Washington Kelpers Association v. State
Washington Supreme Court
502 P.2d 1170 (1972)
- Written by Erin Enser, JD
Facts
Washington Kelpers Association (Washington Kelpers) (plaintiff) was an organization of fishermen who used sports gear for commercial salmon-fishing purposes. Washington Kelpers filed suit against the state of Washington and the director of fisheries (collectively, the state) (defendants) to block enforcement of a statute by the Department of Fisheries (the department) that prohibited the use of sports gear for commercial salmon fishing. The state claimed that the use of sports gear in commercial fishing had increased in the preceding years and that sports fishermen were using commercial licenses to avoid the cap on the number of salmon allowed to be caught by sports fishermen. To simplify enforcement, the state enacted legislation to clearly separate sports and commercial fishing, including the restriction on the use of sports gear for commercial purposes. Washington Kelpers claimed the statute was an improper exercise of the state’s police power. The trial court sided with Washington Kelpers, finding that the statute exceeded the limit of the state’s police power and discriminated within a class, in violation of law. The state appealed.
Rule of Law
Issue
Holding and Reasoning (Neill, J.)
Dissent (Hunter, J.)
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