Washburn v. Pima County

In February 2002, Pima County (defendant) adopted the Inclusive Home Design Ordinance (the ordinance). The ordinance promulgated building requirements applicable to the construction of new, single-family homes in the county. The ordinance adopted provisions that required newly constructed homes to include design features to allow wheelchair users to more easily enter and use the house. Such features included sufficiently wide doorways, outlets reachable while seated in a wheelchair, and bathroom-wall reinforcement so that grab bars could be installed. These accessibility features were adopted from a publication by American National Standards Institute (ANSI) and published by the International Code Council (ICC). Steven and Jeanette Washburn applied for a permit to construct a single-family home in Pima County. The Washburns’ application was denied because the proposed design did not comply with the wheelchair-accessibility requirements of the county’s ordinance. The Washburns filed a declaratory judgment and special-action complaint. The Washburns asked the trial court to declare that the county lacked authority to adopt the ordinance and that the ordinance violated the Equal Protection and Privacy Clauses of the Arizona Constitution. The trial court granted summary judgment in favor of Pima County. The Washburns appealed.