Kline: Who should define a “disability”?

OLYMPIA – The Legislature has approved a measure to restore the rights of the disabled after they were taken away last year in a ruling by the Washington Supreme Court. Senate Bill 5340, sponsored by Sen. Adam Kline, D-Seattle, would restore the broader, pre-ruling definition and codify it in law.

“The disabled community can rest easy,” Kline explained. “This bill corrects the judicial activism of a majority of the state Supreme Court and returns us to the definition used in 30 years of case law.”

For years, “disability” was defined by rule under the Washington Administrative Code (WAC) but not in the Washington Law Against Discrimination (WLAD). Last year, the Washington State Supreme Court, in a 5-4 ruling in McClarty v. Totem Electric, limited the definition of “disability” in discrimination cases under the WLAD by adopting the much narrower definition from the federal Americans with Disabilities Act (ADA). Before McClarty, the definition of “disability” under the WAC was considered to be substantially broader than the definition of the term under the ADA.

“We can’t have justice without compassion,” Kline said. “This measure restores both to our disabled friends and family members.”

SB 5340 passed both the Senate and House and now goes to Gov. Gregoire for signature. It will take effect 90 days after adjournment but apply retroactively to lawsuits occurring before the McClarty decision.

Return to Sen. Kline's home page