Publishers.

Michael E. Tardif , Friemund Jackson Tardif & Benedict Garra, Olympia, WA, amicus counsel for Washington Cities Insurance Auth. and Washington Countries Risk Pool.

Bryan Patrick Harnetiaux , Spokane, WA, George M. Ahrend , Ahrend Law Firm PLLC, Moses Lake, WA, amicus counsel for Washington State Association for.

FAIRHURST, J.

¶ 1 This case involves the Public Records Act (PRA), chapter 42.56 RCW, and its interplay with two statutes, RCW 46.52.060 and 23 U.S.C. § 409. Michael W. Gendler made a public records request for location-specific accident reports from the Washington State Patrol (WSP). The WSP refused to provide the records unless Gendler certified that he would not use the records in any litigation against the State, claiming a federal statute, 23 U.S.C...

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