SNAZA v. STATE

No. 101375-2.

534 P.3d 1181 (2023)

Robert SNAZA, in his official capacity as Sheriff of Lewis County, Washington; Sean Swope, in his official capacity as District 1 Commissioner of Lewis County, Washington; Lindsey Pollock, in her official capacity as District 2 Commissioner of Lewis County, Washington; Gary Stamper, in his official capacity as District 3 Commissioner and Chair of the Board of County Commissioners for Lewis County, Washington; Joseph Helm, in his official capacity as Sheriff of Columbia County, Washington; Ryan Rundell, in his official capacity as District 1 Commissioner and Chair of the Board of County Commissioners for Columbia County, Washington; Marty Hall, in his official capacity as District 2 Commissioner of Columbia County, Washington; Charles Amaarein, in his official capacity as District 3 Commissioner of Columbia County, Washington; Raymond Maycumber, in his official capacity as Sheriff of Ferry County, Washington; Derek Gianukakis, in his official capacity as District 1 Commissioner of Ferry County, Washington; Nathan Davis, in his official capacity as District 2 Commissioner and Chair of the Board of County Commissioners for Ferry County, Washington; Michael Heath, in his official capacity as District 3 Commissioner of Ferry County, Washington; Drew Hyer, in his official capacity as Sheriff of Garfield County, Washington; Jim Nelson, in his official capacity as District 1 Commissioner of Garfield County, Washington; Larry Ledgerwood, in his official capacity as District 2 Commissioner of Garfield County, Washington; Justin Dixon, in his official capacity as District 3 Commissioner and Chair of the Board of County Commissioners for Garfield County, Washington; Tom Jones, in his official capacity as Sheriff of Grant County, Washington; Danny Stone, in his official capacity as District 1 Commissioner of Grant County, Washington; Rob Jones, in his official capacity as District 2 Commissioner of Grant County, Washington; Cindy Carter, in her official capacity as District 3 Commissioner and Chair of the Board of County Commissioners for Grant County, Washington; David S. Brown, in his official capacity as Sheriff of Skamania County, Washington; Richard Mahar, in his official capacity as District 1 Commissioner of Skamania County, Washington; Tom Lannen, in his official capacity as District 2 Commissioner and Chair of the Board of County Commissioners for Skamania County, Washington; Bob Hamlin, in his official capacity as District 3 Commissioner of Skamania County, Washington; Ozzie Knezovich, in his official capacity as Sheriff of Spokane County, Washington; Josh Kerns, in his official capacity as District 1 Commissioner of Spokane County, Washington; Mary Kuney, in her official capacity as District 2 Commissioner of Spokane County, Washington; Al French, in his official capacity as District 3 Commissioner of Spokane County, Washington, Respondents, v. STATE of Washington, Appellant.

Supreme Court of Washington, En Banc.

Filed September 14, 2023.


Attorney(s) appearing for the Case

Jeffrey Todd Even , Washington State Legislature, P. O. Box 40500, Olympia, WA, 98504-0500, Alexia Diorio , Wash. Office of the Attorney General, 800 Fifth Ave. Ste. 2000, Seattle, WA, 98104-3188, Katie Schiewetz Worthington , Attorney at Law, P. O. Box 40111, Olympia, WA, 98504-0111, for Appellant.

Jonathan L. Meyer , Sara I. Beigh , Lewis County Pros. Attorneys Office, 345 W. Main St. Fl. 2, Chehalis, WA, 98532-4802, Matthew Lee Newberg , Garfield County Pros. Attorneys Office, P. O. Box 820, Pomeroy, WA, 99347-0820, Kathryn Isabel Burke , Ferry County Pros. Attorneys Office, 350 E. Delaware Ave. Stop 11, Republic, WA, 99166-9747, Garth Louis Dano , Attorney at Law, 100 E. Broadway Ave., Moses Lake, WA, 98837-1740, Kevin James McCrae , Grant County Pros. Attorneys Office, 35 C St. Nw, P. O. Box 37, Ephrata, WA, 98823-0037, F. Dayle Andersen Jr. , Spokane County Pros. Attorneys Office, 1100 W. Mallon Ave., Spokane, WA, 99260-0270, Kiefer A. Stenseng , Attorney at Law, 1115 W. Broadway Ave., Spokane, WA, 99260-2051, Christopher A. Anderson , Attorney at Law, 1115 W. Broadway Ave., Spokane, WA, 99201-2003, Adam Nathaniel Kick , Derek Anthony Scheurer , Skamania County Pros. Attorneys Office, P. O. Box 790, Stevenson, WA, 98648-0790, C. Dale Slack , Columbia County Pros. Attorneys Office, 215 E. Clay St., Dayton, WA, 99328-1344, for Respondents.

La Rond Baker , Enoka Herat , Jazmyn Clark , American Civil Liberties Union of Wash., P. O. Box 2728, Seattle, WA, 98111-2728, for Amicus Curiae on behalf of ACLU.


¶1 This case concerns article XI, section 5 of the Washington Constitution and asks us to decide the constitutionality of RCW 10.116.030(3)(a), which requires that sheriffs of noncharter counties receive authorization from the chair of the board of county commissioners prior to deploying tear gas1 in...

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