Grant T. Cogswell v. City of Seattle City of Seattle Ethics and Elections Commission

The City of Seattle and the City of Seattle Ethics and Elections Commission (together, “Seattle”) appeal the district court’s grant of summary judgment in favor of plaintiff Grant T. Cogswell (“Cogs-well”). Evaluating Seattle Municipal Code 2.14.060(C), which prohibits references to political opponents in candidate statements included in Seattle voters’ pamphlets, under the reasonableness standard applied to limited public fora, the district court held that the restriction, although reasonable, was unconstitutionally viewpoint discriminatory. We have jurisdiction over Seattle’s timely appeal under 28 U.S.C. § 1291 , and we reverse.

BACKGROUND

I. The Restriction

The Revised Code of Washington § 29.81A.010 authorizes the publication of a voters’ pamphlet in local elections as a “voter education resource.” In order to offer a voters’ pamphlet, a city must adopt an ordinance governing the publication of the voters’ pamphlet, as well as the administrative rules necessary to carry out the ordinance. Section 29.81A.030(3) provides that “[a]ny statements by a candidate shall be limited to those about the candidate himself or herself.”

Pursuant to state law, the Seattle City Council…