The Washington Court of Appeals ruled on October 6, 2026, in a case involving a local initiative petition submitted by the United Food and Commercial Workers Local 367 and the Tacoma-Pierce County Democratic Socialists of America. The court's decision impacts local voters and the process by which initiatives can be enacted in Tacoma.
The case arose after the City of Tacoma rejected an initiative petition that aimed to enact a local ordinance. The petition, which included approximately 10,000 signatures, was submitted on June 24, 2025. The City Council ultimately rejected the initiative, claiming it could not be placed on the November 2025 ballot due to a missed deadline. The court's ruling clarifies the responsibilities of local government in handling initiative petitions and the timeline for such processes.
Background
The parties involved in this case are the United Food and Commercial Workers Local 367 (UFCW), a labor union, and the Tacoma-Pierce County Democratic Socialists of America, who sponsored the petition. They filed a lawsuit against the City of Tacoma and Pierce County after the City Council rejected their initiative. The dispute centers around whether the City Council acted within its rights and followed the proper procedures in handling the initiative petition.
The initiative petition was submitted to the City Clerk after a verification process by the Pierce County Auditor’s Office (PCAO). The PCAO confirmed that the petition had enough valid signatures to proceed. However, the City Council rejected the initiative on August 8, 2025, claiming it could not be placed on the November ballot because the state law deadline had passed on August 5.
The Ruling
The court ruled that while the City Council did not unreasonably delay in its review of the initiative, it acted in an arbitrary and capricious manner by passing a resolution to place the initiative on the November ballot after the deadline had passed. The court stated, "The City Council acted in an arbitrary and capricious manner in passing Resolution 41733 which demanded the Pierce County Auditor’s Office to violate State law by placing the initiative on the November 2025 ballot beyond the statutory deadline." This ruling highlights the importance of adhering to both local and state laws regarding initiative processes.
Judge Maxa, writing for the court, affirmed part of the trial court's decision but reversed the part that ordered a special election for February 2026, as that election had already passed. The court emphasized that the City Council must submit the initiative to voters at the next available election, as required by the Tacoma City Charter.
Impact
The ruling has significant implications for the initiative process in Tacoma. It reinforces the requirement that local governments must act within the established timelines for initiatives and ensures that voters' rights to propose legislation through initiatives are protected. This decision may encourage other local organizations to pursue initiatives, knowing that the courts will uphold the processes outlined in local charters and state law.
Moreover, the ruling clarifies the responsibilities of local officials in managing initiative petitions and the importance of timely actions. Local governments must be mindful of both the local charter and state laws to avoid similar disputes in the future.
What's Next
The City of Tacoma has the option to appeal the court's ruling, but details on any potential appeal were not available in the court filing. Additionally, the Union may consider pursuing the initiative in future elections, although the deadlines for upcoming ballots have already passed.