The Washington State Supreme Court has affirmed Attorney General Bob Ferguson's authority to pursue legal action aimed at safeguarding the civil and constitutional rights of residents. The ruling specifically addresses a series of unlawful evictions conducted by law enforcement officers in Sunnyside.
The lawsuit claims that Sunnyside exploited its Crime-Free Rental Housing Program to forcibly remove tenants from their homes without court orders, often based on unverified allegations of crime or nuisance. This practice led to homelessness for many tenants, predominantly Latinx individuals, women, and families with children.
Attorney General Ferguson stated, "One of my office’s core functions is to defend the civil and constitutional rights of residents. In this case, Washingtonians were unlawfully removed from their homes, separated from their families and rendered homeless. My office will protect Washingtonians from harmful and illegal discrimination."
Filed in February 2020, the complaint accuses Sunnyside's police department of repeatedly using the Crime-Free Rental Housing Program to evict tenants without due process and in a discriminatory manner. Ferguson seeks a court order to halt these practices and compensation for those illegally evicted.
There have been at least 123 documented instances where Sunnyside police enforced local ordinances against renters, resulting in the eviction of at least 43 tenants—most being Latinx individuals, women, or families with children.
Ferguson emphasized that any resident among Sunnyside’s 16,000 who rents could be subjected to such police misconduct under the program. He encourages anyone with relevant information about the program’s operations to contact his office.
The Attorney General asserts that these evictions violated federal and state constitutions as well as laws including the federal Fair Housing Act and the Washington Law Against Discrimination. While nearly all claims were upheld by the Supreme Court, it did dismiss a claim related to violations of the Residential-Landlord Tenant Act.
In its decision supporting Ferguson's claims against Sunnyside, the court confirmed that "the State has an interest in protecting the health, safety, and well-being of its residents," highlighting government accountability concerning allegations of discrimination and constitutional rights violations.
Among those affected was a pregnant Latina mother who was forced out after an incident in her building's parking lot; she had no prior issues during her seven-month residency. Another case involved a Latina mother who refused sexual advances from her landlord; she was accused falsely along with her son and subsequently evicted by police without judicial proceedings. A third case included a couple ordered out after their home was searched; they received no criminal charges but were given mere hours to leave not just their home but also Sunnyside entirely.
Assistant Attorneys General Mitchell Riese and Neal Luna are managing this case alongside Investigators Alma Poletti and Jennifer Treppa as well as Paralegal Anna Alfonso from the Wing Luke Civil Rights Division. Colleen Melody delivered oral arguments before the State Supreme Court on behalf of Washington State.
Established by Ferguson in 2015, the Wing Luke Civil Rights Division enforces anti-discrimination laws at both state and federal levels. Named after Wing Luke—a pioneering public servant—the division aims to protect all Washingtonians' rights effectively.