If there isn't much evidence to say COVID-19 is a public emergency anymore, and the evidence is stacking up to not warrant the use of masks on our face except possibly in specific situations, then what is going on? Where are they getting the authority to continue to declare a public health emergency?
Personal autonomy is one of our basic human rights. Our unalienable rights can ONLY be suspended by consent or by due process of law. Coercion is not consent.
Personal autonomy is one of our basic human rights. Our unalienable rights can ONLY be suspended by consent or by due process of law. Coercion is not consent.
Who decides what is an emergency in Washington?
The Governor.
RCW 43.06.010 General powers and duties.
In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:
(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;
RCW 43.06.010 General powers and duties.
In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:
(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;
What if the Governor is declaring an emergency when there is none?
Is the governor maintaining Washington's State of Emergency for other reasons?
Is it right to disobey government mandates?
What will happen if I decide to not wear a mask?
Check with your local sheriff's office to know how they are handling enforcement. Below is statement from the Clark County Sheriff.
Sheriff Atkins' Response to Governor Inslee's Mandatory Mask Proclamation
Governor Inslee has ordered all Washingtonians to wear face masks in public beginning June 26, 2020. To date, the deputies of the Clark County Sheriff's Office have not cited or arrested anyone violating the governor's previous orders. Instead of enforcement, we have taken a posture of education. This has worked well, and it would seem the Clark County community has been doing well in response to this virus. Governor Inslee himself stated, "We don't want to have enforcement of this. Ideally, there won't be any criminal or civil sanctions for individuals. We just think people will respond, as they had to the first stay home order. There was vast compliance." I agree with the governor's position on this, that the greatest degree of compliance can be achieved through education and awareness, as opposed to taking enforcement action. Read the entire message here (PDF).
Sheriff Atkins' Response to Governor Inslee's Mandatory Mask Proclamation
Governor Inslee has ordered all Washingtonians to wear face masks in public beginning June 26, 2020. To date, the deputies of the Clark County Sheriff's Office have not cited or arrested anyone violating the governor's previous orders. Instead of enforcement, we have taken a posture of education. This has worked well, and it would seem the Clark County community has been doing well in response to this virus. Governor Inslee himself stated, "We don't want to have enforcement of this. Ideally, there won't be any criminal or civil sanctions for individuals. We just think people will respond, as they had to the first stay home order. There was vast compliance." I agree with the governor's position on this, that the greatest degree of compliance can be achieved through education and awareness, as opposed to taking enforcement action. Read the entire message here (PDF).
Washington State Constitution
PREAMBLE
We, the people of the State of Washington, grateful to the Supreme Ruler of the universe for our liberties, do ordain this constitution.
ARTICLE I
DECLARATION OF RIGHTS
SECTION 1 POLITICAL POWER. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land.
SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life, liberty, or property, without due process of law.
SECTION 4 RIGHT OF PETITION AND ASSEMBLAGE. The right of petition and of the people peaceably to assemble for the common good shall never be abridged.
SECTION 5 FREEDOM OF SPEECH. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.
We, the people of the State of Washington, grateful to the Supreme Ruler of the universe for our liberties, do ordain this constitution.
ARTICLE I
DECLARATION OF RIGHTS
SECTION 1 POLITICAL POWER. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land.
SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life, liberty, or property, without due process of law.
SECTION 4 RIGHT OF PETITION AND ASSEMBLAGE. The right of petition and of the people peaceably to assemble for the common good shall never be abridged.
SECTION 5 FREEDOM OF SPEECH. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.
Washington State of Emergency Statutes
RCW 43.06.200Definitions.Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in RCW 43.06.010, and 43.06.200 through 43.06.270 each as now or hereafter amended shall have the following meaning:
"State of emergency" means an emergency proclaimed as such by the governor pursuant to RCW 43.06.010 as now or hereafter amended.
"Governor" means the governor of this state or, in case of his or her removal, death, resignation or inability to discharge the powers and duties of his or her office, then the person who may exercise the powers of governor pursuant to the Constitution and laws of this state relating to succession in office.
"Criminal offense" means any prohibited act for which any criminal penalty is imposed by law and includes any misdemeanor, gross misdemeanor, or felony.
RCW 43.06.210Proclamations--Generally--State of emergency.The proclamation of a state of emergency and other proclamations or orders issued by the governor pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or hereafter amended shall be in writing and shall be signed by the governor and shall then be filed with the secretary of state. A proclamation of a state of emergency is effective upon the governor's signature. The governor shall give as much public notice as practical through the news media of the issuance of proclamations or orders pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or hereafter amended. The state of emergency shall cease to exist upon the issuance of a proclamation of the governor declaring its termination: PROVIDED, That the governor must terminate said state of emergency proclamation when order has been restored in the area affected.
[ 2013 c 21 § 1; 1977 ex.s. c 328 § 12; 1975-'76 2nd ex.s. c 108 § 27; 1969 ex.s. c 186 § 2.]
RCW 43.06.220State of emergency--Powers of governor pursuant to proclamation.(1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting:
(a) Any person being on the public streets, or in the public parks, or at any other public place during the hours declared by the governor to be a period of curfew;
(b) Any number of persons, as designated by the governor, from assembling or gathering on the public streets, parks, or other open areas of this state, either public or private;
(c) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;
(d) The transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;
(e) The sale, purchase or dispensing of alcoholic beverages;
(f) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;
(g) The use of certain streets, highways or public ways by the public; and
(h) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.
(2) The governor after proclaiming a state of emergency and prior to terminating such may, in the area described by the proclamation, issue an order or orders concerning waiver or suspension of statutory obligations or limitations in the following areas:
(a) Liability for participation in interlocal agreements;
(b) Inspection fees owed to the department of labor and industries;
(c) Application of the family emergency assistance program;
(d) Regulations, tariffs, and notice requirements under the jurisdiction of the utilities and transportation commission;
(e) Application of tax due dates and penalties relating to collection of taxes;
(f) Permits for industrial, business, or medical uses of alcohol; and
(g) Such other statutory and regulatory obligations or limitations prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency if strict compliance with the provision of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency, unless (i) authority to waive or suspend a specific statutory or regulatory obligation or limitation has been expressly granted to another statewide elected official, (ii) the waiver or suspension would conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, or (iii) the waiver or suspension would conflict with the rights, under the First Amendment, of freedom of speech or of the people to peaceably assemble. The governor shall give as much notice as practical to legislative leadership and impacted local governments when issuing orders under this subsection (2)(g).
(3) In imposing the restrictions provided for by RCW 43.06.010, and 43.06.200 through 43.06.270, the governor may impose them for such times, upon such conditions, with such exceptions and in such areas of this state he or she from time to time deems necessary.
(4) No order or orders concerning waiver or suspension of statutory obligations or limitations under subsection (2) of this section may continue for longer than thirty days unless extended by the legislature through concurrent resolution. If the legislature is not in session, the waiver or suspension of statutory obligations or limitations may be extended in writing by the leadership of the senate and the house of representatives until the legislature can extend the waiver or suspension by concurrent resolution. For purposes of this section, "leadership of the senate and the house of representatives" means the majority and minority leaders of the senate and the speaker and the minority leader of the house of representatives.
(5) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.
[ 2019 c 472 § 2; 2008 c 181 § 1; 2003 c 53 § 222; 1969 ex.s. c 186 § 3.]NOTES:Findings--Intent--2019 c 472: "(1)(a) The legislature finds that the governor has broad authority to proclaim a state of emergency in any area of the state under RCW 43.06.010(12), and to exercise emergency powers during the emergency. These emergency powers have historically included the ability under RCW 43.06.220(1)(h) to temporarily waive or suspend statutory obligations by prohibiting compliance with statutory provisions during a proclaimed state of emergency when the governor reasonably believed it would help preserve and maintain life, health, property, or the public peace.
(b) The legislature further finds that, in response to issues arising from flooding events in 2007, RCW 43.06.220(2) was amended by chapter 181, Laws of 2008, to explicitly authorize the governor to temporarily waive or suspend a set of specifically identified statutes. This amendment has become problematic for subsequent emergency response activities because it has inadvertently narrowed the governor's ability to waive or suspend statutes under RCW 43.06.220(1)(h) by issuing orders temporarily prohibiting compliance with statutes not expressly identified in RCW 43.06.220(2).
(2) The legislature intends to allow the governor to immediately respond during a proclaimed state of emergency by temporarily waiving or suspending other statutory obligations or limitations prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance would in any way prevent, hinder, or delay necessary action in coping with the emergency." [ 2019 c 472 § 1.]
CW 43.06.225State of emergency--Health care law waivers and suspensions.(1)(a) If when declaring or amending a statewide state of emergency pursuant to RCW 43.06.010, the governor determines that the emergency demands immediate action by hospitals to prevent critical health system failures and ensure hospitals' ability to work with emergency management in responding to the emergency, the governor shall, either simultaneously or within five days of that determination, specify within the emergency order or amended emergency order which of the following health care-related statutes and substantially equivalent regulations shall be waived or suspended based on the nature of the declared emergency:
(i) RCW 70.38.105(4) (a), (e), and (h);
(ii) RCW 70.41.110, the following language only: "premises and";
(iii) RCW 70.41.230;
(iv) RCW 70.41.090 (3), (4), and (5);
(v) RCW 18.64.043(1), the following language only: "of location, which shall entitle the owner to operate such pharmacy at the location specified, or such other temporary location as the secretary may approve,";
(vi) RCW 18.64.043(2)(a), the following language only: "of location";
(vii) RCW 18.64.043(3), the following language only: "and to keep the license of location or the renewal thereof properly exhibited in said pharmacy.";
(viii) RCW 43.70.280(2), the following language only: "Such extension, reduction, or other modification of a licensing, certification, or registration period shall be by rule or regulation of the department of health adopted in accordance with the provisions of chapter 34.05 RCW. Such rules and regulations may provide a method for imposing and collecting such additional proportional fee as may be required for the extended or modified period."; and
(ix) RCW 18.360.010(11), the following language only: "physically present and is" and "in the facility. The health care practitioner does not need to be present during procedures to withdraw blood, but must be immediately available.".
(b) Hospitals that rely on waiver or suspension under (a) of this subsection shall notify the department within 14 days of initiating such reliance.
(c) Nothing in this section prevents the governor from waiving or suspending any statutes and substantially equivalent regulations outside the time frames established in this section. Additionally, the governor may waive or suspend any additional statutes, without limitation, as the governor deems necessary to address the emergency.
(2) Waivers and suspensions in subsection (1) of this section do not apply except to projects undertaken to provide or respond to surge capacity, including temporary increases in bed capacity, during the governor's declaration of a statewide state of emergency. Such projects and increases in bed capacity must comply with these statutory and regulatory provisions after the termination of the state of emergency.
[ 2021 c 268 § 1.]
RCW 43.06.230State of emergency--Destroying or damaging property or causing personal injury--Penalty.After the proclamation of a state of emergency as provided in RCW 43.06.010, any person who maliciously destroys or damages any real or personal property or maliciously injures another is guilty of a class B felony and upon conviction thereof shall be imprisoned in a state correctional facility for not less than two years nor more than ten years.
[ 2003 c 53 § 223; 1992 c 7 § 39; 1969 ex.s. c 186 § 4.]
CW 43.06.240State of emergency--Disorderly conduct after emergency proclaimed--Penalty.After the proclamation of a state of emergency pursuant to RCW 43.06.010, every person who:
(1) Wilfully causes public inconvenience, annoyance, or alarm, or recklessly creates a risk thereof, by:
(a) engaging in fighting or in violent, tumultuous, or threatening behavior; or
(b) making an unreasonable noise or an offensively coarse utterance, gesture, or display, or addressing abusive language to any person present; or
(c) dispersing any lawful procession or meeting of persons, not being a peace officer of this state and without lawful authority; or
(d) creating a hazardous or physically offensive condition which serves no legitimate purpose; or
(2) Engages with at least one other person in a course of conduct as defined in subsection (1) of this section which is likely to cause substantial harm or serious inconvenience, annoyance, or alarm, and refuses or knowingly fails to obey an order to disperse made by a peace officer shall be guilty of disorderly conduct and be punished by imprisonment in the county jail for up to three hundred sixty-four days or fined not more than one thousand dollars or by both fine and imprisonment.
[ 2011 c 96 § 27; 1969 ex.s. c 186 § 5.]
CW 43.06.250State of emergency--Refusing to leave public way or property when ordered--Penalty.Any person upon any public way or any public property, within the area described in the state of emergency, who is directed by a public official to leave the public way or public property and refuses to do so shall be guilty of a misdemeanor.
[ 1969 ex.s. c 186 § 6.]
RCW 43.06.260State of emergency--Prosecution of persons sixteen years or over as adults.After the proclamation of a state of emergency as provided in RCW 43.06.010 any person sixteen years of age or over who violates any provision of RCW 43.06.010, and 43.06.200 through 43.06.270 shall be prosecuted as an adult.
[ 1969 ex.s. c 186 § 7.]
RCW 43.06.270State of emergency--State militia or state patrol--Use in restoring order.The governor may in his or her discretion order the state militia pursuant to chapter 38.08 RCW or the state patrol to assist local officials to restore order in the area described in the proclamation of a state of emergency.
[ 2009 c 549 § 5023; 1969 ex.s. c 186 § 9.]
RCW 43.06.200Definitions.Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in RCW 43.06.010, and 43.06.200 through 43.06.270 each as now or hereafter amended shall have the following meaning:
"State of emergency" means an emergency proclaimed as such by the governor pursuant to RCW 43.06.010 as now or hereafter amended.
"Governor" means the governor of this state or, in case of his or her removal, death, resignation or inability to discharge the powers and duties of his or her office, then the person who may exercise the powers of governor pursuant to the Constitution and laws of this state relating to succession in office.
"Criminal offense" means any prohibited act for which any criminal penalty is imposed by law and includes any misdemeanor, gross misdemeanor, or felony.
RCW 43.06.210Proclamations--Generally--State of emergency.The proclamation of a state of emergency and other proclamations or orders issued by the governor pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or hereafter amended shall be in writing and shall be signed by the governor and shall then be filed with the secretary of state. A proclamation of a state of emergency is effective upon the governor's signature. The governor shall give as much public notice as practical through the news media of the issuance of proclamations or orders pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or hereafter amended. The state of emergency shall cease to exist upon the issuance of a proclamation of the governor declaring its termination: PROVIDED, That the governor must terminate said state of emergency proclamation when order has been restored in the area affected.
[ 2013 c 21 § 1; 1977 ex.s. c 328 § 12; 1975-'76 2nd ex.s. c 108 § 27; 1969 ex.s. c 186 § 2.]
RCW 43.06.220State of emergency--Powers of governor pursuant to proclamation.(1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting:
(a) Any person being on the public streets, or in the public parks, or at any other public place during the hours declared by the governor to be a period of curfew;
(b) Any number of persons, as designated by the governor, from assembling or gathering on the public streets, parks, or other open areas of this state, either public or private;
(c) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;
(d) The transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;
(e) The sale, purchase or dispensing of alcoholic beverages;
(f) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;
(g) The use of certain streets, highways or public ways by the public; and
(h) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.
(2) The governor after proclaiming a state of emergency and prior to terminating such may, in the area described by the proclamation, issue an order or orders concerning waiver or suspension of statutory obligations or limitations in the following areas:
(a) Liability for participation in interlocal agreements;
(b) Inspection fees owed to the department of labor and industries;
(c) Application of the family emergency assistance program;
(d) Regulations, tariffs, and notice requirements under the jurisdiction of the utilities and transportation commission;
(e) Application of tax due dates and penalties relating to collection of taxes;
(f) Permits for industrial, business, or medical uses of alcohol; and
(g) Such other statutory and regulatory obligations or limitations prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency if strict compliance with the provision of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency, unless (i) authority to waive or suspend a specific statutory or regulatory obligation or limitation has been expressly granted to another statewide elected official, (ii) the waiver or suspension would conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, or (iii) the waiver or suspension would conflict with the rights, under the First Amendment, of freedom of speech or of the people to peaceably assemble. The governor shall give as much notice as practical to legislative leadership and impacted local governments when issuing orders under this subsection (2)(g).
(3) In imposing the restrictions provided for by RCW 43.06.010, and 43.06.200 through 43.06.270, the governor may impose them for such times, upon such conditions, with such exceptions and in such areas of this state he or she from time to time deems necessary.
(4) No order or orders concerning waiver or suspension of statutory obligations or limitations under subsection (2) of this section may continue for longer than thirty days unless extended by the legislature through concurrent resolution. If the legislature is not in session, the waiver or suspension of statutory obligations or limitations may be extended in writing by the leadership of the senate and the house of representatives until the legislature can extend the waiver or suspension by concurrent resolution. For purposes of this section, "leadership of the senate and the house of representatives" means the majority and minority leaders of the senate and the speaker and the minority leader of the house of representatives.
(5) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.
[ 2019 c 472 § 2; 2008 c 181 § 1; 2003 c 53 § 222; 1969 ex.s. c 186 § 3.]NOTES:Findings--Intent--2019 c 472: "(1)(a) The legislature finds that the governor has broad authority to proclaim a state of emergency in any area of the state under RCW 43.06.010(12), and to exercise emergency powers during the emergency. These emergency powers have historically included the ability under RCW 43.06.220(1)(h) to temporarily waive or suspend statutory obligations by prohibiting compliance with statutory provisions during a proclaimed state of emergency when the governor reasonably believed it would help preserve and maintain life, health, property, or the public peace.
(b) The legislature further finds that, in response to issues arising from flooding events in 2007, RCW 43.06.220(2) was amended by chapter 181, Laws of 2008, to explicitly authorize the governor to temporarily waive or suspend a set of specifically identified statutes. This amendment has become problematic for subsequent emergency response activities because it has inadvertently narrowed the governor's ability to waive or suspend statutes under RCW 43.06.220(1)(h) by issuing orders temporarily prohibiting compliance with statutes not expressly identified in RCW 43.06.220(2).
(2) The legislature intends to allow the governor to immediately respond during a proclaimed state of emergency by temporarily waiving or suspending other statutory obligations or limitations prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance would in any way prevent, hinder, or delay necessary action in coping with the emergency." [ 2019 c 472 § 1.]
CW 43.06.225State of emergency--Health care law waivers and suspensions.(1)(a) If when declaring or amending a statewide state of emergency pursuant to RCW 43.06.010, the governor determines that the emergency demands immediate action by hospitals to prevent critical health system failures and ensure hospitals' ability to work with emergency management in responding to the emergency, the governor shall, either simultaneously or within five days of that determination, specify within the emergency order or amended emergency order which of the following health care-related statutes and substantially equivalent regulations shall be waived or suspended based on the nature of the declared emergency:
(i) RCW 70.38.105(4) (a), (e), and (h);
(ii) RCW 70.41.110, the following language only: "premises and";
(iii) RCW 70.41.230;
(iv) RCW 70.41.090 (3), (4), and (5);
(v) RCW 18.64.043(1), the following language only: "of location, which shall entitle the owner to operate such pharmacy at the location specified, or such other temporary location as the secretary may approve,";
(vi) RCW 18.64.043(2)(a), the following language only: "of location";
(vii) RCW 18.64.043(3), the following language only: "and to keep the license of location or the renewal thereof properly exhibited in said pharmacy.";
(viii) RCW 43.70.280(2), the following language only: "Such extension, reduction, or other modification of a licensing, certification, or registration period shall be by rule or regulation of the department of health adopted in accordance with the provisions of chapter 34.05 RCW. Such rules and regulations may provide a method for imposing and collecting such additional proportional fee as may be required for the extended or modified period."; and
(ix) RCW 18.360.010(11), the following language only: "physically present and is" and "in the facility. The health care practitioner does not need to be present during procedures to withdraw blood, but must be immediately available.".
(b) Hospitals that rely on waiver or suspension under (a) of this subsection shall notify the department within 14 days of initiating such reliance.
(c) Nothing in this section prevents the governor from waiving or suspending any statutes and substantially equivalent regulations outside the time frames established in this section. Additionally, the governor may waive or suspend any additional statutes, without limitation, as the governor deems necessary to address the emergency.
(2) Waivers and suspensions in subsection (1) of this section do not apply except to projects undertaken to provide or respond to surge capacity, including temporary increases in bed capacity, during the governor's declaration of a statewide state of emergency. Such projects and increases in bed capacity must comply with these statutory and regulatory provisions after the termination of the state of emergency.
[ 2021 c 268 § 1.]
RCW 43.06.230State of emergency--Destroying or damaging property or causing personal injury--Penalty.After the proclamation of a state of emergency as provided in RCW 43.06.010, any person who maliciously destroys or damages any real or personal property or maliciously injures another is guilty of a class B felony and upon conviction thereof shall be imprisoned in a state correctional facility for not less than two years nor more than ten years.
[ 2003 c 53 § 223; 1992 c 7 § 39; 1969 ex.s. c 186 § 4.]
CW 43.06.240State of emergency--Disorderly conduct after emergency proclaimed--Penalty.After the proclamation of a state of emergency pursuant to RCW 43.06.010, every person who:
(1) Wilfully causes public inconvenience, annoyance, or alarm, or recklessly creates a risk thereof, by:
(a) engaging in fighting or in violent, tumultuous, or threatening behavior; or
(b) making an unreasonable noise or an offensively coarse utterance, gesture, or display, or addressing abusive language to any person present; or
(c) dispersing any lawful procession or meeting of persons, not being a peace officer of this state and without lawful authority; or
(d) creating a hazardous or physically offensive condition which serves no legitimate purpose; or
(2) Engages with at least one other person in a course of conduct as defined in subsection (1) of this section which is likely to cause substantial harm or serious inconvenience, annoyance, or alarm, and refuses or knowingly fails to obey an order to disperse made by a peace officer shall be guilty of disorderly conduct and be punished by imprisonment in the county jail for up to three hundred sixty-four days or fined not more than one thousand dollars or by both fine and imprisonment.
[ 2011 c 96 § 27; 1969 ex.s. c 186 § 5.]
CW 43.06.250State of emergency--Refusing to leave public way or property when ordered--Penalty.Any person upon any public way or any public property, within the area described in the state of emergency, who is directed by a public official to leave the public way or public property and refuses to do so shall be guilty of a misdemeanor.
[ 1969 ex.s. c 186 § 6.]
RCW 43.06.260State of emergency--Prosecution of persons sixteen years or over as adults.After the proclamation of a state of emergency as provided in RCW 43.06.010 any person sixteen years of age or over who violates any provision of RCW 43.06.010, and 43.06.200 through 43.06.270 shall be prosecuted as an adult.
[ 1969 ex.s. c 186 § 7.]
RCW 43.06.270State of emergency--State militia or state patrol--Use in restoring order.The governor may in his or her discretion order the state militia pursuant to chapter 38.08 RCW or the state patrol to assist local officials to restore order in the area described in the proclamation of a state of emergency.
[ 2009 c 549 § 5023; 1969 ex.s. c 186 § 9.]