Westside Story The Fog Has Not Lifted – The Suburban Times

On August 1, 2016, Lakewood City Council sent a clear message to all renters living in Lakewood by voting for the Rental Housing Safety Program. known as the R.I.P. Essentially the message from Lakewood City Council was, Lakewood renters do not possess enough brain power, energy or courage to manage their own rental housing SAFETY without government interference.

Although most, if not all, city council members do not agree with my viewpoint, I have provided a link above which will take you to the city website where council members share why they support the rental inspection plan.

While we have not heard much lately, it looks like it will not be very long before property owners and renters will have to start living with this new big brother program.

The Fourth Amendment to the U.S. Constitution guarantees that citizens are to be free of unreasonable search and seizure of their persons and papers.

The city councils vote indicates a willingness to violate Fourth Amendment Rights or at least the spirit of the Fourth Amendment Rights in the guise as the council says, moving in the right direction in the name of SAFETY.

For the sake of argument, lets say I am wrong and city council is right. Then why not make the SAFETY program more comprehensive?

I offer the following suggestions to our Lakewood City Council in consideration for making their SAFETY plan more comprehensive which means more renter SAFETY.

With these enhancements to the Rental Inspection Safety Program, I am starting to understand what our city councils drive for SAFETY can mean.

If Lakewood City Council chooses to ignore the Fourth Amendment by simply hiding behind the word SAFETY, our city can accomplish a lot by simply expanding their safety program.

One last observation. Our Lakewood City Councils R.I.P. is a genius move. Think about it. Without the council approved R.I.P. program made possible by hijacking the inspection provision of the Washington State Landlord Tenant Act there could be no R.I.P. The city now plans to bully their way over renter thresholds. The manipulation of the Landlord Tenant law is a bold and creative move.

What would happen if police bullied or forced their way through a renters front door with no probable cause, no reasonable suspicion, no exigent circumstances and no warrant? This would be thought of as an abuse of police power and a violation of the renters Constitutional Rights.

People would be outraged if our uniformed police acted in a Gestapo-like fashion. The ACLU would be all over this kind of police action. The Department of Justice would launch a major investigation. Civil lawsuits would be filed with the City of Lakewood paying out millions of dollars on civil rights claims. There would be protestors marching on city hall.

My compliments to our city council. They have made it possible to accomplish what would ordinarily seem impossible in America and in doing so, will be bringing SAFETY to our renters.

If in the end if the SAFETY enhancements I have suggested are not included in the R.I.P., then SAFETY must not be the real motivation for the R.I.P.. I would ask, What then is city councils true motivation?

For any of you thinking this article contains ridiculous suggestions, I would be quick to admit that I agree with you. But, my suggested SAFETY enhancements are no more ridiculous than Lakewood City Councils R.I.P. plan in terms of eroding renters and property owners right to privacy and security.

It is interesting to note that there are a number of U.S. court cases which explore what happens when law enforcement uses lethal force inside someones home after gaining entrance in violation of the Fourth Amendment. The question is, does the homeowner have the right to defend his right to privacy when a police officer or public official is inside his or her home illegally.

As the City of Lakewood pushes forward with their rental inspection program, I am confident they will work hard to create a smooth running inspection process. I am confident they will find cases to point to where they can say, See, one look at this rental confirms we need R.I.P. On the other hand, I will not be surprised to learn of the city experiencing, no causing, unexpected negative consequences.

There is time. I still hope City Council will be able to escape the fog that has clouded their judgment regarding constitutional rights.

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Westside Story The Fog Has Not Lifted - The Suburban Times