Despite a blistering dissent from a third judge, two federal appeals-court judges have decided to put former Lacey RV resident Jack Potter’s federal lawsuit appeal on hold while they ask the Washington Supreme Court to weigh in on some of the legal issues that Potter raised in his lawsuit against Lacey and its RV Parking Ordinance (Lacey Municipal Code 10.14.020-.045).
The Lacey RV ordinance makes it unlawful for people living in RVs to camp or store personal property in “any park,” “any street,” or “any publicly owned parking lot or publicly owned area, improved or unimproved” between 10 pm and 7 am or in residential zones at any time.
The three-judge panel of the US Court of Appeals for the Ninth Circuit voted 2-1 to ask the Washington Supreme Court to consider certain questions last Thursday, August 18, in an “Order Certifying Question to the Washington Supreme Court” in the case of Potter v City of Lacey.
Potter first filed his challenge to Lacey’s RV ordinance in Superior Court for Thurston County in September 2020. The City of Lacey and a second defendant, retired Lacey police chief Ken Semko, promptly got the case transferred to federal court under a process called “removal,” which allows defendants to force suits over federal issues out of state courts and into federal courts. The federal district court in Tacoma rapidly dismissed Potter’s case in March 2021.
After hearing oral argument on the case, two of the three federal judges want the Washington Supreme Court to say whether the Washington State Constitution or some other Washington law protects the right to travel within the state and, if such state-law protections exists for travel within Washington, does Lacey’s ordinance intended to crack down on RV parking in Lacey violate the intrastate travel right.
The third judge on the Ninth Circuit panel would have preferred a flat rejection of Potter’s suit, writing that Lacey’s ordinance “does not violate any conception of the right to intrastate travel, even assuming such a right exists—whether under the Washington or federal constitution.”
If the Washington Supreme Court agrees to answer the “Certified Question” from the Ninth Circuit, it will schedule briefings and arguments and Potter and the defendants will argue the question to the court, which will eventually issue an opinion back to the Ninth Circuit Court of Appeals.
John Gear moved to Olympia in 2019 but continues running his values-based Oregon law practice serving consumers, elders, employees, and nonprofits as he has since 2010.
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Cobbnaustic
Lacey looks like a third world drug den. Every time I drive by the hospital it makes me sick... And the bad part is they allow this.
Monday, August 22, 2022 Report this
Catacam
The area around the hospital is Olympia, not Lacey.
Monday, August 22, 2022 Report this
C K
Sure, keep raising taxes so people can't afford rent or mortgage and must find other ways to stay sheltered and eat then keep them from parking. Lower taxes at every level of American government and reduce bureaucratic bs. Sure there needs to be some regulation but all the extortion money demanded from us in fees, charges, taxes and every other way the bureaucrats try to name it have made it extremely difficult for many to keep a roof over their heads. People could actually afford to live, eat and have a home if there weren't so many greedy guses in all levels of American government, who haven't been held fully accountable personally and professionally. I am so disgusted with those in government who believe we work for them and not the other way around.
Monday, August 22, 2022 Report this
JstPlnOnry
Jack Potter is a convicted *** offender. He was very vocal about being removed from the RV site behind the Lacey Police Dept when they closed the site down. He knew his prior conviction would be grounds to be removed from the site & did not disclose the information. When the police dept required a drivers license & conviction information, Potter would be forced to move from the site so he went on the news claiming he was a victim of discrimination because he was a convicted *** offender & had nowhere else to go. He then moved to Deschutes Rd in his RV & tried to clean up his image by forming the Veteran’s Christian Charity.
JACK L. POTTER
Age: 60
Description: White, 6-foot-1, 240 pounds, gray hair, blue eyes.
Status: Level 1 *** offender.
Registered to live at: Transient.
Criminal history: Convicted at 54 for ***ually assaulting a six-year-old girl.
Tuesday, August 23, 2022 Report this
Cobbnaustic
OK Catacam. They squat right on the border to avoid being towed. Its still an eye sore.
Wednesday, August 24, 2022 Report this