American Dream

As cities and counties prepare to implement measure 37, opponents are trying to figure out how to kill it. One way is through the courts, another through the legislature. The measure goes into effect on December 2.

One possible court challenge would be to the measure's exemption for adult book stores. When Washington state property rights advocates put a compensation measure on the ballot, opponents claimed the measure would "subsidize pornographers" by requiring compensation for any zoning restriction against adult book stores. The measure lost, so the writers of measure 37 exempted adult book stores from the measure. Now environmentalists are expected to challenge the law on the ground that it unfairly abridges freedom of speech. Even if they win, it won't kill 37--instead, it is likely that all it will mean is that 37 applies to adult book stores in addition to everyone else.

In the legislature, which first meets in January, one senator has already proposed a bill to end measure 37's retroactivity. Measure 37 is retroactive to the date landowners purchased their land. Democratic Senator Kurt Schrader would maintain the compensation requirement for all future land-use rules but end the retroactive nature of measure 37. This is not likely to pass, but the legislature may still attempt to tinker with the law.