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2000

State and Local Government Law

University of Washington School of Law

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Municipal Police Power In Washington State, Hugh D. Spitzer Apr 2000

Municipal Police Power In Washington State, Hugh D. Spitzer

Washington Law Review

Local governments in Washington State have enjoyed strong regulatory powers since the state's constitution was adopted in 1889. Those "police powers" initially focused on the protection of public health and safety, but broadened in the early twentieth century to encompass the protection of consumers and employees and the promotion of the general welfare. The Supreme Court of Washington sparingly applied "substantive due process" as a brake on the police power and promptly dropped that doctrine when the U.S. Supreme Court ceased its use in the 1930s. However, the vocabulary of substantive due process lived on in state court opinions defining …