Yim et al v. City of Seattle

Filing 37

ORDER granting NHLP and the Korematsu Center's motions for leave to file amicus curiae briefs (Dkt. Nos. 26 , 28 ). The NHLP and the Korematsu Center shall file their amicus briefs no later than November 23, 2018. Signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CHONG and MARILYN YIM, et al.,

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Plaintiffs,

CASE NO. C18-0736-JCC
ORDER

v.

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THE CITY OF SEATTLE,

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Defendant.

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This matter comes before the Court on the motions for leave to file amicus curiae briefs

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submitted by the National Housing Law Project and Sargent Shriver National Center on Poverty

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Law (“the NHLP”) (Dkt. No. 26) and the Fred T. Korematsu Center for Law and Equality (“the

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Korematsu Center”) (Dkt. No. 28). Having thoroughly considered the parties’ briefing and the

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relevant record, the Court hereby GRANTS the motions for the reasons explained herein.

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I.

BACKGROUND

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Plaintiffs, individual landlords and a membership association providing screening

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services to its landlord members, have filed suit against the City of Seattle. (Dkt. No. 1-1 at 2–3.)

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They challenge the constitutionality of Seattle Municipal Code § 14.09 (“Seattle’s Fair Chance

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Housing Ordinance”). (Id. at 4–5.) Specifically, they allege that the ordinance, which generally

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precludes landlords from taking adverse action against tenants and prospective tenants based on

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criminal history, violates landlords’ free speech and substantive due process rights. (Id. at 14–
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18.)

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The parties have filed cross motions for summary judgment. (Dkt. Nos. 23, 33.) On

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October 17, 2018, the NHLP filed a motion for leave to file an amicus curiae brief regarding (1)

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the national context of the ordinance at issue; (2) the private market’s role in ensuring that people

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who have left the justice system have equitable access to housing; and (3) how criminal records

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are created, compiled, packaged, and marketed. (Dkt. No. 26 at 4–5.) On October 18, 2018, the

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Korematsu Center also filed a motion for leave to file an amicus curiae brief regarding (1) the

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history of housing discrimination; (2) the history of the rise of mass incarceration in the United

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States; and (3) how these two histories, when combined, illustrate why reliance on criminal

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records in making housing decisions may not be merited. (Dkt. No. 28 at 3–4.)

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II.

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DISCUSSION
District courts have “broad discretion” regarding the appointment of amici. Hoptowit v.

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Ray, 682 F.2d 1237, 1260 (9th Cir. 1982), abrogated on other grounds by Sandin v. Conner, 515

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U.S. 472 (1995). District courts frequently welcome amicus briefs from non-parties “concerning

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legal issues that have potential ramifications beyond the parties directly involved or if the amicus

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has unique information or perspective that can help the court beyond the help that the lawyers for

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the parties are able to provide.” Skokomish Indian Tribe v. Goldmark, 2013 WL 5720053, slip

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op. at 1 (W.D. Wash. 2013) (internal quotation omitted) (quoting NGV Gaming, Ltd. v. Upstream

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Point Molate, LLC, 355 F. Supp. 2d 1061, 1067 (N.D. Cal. 2005)). The Ninth Circuit has said

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“there is no rule that amici must be totally disinterested.” Funbus Sys., Inc. v. State of Cal. Pub.

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Utils. Comm’n, 801 F.2d 1120, 1125 (9th Cir. 1986).

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The Court finds that the proposed amicus briefs would be useful to it in resolving this

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case. As the Court acknowledged by previously granting leave to file amicus briefs to Pioneer

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Human Services and Tenants Union of Washington (Dkt. No. 22 at 4), the issues in the

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underlying litigation could have ramifications beyond the current parties, making the NHLP and

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the Korematsu Center’s participation as amici appropriate. Moreover, neither party objects to the
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NHLP and the Korematsu Center’s participation as amici.

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III.

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CONCLUSION
For the foregoing reasons, the NHLP and the Korematsu Center’s motions for leave to

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file amicus curiae briefs (Dkt. Nos. 26, 28) are GRANTED. The NHLP and the Korematsu

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Center shall file their amicus briefs no later than November 23, 2018.

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DATED this 7th day of November 2018.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
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