Wash. Fed'n of State Emps., Council 28, v. State (Majority and Concurrence)
Annotate this CasePetitioner the Freedom Foundation requested the identities and workplace contact information for Washington state public employees. To prevent disclosure of this information, affected employees sought declaratory and injunctive relief through the Washington State Federation of State Employees and other labor unions (Unions). The Unions alleged their members, who were victims of domestic violence, sexual abuse, stalking, and harassment, possessed a constitutional liberty interest in personal security that the government would violate by releasing the requested information. The courts below agreed. On appeal, the Foundation argued no such fundamental right existed, the Unions lacked standing, and the Unions failed to bring justiciable claims. During the course of this case, the Washington State Legislature enacted a law exempting the requested information from disclosure under the Public Records Act (PRA), ch. 42.56 RCW. The Washington Supreme Court held the Unions had standing and brought justiciable claims on behalf of their members. However, the Unions did not demonstrate particularized harm to affected public employees; therefore, they did not satisfy the PRA injunction standard. The Court thus affirmed the Court of Appeals on these grounds. The Supreme Court reversed the Court of Appeals’ ruling on declaratory relief because this matter could be resolved on nonconstitutional grounds. Accordingly, the Court remanded this case to the superior court to apply the new statutory exemption.
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