The City of Spokane, Petitioner v. Harlan D. Douglass, Respondent

Summary

The court reversed the dismissal of criminal nuisance charges because the lower courts improperly assessed the ordinance for facial vagueness and the record was insufficient to evaluate the ordinance as applied to Douglass. The court held that Douglass had not established that the Washington Constitution provided greater due-process protection than federal law, so the challenge was analyzed under the Fourteenth Amendment. The case was remanded for factual development and an as-applied vagueness determination.