Controversial immigration initiative could be headed to the ballot in Spokane

Spokane voters may see a controversial immigration initiative on ballots in November 2017, but not before a promised challenge in the courts.

On Monday, the Spokane City Council reversed course and put the “sanctuary city” initiative on the next municipal ballot. They did so after receiving an opinion from the city attorney’s office that council members say gave them little choice.

If approved by voters 21 months from now, the initiative would overturn the council’s 2014 decision restricting city employees, including police officers, from inquiring into an individual’s immigration status.

The council considered preventing the initiative from appearing on ballots after Jackie Murray, who filed the petition for the initiative, asked the city not to move ahead. After withdrawing her support of the initiative, Murray said Councilman Mike Fagan and the anti-immigration group Respect Washington used her as a “working class” pawn and “tricked” her into leading the petition signature drive.

In January, Council President Ben Stuckart said city legal staff had recommended not putting the initiative on the ballot due to Murray’s role and subsequent disavowal. On Monday, that reasoning appeared to shift when a legal memorandum was sent to Stuckart and other council members arguing otherwise.

“It would seem that the council has little choice under the city code and is required to place the issue on a ballot,” according to the memo, written by Assistant City Attorney Mike Piccolo.

Citing a desire to avoid the heavy crowds that would flood council chambers if members waited a week to follow Piccolo’s advice, Stuckart recommended suspending the council’s procedural rules and putting it on the ballot. The council agreed with unanimous votes.

On Tuesday, Stuckart said he anticipated the ballot measure would be challenged in court, and suggested Murray might be part of that fight.

“I’m sure there will be court challenges between now and then,” Stuckart said. “I think she has a perfectly legitimate case before the courts. It’s just not a legislative decision at this point.”

Rick Eichstaedt, executive director of the Center for Justice, has promised legal action against the initiative before, which he reiterated on Tuesday.

“There will be a challenge,” he said, suggesting that Murray’s opposition to the initiative weakened its chances of standing up in court.

Eichstaedt also said a recent state Supreme Court ruling on another Spokane ballot initiative, Envision Spokane’s Community Bill of Rights, also weakened the immigration measure’s chances of surviving in court. Earlier this month, the court ruled that the 2013 proposal went beyond matters local citizens can decide at the ballot box.

“That ruling said you can do a pre-election challenge on the substance of the initiative,” Eichstaedt said.

The effort to block the measure won’t begin anytime soon, Eichstaedt said, given the 21-month wait.

“Frankly, there’s no incentive to quickly challenge it,” Eichstaedt said. “We’re not going to rush to court.”