City resident filed recall petition against city councilmember due to councilmember’s alleged commission of offense of indecent exposure during a protest.
The Superior Court approved the petition and certified the ballot synopsis. City councilmember appealed.
The Supreme Court held that:
- Recall petition was factually insufficient insofar as it alleged malfeasance in office;
- Councilmember’s alleged conduct did not constitute the offense of indecent exposure;
- Councilmember’s alleged conduct was expressive conduct protected under the United States and Washington Constitutions; and
- Recall petition was both factually and legally insufficient insofar as it alleged that councilmember violated oath of office.