Systemic GR 33 Challenge Before WA Supreme Court – ADA Access & Due Process at Stake

[Sarai Cook]

Hi all,

I’m sharing an opportunity for potential amicus engagement in a pair of consolidated Washington Supreme Court cases—No. 1041969 (Discretionary Review) and No. 1042612 (Mandamus)—challenging how Washington courts handle disability accommodation requests under GR 33.

The cases raise critical access-to-justice questions, including:

• Facial (On-Its-Face) Challenges to GR 33

  • GR 33 fails to notify litigants of their right to seek immediate federal judicial enforcement under the ADA, violating 28 C.F.R. § 35.106.

  • GR 33 affirmatively misleads litigants by referring only to DOJ complaint procedures, implying exhaustion is required.

  • GR 33 creates a two-tiered access system by excluding disability access orders from RAP 2.2(a)’s automatic appeal rights, unlike other fundamental rights.

  As-Applied Challenges in This Case

  • Petitioners were denied ex parte, sealed review as required by GR 33(b)(4)–(5), despite proper submission.

  • The trial court failed to make individualized findings for each Petitioner under GR 33(c)(1)(C).

  • The trial court failed to apply the undue burden/fundamental alteration standards under GR 33(c)(2)(B)–(D).

  • The court adjudicated GR 33 requests in an adversarial public hearing without prior notice or opportunity to be heard.

  • The trial court deferred to opposing party preferences in deciding accommodations, contrary to GR 33(c)(1)(B).

  • Petitioners’ confidential health records were exposed or threatened with unsealing, violating GR 33(d) and ADA privacy regulations.

  • Petitioners were denied a plain, speedy, and adequate remedy due to lack of appeal rights and ineffective discretionary mechanisms.

This litigation is structured across two tracks—short-term procedural enforcement and long-term constitutional clarification. The Washington Supreme Court’s decision on whether to grant review is expected by June 30.

Amicus summary attached (happy to send a formatted brief or background materials on request).

Contact: Sarai Cook – atto...@6directionslaw.com

Thanks for reading, and I welcome questions or interest in collaborating.