complaint for declaratory relief - ACLU of Washington

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
No State shall …deny to any person within its jurisdiction the equal protection
of the laws.
28. State restrictions that deny the fundamental right to vote based upon the failure
to pay legal financial obligations unlawfully deprive Plaintiffs, who are citizens of the United
States, of the equal protection of the laws.
29. Because such voting restrictions violate the Equal Protection Clause of the
Fourteenth Amendment, Plaintiffs are entitled to a judgment declaring such restrictions
unconstitutional and void.
30. Defendants’ actions taken under color of state law violate the Equal Protection
Clause of the Fourteenth Amendment to the United States Constitution, and are thus made
actionable through 42 U.S.C. § 1983.
B. Violation of Washington Const. Art. I, § 19
31. Washington Const. Art. I, § 19 provides:
All elections shall be free and equal, and no power, civil or military, shall at any
time interfere to prevent the free exercise of the right of suffrage.
32. State restrictions that deny the fundamental right to vote based upon the failure
to pay legal financial obligations unlawfully deny the free exercise of the right of suffrage
afforded by Washington Const. Art. I, § 19.
33. Because such voting restrictions violate Washington Const. Art. I, § 19,
Plaintiffs are entitled to a judgment declaring such restrictions unconstitutional and void.
C. Violation of Washington Const. Art. I, § 12
34. Washington Const. Art. I, § 12 provides:
No law shall be passed granting to any citizen, class of citizens, or corporation
other than municipal, privileges or immunities which upon the same terms shall
not equally belong to all citizens, or corporations.
COMPLAINT FOR DECLARATORY RELIEF -- 7
Heller Ehrman White & McAuliffe LLP
701 Fifth Avenue, Suite 6100
Seattle, Washington 98104-7098
Telephone (206) 447-0900