Interesting article by Marilyn Napier of the Skagit Valley Herald reported that a new state law proposed by the Skagit County Prosecuting Attorney will allow local governments to evict residents from certain buildings contaminated by methamphetamine, even without evidence of manufacturing. The new law takes effect on July 23, 2017.
State House Bill 1757 was created by the problems that arose at Burlington’s Sterling Motor Inn. Apparently, the hotel was found to have widespread high levels of methamphetamine contamination. As a result, the City of Burlington wanted residents of the motel to evacuate because the level of contamination was considered unsafe. Although the residents, some of whom had lived at the motel for years, left voluntarily, the city and Skagit County did not have the legal authority to evict them.
Because of the Clandestine Drug Lab law, the Skagit County Public Health Department was unable to evict the residents because the law required that there be evidence of drug manufacturing.
THE PROPONENTS.
Skagit County Prosecuting Attorney Rich Weyrich and the Washington Association of Prosecuting Attorneys wrote the bill, which was sponsored by Rep. Dave Hayes, R-Camano Island, and was passed by both the state House and state Senate in mid-April.
“This takes away the idea that you have to have evidence of manufacturing meth. Now you just have to show that there is meth residue present,” Weyrich said. Gov. Jay Inslee signed the bill April 25.
Burlington Mayor Steve Sexton said he doesn’t think the Sterling Motor Inn incident is going to be the last time the city deals with a contaminated property.
“I think that (the law) is what it takes for Skagit County to do the job they should do in situations like that,” he said. “This is what the county said they needed.”
A BLIGHT IN THE COMMUNITY.
Apparently, the state health department reported that about 60 percent of the rooms did not have fire safety measures, such as working smoke detectors. Violations also included rodent infestation in the laundry room, storage shed and the electrical panel room.
Beyond the failed health inspection, the motel had been the center of about 200 calls to police in 2015, a number that had continued to increase since 2009. According to police, officers had been called for weapon offenses, domestic violence, drug deals, prostitution, burglary and assault. Harrison added the law is good news for the public.
My opinion? This law is questionably unconstitutional. Although governments can pass laws for public safety reasons, they cannot make laws which violate people’s constitutional rights. Here, an “automatic eviction” lacking due process – or based on evidence which was obtained through unlawful search and seizure – might end up patently violating people’s individual rights. We’ll see what happens.
For more information on Search and Seizure, please refer to my Legal Guide titled, Search & Seizure: Basic Issues Regarding Their Search for Weapons, Drugs, Firearms and Other Contraband.
And please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
