Good news for homeowners: Trash-check ruled unconstitutional
April 29, 2016
On Wednesday, April 27, King County Superior Court Judge Beth Andrus ruled Seattle’s ordinance allowing trash collectors to look through people’s garbage unconstitutional.
Andrus has also entered an injunction against enforcement of the ordinance, according to the Seattle Times.
“The city could not explain how inspectors can compute the 10 percent limit,” wrote Andrus in her decision, according to the Seattle Times, “without searching through a resident’s garbage bags.”
Originally, the ordinance allowed for $1 fines for single-family homes who didn’t comply, and $50 fines for businesses and multifamily dwellings. The fines started in January 2015, but Mayor Ed Murray postponed them due to widespread cooperation, according to the Seattle Times.
Andrus’ decision will affect many of Blanchet’s students and alumni who live in Seattle. This ruling also sets a precedent for future privacy cases by limiting the reach of city government while protecting the rights of homeowners.
With time, the ramifications of this decision will become clear.
In the meantime, groups like the Pacific Legal Foundation, which filed the lawsuit against the city for this practice last July, are celebrating this victory for privacy and individual rights.