Governor signs bill to correct judicial activism and restore rights to disabled

OLYMPIA – Gov. Gregoire today signed Senate Bill 5340 to restore the rights of the disabled after they were taken away last year in a ruling by the Washington Supreme Court.

“This bill corrects a case of blatant judicial activism,” said Sen. Adam Kline, D-Seattle. “We’ve restored rights to our disabled friends and family members.”

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 that term under the ADA.

SB 5340, sponsored by Kline, restores the broader, pre-ruling definition and codifies it into law.

“Protection from discrimination is a sign of a compassionate, caring society,” Kline said. “We have a responsibility to look after the most vulnerable members of our community.”

The law goes into effect on July 22.

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