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HomeMy WebLinkAboutEmily_Lewis_Comment_In Opposition_To_Proposed_Renton_City_Council_Ordinance_20220406_Attachment 1200 Westlake Ave N, Suite 802 Seattle, WA 98109 TEL: (206) 906-9346 FAX: (206) 400-2712 WEB:www.martindavislaw.com David M. Otto dotto@martindavislaw.com April 6, 2022 To: Renton City Council From: David M. Otto, Martin Davis, PLLC RE: Comment In Opposition To Proposed Renton City Council Ordinance. Dear Renton City Council: I have been retained by the owners of Puppyland to represent them in opposition to the Renton City Council’s proposed Ordinance, proposed by the Community and Economic Development Department. Please consider this letter as our response in opposition and make it part of your public record. After reviewing thoroughly the proposed Ordinance and controlling RCW’s and Constitutional law, we believe that your proposed Ordinance is Unconstitutional, violates our client’s rights and, if adopted and enforced, would subject the City of Renton to significant liability and other claims from our client. More specifically, we believe that your proposed Ordinance violates multiple laws including the following: 1. The interstate commerce clause of the U.S. Constitution. 2. The implied or dormant commerce clause adopted by Federal Courts in reliance on both the commerce clause and the supremacy clause. 3. The equal protection clause of the U.S. and Washington State Constitutions. 4. The privileges and immunities clause of the U.S. and Washington State Constitutions. 5. The substantive due process clause of the U.S. and Washington State Constitutions. 6. The procedural due process clause of the U.S. and Washington State Constitutions. 7. The recently enacted RCW statutes on pet shop sales which, as a matter of Constitutional law, are supreme and occupy the field. 8. Multiple provisions of the City of Renton Municipal Code. In short, given that our client is one of only a few owners of local, independent pet stores that sell pets in the City of Renton, it also appears to be specifically directed at our client and our client’s business and, as such, appears to violate spot zoning and constitutes an unjustifiable taking that would entitle our client to just compensation. 2 If you decide to proceed with your hearing and efforts to adopt this ill-advised Ordinance, please: a) Note our objection to the Ordinance and make it part of the public record; b) Include this letter in the record as part of our initial response and objection to any planned ordinance or regulation that targets or limits my client’s business; and c) Provide us with your legal research and explanation as to how you believe that this proposed Ordinance does not violate the RCWs on Pet Shops that “occupy the field” and how it does not violate our client’s Constitutional rights under both the U.S. and Washington State Constitutions. Best Regards, Martin Davis, PLLC David M. Otto, The Managing Partner