CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to reaffirming The City of Seattle as a Welcoming City; supporting access to reproductive health care services and gender-affirming treatment in Seattle; extending the responsibility of City employees to protect the provision of reproductive health care services and gender-affirming treatment; and adding a new Chapter 14.115 to the Seattle Municipal Code.
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WHEREAS, The City of Seattle (“City”) recognizes the inherent worth and equal rights of all people, including 2SLGBTQIA+ individuals, and seeks to provide a safe and welcoming environment for those who reside in, work in, or visit the City; and
WHEREAS, the City unequivocally supports the rights of individuals to seek, obtain, provide, or facilitate reproductive health care services and gender-affirming treatment that is legal in Washington State; and
WHEREAS, the City has a long history of opposing discrimination based on race, color, religion, national origin, ancestry, disability, age, sexual orientation, gender identity, and sex; and
WHEREAS, the City fosters a culture and environment that make it a vibrant, global city where all residents, including immigrants, refugees, 2SLGBTQIA+ individuals, and other marginalized persons can fully participate in and be integrated into the social, civic, and economic fabric of Seattle; and
WHEREAS, the City has previously affirmed in Resolution 31730 the promotion of policies and programs that reflect Seattle’s status as a Welcoming City; and
WHEREAS, the City has previously affirmed in Resolution 32054 and Ordinance 126649 its support of laws safeguarding reproductive rights to provide everyone in Seattle, Washington State, and beyond access to safe abortions and comprehensive reproductive health care, including protections against discrimination; and
WHEREAS, the City has previously affirmed in Resolution 31738 its request to the United States Congress to ensure that federal civil rights laws are fully inclusive of protections based on sexual orientation and gender identity or expression; and
WHEREAS, Ordinance 125100, adopted August 3, 2016, recognizes that members of the 2SLGBTQIA+ community still face threats to their physical safety, economic security, and overall well-being, and the City has a compelling interest in protecting the physical and psychological well-being of minors, including 2SLGBTQIA+ youth, and in protecting its minors against exposure to serious harms caused by conversion therapy; and
WHEREAS, Ordinance 126634, adopted August 1, 2022, establishes the City as a sanctuary city for those seeking abortion care and prevents the Seattle Police Department from cooperating with out-of-state warrants related to abortions or other reproductive health care; and
WHEREAS, Ordinance 124829, adopted August 14, 2015, helps create safer, more accessible restroom facilities for everyone, including transgender and gender diverse individuals; and
WHEREAS, Executive Order 2023-07 Equity and Opportunity in City Contracting recognizes that LGBTQ-owned businesses are also impacted by contracting equity, and directed the Finance and Administrative Services Department to explore ways to advance opportunity for these firms; and
WHEREAS, Washington State’s Shield Law that was enacted in 2023 provides protections for those who pursue or provide legal reproductive health care services or gender-affirming treatment in Washington State; and
WHEREAS, Washington State’s Shield Law provides a mechanism by which any person in the state who receives a subpoena from any court, state or federal, in the United States or any
of its territories, may, pursuant to the Washington Rules of Civil Procedure, move to modify or quash that subpoena on the grounds that it is inconsistent with the public policy of Washington under the State’s Shield Law; and
WHEREAS, the City recognizes that such a motion is consistent with the public policy of the City of Seattle; and
WHEREAS, the City affirms its role as a leader in inclusion by upholding Washington State’s Shield Law and Washington State’s Law Against Discrimination and resisting efforts to impose discriminatory policies that violate constitutional rights or Washington State’s anti-discrimination laws; and
WHEREAS, a federal judge granted Washington State’s request for a preliminary injunction blocking President Trump’s action to deny life-saving medical care to transgender youth; and
WHEREAS, the 2SLGBTQIA+ community in Seattle represents a vital part of the City’s cultural, social, and economic diversity, and faces ongoing discrimination, violence, and systemic barriers that threaten their safety and well-being; and
WHEREAS, the City recognizes that transgender, non-binary, and gender-diverse individuals are disproportionately targeted by violence and discriminatory policies and seeks to protect and affirm their rights; and
WHEREAS, across the country, anti-2SLGBTQIA+ legislation continues to be enacted, threatening access to health care, education, and protections under the law, and the City remains steadfast in its commitment to reject such policies and protect 2SLGBTQIA+ residents and visitors; and
WHEREAS, the City rejects efforts that criminalize or marginalize 2SLGBTQIA+ identities, including attempts to ban gender-affirming treatment, censor 2SLGBTQIA+ literature, restrict 2SLGBTQIA+ expression, or otherwise undermine the rights of 2SLGBTQIA+ individuals; and
WHEREAS, the City unequivocally supports the rights of individuals to engage in free speech or expression supporting 2SLGBTQIA+ rights, embrace and express their own authentic gender and sexuality, and define their own gender and sex with or without regard to biological sex at birth; and
WHEREAS, the City opposes any government actions that restrict access to reproductive and 2SLGBTQIA+ health care, including gender-affirming treatment; and
WHEREAS, the City has a long-standing commitment to improving the lives of 2SLGBTQIA+ individuals and communities, including investments in the first 2SLGBTQIA+ affirming senior housing project in Washington; hubs and communal spaces for 2SLGBTQIA+ individuals seeking resources, wellness, and community; gender-inclusive youth and older adult athletic programming; and supporting economic development for 2SLGBTQIA+ owned businesses; and
WHEREAS, the City’s Office of Civil Rights enforces Seattle civil rights laws, protecting people from discrimination in city services, employment, housing, contracting, and public accommodations on the basis of, among other things, gender identity, sexual orientation, and sex; and
WHEREAS, the City is committed to providing services and enforcing laws in a professional, nondiscriminatory, fair, and equitable manner, and continues to improve its policies and delivery of services for 2SLGBTQIA+ individuals, including bias-free policing policies, and culturally relevant training programs for health, housing, and social service providers; and
WHEREAS, the Seattle Police Department is the only law enforcement agency in Washington to have a full time 2SLGBTQIA+ liaison, who serves as a point of contact, advocates for community members, and builds trust, and the City is committed to maintaining this valuable position; and
WHEREAS, the City is continually seeking ways to reduce barriers to accessing resources and support for 2SLGBTQIA+ individuals and organizations; and
WHEREAS, the City will continue to celebrate and uplift 2SLGBTQIA+ voices and contributions through public events, education, and partnerships with community organizations; and
WHEREAS, the City seeks to serve as a refuge of fairness, respect, and dignity for all, including 2SLGBTQIA+ individuals, immigrants, refugees, and other historically marginalized communities; and
WHEREAS, the City reaffirms its commitment to diversity, inclusion, and justice, and its commitment to fostering an environment where all individuals, regardless of sexual orientation, gender identity, or reproductive health care needs, can live authentically and without fear of discrimination or harm; and
WHEREAS, as a Welcoming City, the City is committed to recognizing the dignity of all its residents, workers, and visitors, including the right to reside in, work in, and visit a city that does not subject them to prejudicial treatment or discrimination; and
WHEREAS, the City seeks to codify relevant portions of Washington State’s Shield Law and extend provisions to City employees; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. A new Chapter 14.115 is added to the Seattle Municipal Code as follows:
Chapter 14.115 PROTECTED HEALTH CARE SERVICES
14.115.005 Purpose
The purpose of this Chapter 14.115 is to incorporate relevant portions of the Washington State Shield Law (chapter 7.115 RCW) into City law and extend provisions to City employees.
14.115.010 Definitions
The definitions in this Section 14.115.010 apply throughout this Chapter 14.115 unless the context clearly requires otherwise.
“Aggrieved party” means a person against whom an underlying action is commenced based on the aggrieved party’s provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services.
“Assistance” means any action to help, aid, or support the provision of receipt of protected health services including, but not limited to, providing financial, logistical, informational, or travel support to facilitate access to protected health services.
“City” means The City of Seattle.
“Gender-affirming treatment” means health services or products that support and affirm an individual’s gender identity, including social, psychological, behavioral, and medical or surgical interventions. Gender-affirming care services include, but are not limited to, evaluation and treatments for gender dysphoria, gender-affirming hormone therapy, and gender-affirming surgical procedures.
“Protected health care services” means gender-affirming treatment and reproductive health care services that are lawful in the state of Washington.
“Reproductive health care services” means all services, care, or products of a medical, surgical, psychiatric, therapeutic, mental health, behavioral health, diagnostic, preventative, rehabilitative, supportive, counseling, referral, prescribing, or dispensing nature relating to the human reproductive system including, but not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, or the termination of a pregnancy, including self-managed terminations.
“Underlying action” means a civil, criminal, or administrative proceeding, or any proceeding preliminary thereto.
14.115.020 Declaration of public policy - Cooperation to enforce other state’s laws
A. It is the public policy of this City to protect the provision of protected health care services that are lawful in the state of Washington by a person duly licensed under the laws of the state of Washington and the provision of insurance coverage for such services regardless of the location of the person receiving the services.
B. A law of another state that authorizes the imposition of civil or criminal penalties or liability related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington is against the public policy of the City.
C.
1. A City court, judicial officer, court employee or clerk, or public employee or official shall not issue or effectuate a warrant for the arrest of any person in connection with the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington and a City law enforcement agency or officer shall not effectuate such a warrant or knowingly arrest, or knowingly participate in the arrest of, any person for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of such protected health care services.
2. A City agency, commission, board, or department, or any employee or agent thereof, acting in their official capacity, shall not cooperate with or provide information to any individual, agency, commission, board, or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency, for the purpose of enforcing another state’s law or an investigation related to another state’s law that asserts criminal or civil liability for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington.
3. A City court, judicial officer, court employee or clerk, or attorney shall not issue a subpoena, warrant, court order, or other civil or criminal legal process pursuant to any state law in connection with a proceeding in another state related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington.
4. Nothing in this Section 14.115.020 prohibits the investigation of any criminal activity in this state that may involve the alleged provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services occurring in the state of Washington. Any information relating to any protected health care services provided to a specific individual shall not be shared with an agency, department, or individual from another state for the purpose of investigating or enforcing another state’s law that asserts criminal or civil liability for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington.
5. A City court, judicial officer, court employee or clerk, or public employee or official shall not apply to a case or controversy heard in City court any law that is contrary to this City’s public policy as described in this Section 14.115.020.
14.115.040 Civil claim for interference with protected health care services
A.
1. A claim for interference with protected health care services arises when:
a. Any underlying action is commenced against an aggrieved party in any court, state or federal, in the United States or any of its territories, where liability in the underlying action is based in whole or in part on:
1) The aggrieved party’s provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington;
2) Conduct occurring in this state; and
3) A cause of action or criminal liability that is not available under City or Washington law or the law of another state that is substantially similar to City or Washington law; or
b.
1) Any person in the state of Washington receives a subpoena from any court, state or federal, in the United States or any of its territories, where the information sought concerns the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington; and
2) Where liability in the underlying action is based in whole or in part on a cause of action or criminal liability that is not available under Washington law or the law of another state that is substantially similar to Washington law.
2. An underlying action is based on conduct occurring in this state if any part of the acts or omissions that form the basis of liability in the underlying action occur in Washington state, whether or not such acts or omissions are alleged in the action.
B. A person may maintain a claim for interference with protected health care services under this Section 14.115.040 if the underlying action is objectively baseless and brought for an improper purpose.
1. An underlying action is objectively baseless under this Section 14.115.040 if:
a. The court in the underlying action lacked jurisdiction over the aggrieved party;
b. The underlying action impedes the right to travel; or
c. Other factors exist that the court determines demonstrate the objective baselessness of the underlying action.
2. An underlying action is brought for an improper purpose under this Section 14.115.040 if:
a. A purpose of the underlying action is to deter acts or omissions in Washington state that are permitted under the laws of the state of Washington; or
b. Other factors exist that the court determines demonstrate the underlying action was brought for an improper purpose.
C. If a court finds for the aggrieved party in an action asserting a claim for interference with protected health care services authorized by this Section 14.115.040, the aggrieved party may recover damages from any party that brought the underlying action. Recoverable damages include:
1. Actual damages including, but not limited to, costs and reasonable attorneys’ fees spent in defending the underlying action;
2. Costs and reasonable attorneys’ fees incurred in bringing an action under this Section 14.115.040 as may be allowed by the court; and
3. Statutory damages up to $10,000 if the underlying action is found to be frivolous.
D. The provisions of this Section 14.115.040 do not apply to a judgment entered in another state that is based on an action:
1. Founded in tort, contract, or statute, and for which a similar claim would exist under the laws of this state, brought by the person who received the protected health care services upon which the original lawsuit was based or the person’s authorized legal representative, for damages suffered by the person or damages derived from an individual’s loss of consortium of the person;
2. Founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgment entered in another state; or
3. Where no part of the acts that formed the basis for liability occurred in this state.
14.115.050 Enforcement by City Attorney
The City Attorney may bring an action to enjoin any person from violating any provision of this Chapter 14.115. Upon proper showing, a court of competent jurisdiction may grant a permanent or temporary injunction, restraining order, writ of mandamus, or any additional orders or judgments necessary to enjoin such persons from violating this Chapter 14.115. For any action in which the City Attorney prevails, the City Attorney may recover the costs of the action, including a reasonable attorney’s fee.
14.115.900 Short title
This Chapter 14.115 may be known and cited as the Shield Law.
14.115.901 Construction - Full faith and credit
The courts of this state shall give full faith and credit as provided for in the United States Constitution to the public acts, records, and judicial proceedings of another state and nothing in this Chapter 14.115 shall be construed to undermine the primacy of that clause.
14.115.902 Notice of future modifications to State law
The Office of Intergovernmental Relations shall monitor and keep the Council apprised of any proposed changes to Chapter 7.115 RCW and notify the Council in writing within 21 days of any enacted changes to Chapter 7.115 RCW that may occur following the enactment of this Chapter 14.115.
Section 2. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2025, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2025.
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President ____________ of the City Council
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Approved / |
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returned unsigned / |
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vetoed this _____ day of _________________, 2025. |
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2025.
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Scheereen Dedman, City Clerk
(Seal)