Ordinance Achieves Legitimate Public Interest

Abstract

In January 1996, the Board of Commissioners of San Juan County, Washington, adopted an ordinance prohibiting the operation of personal watercraft on all county marine waters except while engaged in interstate or foreign commerce, while under a permit issued by the county or US Coast Guard, or for emergency purposes. A group of personal watercraft users, rental and sales businesses, and a personal watercraft industry association brought this action seeking to have the ordinance declared void. The trial court declared the ordinance invalid and unconstitutional. The state supreme court said that the ordinance was consistent with the goals of statewide environmental protection statutes and that it would be an odd use of the public trust doctrine to sanction an activity that actively harms and damages the state's water and wildlife. The record also contained evidence of problems purportedly caused by personal watercraft, especially with the marine environment. The court was satisfied that the ordinance constituted a means reasonably necessary to achieve a legitimate public interest. The ordinance was also a reasonable exercise of the county's police power. The trial court decision was reversed, and the trial court was instructed to enter a judgment in favor of the county.