Nw. Animal Rights Network v. State, 64415-7-I.

• Decision Date: 30 November 2010
• Docket Number: No. 64415-7-I.,64415-7-I.
• Parties: NORTHWEST ANIMAL RIGHTS NETWORK, corporate taxpayer of Washington State and King County, and on behalf of all similarly situated Taxpayers of Washington State and King County; Rachel Bjork, individual taxpayer of King County and Washington State, and on behalf of all similarly situated Taxpayers of Washington State and King County, Appellants, v. STATE of Washington and King County, Respondents.
• Court: Washington Court of Appeals

242 P.3d 891

158 Wash.App. 237

NORTHWEST ANIMAL RIGHTS NETWORK, corporate taxpayer of Washington State and King County, and on behalf of all similarly situated Taxpayers of Washington State and King County; Rachel Bjork, individual taxpayer of King County and Washington State, and on behalf of all similarly situated Taxpayers of Washington State and King County, Appellants,

v.STATE of Washington and King County, Respondents.

No. 64415-7-I.

Court of Appeals of Washington, Division 1.

Oct. 25, 2010.

Reconsideration Denied Nov. 30, 2010.

Adam Phillip Karp, Animal Law Offices, Bellingham, WA, for Appellants.

Nancy Anne Balin, Office of Prosecuting Attorney, Seattle, WA, for Respondent King County.

Kristen Kay Mitchell, Dorothy Harris Jaffe, Attorney General's Office, Olympia, WA, for Respondent State of Washington.

DWYER, C.J.

¶ 1 Northwest Animal Rights Network and one of its members, Rachel Bjork, contend that portions of our state's animal cruelty legislation, chapter 16.52 RCW, are unconstitutional. The superior court dismissed the action for several reasons, including that the claim was not justiciable. We agree that the case does not present a justiciable controversy. Accordingly, we affirm.

I

¶ 2 The Prevention of Cruelty to Animals legislation, chapter 16.52 RCW, criminalizes conduct that constitutes animal cruelty. It addresses both the type of conduct that is prohibited and the type of conduct that is permitted. See, e.g., RCW 16.52.080-.117; RCW 16.52.180, .185. Certain activities, including commercial food production, rodeo and fair events, veterinary practices, and university research, are explicitly not criminalized under the statute. RCW 16.52.185, .205(6).

¶ 3 Northwest Animal Rights Network and Rachel Bjork (together "the Network") filed a complaint against the State of Washington and King County. Subsequently, the Network amended the complaint and properly served it upon the defendants. The amended complaint requests injunctive and declaratory relief. The Network asserts that several provisions of chapter 16.52 RCW-each of which establishes that particular activities or practices do not constitutecriminal animal cruelty-are unconstitutional because they violate "the nondelegation doctrine, Article I, Section X, and the Fifth, and Fourteenth Amendments to the United States Constitution; and Article 1, Sections 12 and 23 of the Washington State Constitution." ¹ The reliefsought by the Network was to have the various sections excluding these practices from condemnation as criminal stricken, thus-by judicial fiat-criminalizing these practices and activities.

¶ 4 Both the state and the county answered, raising several affirmative defenses. The Network then moved to amend its complaint a second time. The second amended complaint includes allegations that the challenged exemptions "cause, or allow to be caused, otherwise criminal activity in the form of animal abuse, neglect, and cruelty," which results in "aesthetic, emotional, and/or financial injury" to the Network and the Network's members because they "come into contact directly or indirectly" with such activity. The second amended complaint also purports to include allegations of "specific government acts challenged as being illegal, invalid, and unconstitutional." These specific government acts include the state legislature's passage of chapter 16.52 RCW and also the "selective (non)enforcement" of chapter 16.52 RCW by the Washington State Patrol, the King County Sheriff's Office, the Attorney General, the King County Prosecuting Attorney, and all state trial judges.

¶ 5 The state and the county moved for judgment on the pleadings pursuant to CR 12(c), asserting several grounds for dismissal. The trial court granted the motion, concludingthat the Network failed to plead a justiciable claim.² The trial court also denied the Network's motion to amend its complaint because "the proposed amendments will not cure the legal deficiencies identified in this order." ³ The Network then moved for reconsideration, which the trial court denied.

¶ 6 The Network appeals.

II

¶ 7 A trial court's dismissal of a claim pursuant to CR 12(c) ⁴ is reviewed de novo. Parrilla v. King County, 138 Wash.App. 427, 431, 157 P.3d 879 (2007). We examine the pleadings to determine whether the plaintiff can prove any set of facts consistent with the complaint that would entitle the plaintiff to relief. N. Coast Enters., Inc. v. Factoria P'ship, 94 Wash.App. 855, 859, 974 P.2d 1257 (1999). The factual allegations contained in the complaint are accepted as true. N. Coast Enters., 94 Wash.App. at 859, 974 P.2d 1257 (quoting Roth v. Bell, 24 Wash.App. 92, 94, 600 P.2d 602 (1979)).

III

¶ 8 The Network contends that the trial court erred by concluding that the Network failed to plead a justiciable claim. We disagree.

¶ 9 "A challenge to the constitutionality of a statute by means of a declaratory judgment must be justiciable before it will be considered." Snohomish County v. Anderson, 124 Wash.2d 834, 840, 881 P.2d 240 (1994); see also Diversified Indus. Dev. Corp. v. Ripley, 82 Wash.2d 811, 814-15, 514 P.2d 137 (1973).⁵

¶ 10 It has previously been held that a claim is not justiciable where the plaintiff fails to join indispensible parties and where the case presents a political question not appropriate for the judiciary to resolve. Nw. Greyhound Kennel Ass'n, Inc. v. State, 8 Wash.App. 314, 318-19, 506 P.2d 878 (1973). The plaintiffs in Northwest Greyhound challenged the constitutionality of the Horse Racing Act, chapter 67.16 RCW. 8 Wash.App. at 318, 506 P.2d 878. The court therein determined that the plaintiff's failure to join indispensible parties rendered the case not justiciable:

[I]t is perfectly obvious that those persons who are presently licensed under the act would have their existing right to race horses in conjunction with pari-mutuel betting destroyed if the relief sought in this action were granted. Accordingly, it is our view that the present licensees under the horse racing act were indispensable parties to such a determination. As such, the failure to join them in the action was fatal on the question of justiciability and deprived the court of jurisdiction to hear and decide the issues raised.

Nw. Greyhound, 8 Wash.App. at 319, 506 P.2d 878 (emphasis added) (citing Chapin v. Collard, 29 Wash.2d 788, 189 P.2d 642 (1948); Parr v. Seattle, 197 Wash. 53, 84 P.2d 375 (1938); 1 W. Anderson, Actions for Declaratory Judgments, § 18 (2d ed.1951)). The court found support for its holding in the legislature's determination that "[w]hen declaratory reliefis sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding." RCW 7.24.110.

[T]he statute expressly states that "no declaration shall prejudice the rights of persons not parties to the proceeding." If that provision is to have any meaning, then this suit is an exercise in futility and should have been dismissed for failure to join indispensable parties.

Nw. Greyhound, 8 Wash.App. at 319, 506 P.2d 878.

¶ 11 The court additionally held that the plaintiff's claims were not justiciable because they presented a political question.

[T]he thrust of this action is to involve the courts in the question of the degree to which professional gambling activities will be permitted in this state. This thrust is demonstrated by appellant's prayer for relief.

....

If the court were to rule that the horse racing act was unconstitutional on an equal protection basis, because it did not allow professional gambling on dog races, the judiciary would be determining what is primarily a political question in an area of almost complete legislative discretion and in an area vitally affecting public safety and morals. In our view, appellant's complaint does not raise a controversy involving the equal protection of the law, but instead raises a legislative policy question concerning how wide the door should be opened to professional gambling. That question is not for the courts and is not justiciable.

Nw. Greyhound, 8 Wash.App. at 319, 506 P.2d 878 (emphasis added) (citations omitted) (citing Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962)); see also State v. Gedarro, 19 Wash.App. 826, 829, 579 P.2d 949 (1978) ("We believe that defendant's challenge does not reach the issue whether the [Gambling Act] impedes equal protection of the law; rather it raises a political question and is not justiciable.").

¶ 12 The same is true in this case. The Network seeks to have us declare unconstitutional those provisions of chapter16.52 RCW that exempt certain activities from the application of the statute. The challenged provisions effectively provide that the chapterdoes not criminalize "accepted husbandry practices used in the commercial raising or slaughtering of livestock or poultry, or products thereof," "the use of animals in the normal and usual course of rodeo events," "the customary use or exhibiting of animals in normal and usual events at fairs," "accepted veterinary medical practices by a licensed veterinarian or certified veterinary technician," hunting and fishing activities, or scientific and medical research performed by colleges, universities, and federally-registered research facilities. See RCW 16.52.095, .180, .185, .205(6). In other words, the challenged provisions of the statute establish that persons engaging in particular activities and practices are not committing criminal animal cruelty.

¶ 13 As with the plaintiffs in Northwest Greyhound, the Network, in bringing its claim, has failed to join indispensable parties. Specifically, the Network failed to join any of those parties whose rights and interests would be affected by the declaratory relief that the Network seeks, including Washington's beef ranchers, rodeo riders, 4-H members, veterinarians, recreational fishermen, and university researchers....