Jack Potter v. City of Lacey

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JACK POTTER, No. 21-35259 Plaintiff-Appellant, D.C. No. v. 3:20-cv-05925-RJB

CITY OF LACEY, ORDER

Defendant-Appellee, CERTIFYING

QUESTION TO THE

and WASHINGTON

SUPREME COURT

KEN SEMKO,

Defendant.

Filed August 18, 2022

Before: Kim McLane Wardlaw, Ronald M. Gould, and Mark J. Bennett, Circuit Judges.

Order; Dissent by Judge Bennett SUMMARY *

Civil Rights

In an action involving federal and state constitutional challenges to the City of Lacey’s recently passed RV Parking Ordinance, the panel certified the following question to the Washington Supreme Court:

Is the right to intrastate travel in Washington protected under the Washington State Constitution, or other Washington law? If Washington state law protects the right to intrastate travel, does the RV Parking Ordinance codified in LMC §§ 10.14.020– 045 violate Jack Potter’s intrastate travel rights?

In certifying the question, the panel noted that it is well- established that adjudication of federal constitutional claims…