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Posts for Harry Boesche

What to Know About the New Restrictions on Flock and Similar Camera Systems

April 27, 2026  by  Harry Boesche
Category:  Law Enforcement ,  New Legislation and Regulations ,  Law Enforcement Records Disclosure

Automated license plate readers (ALPR) systems are used by many Washington local governments. Public concerns about warrantless surveillance, individual privacy, and the potential misuse of ALPR, led the legislature to recently place restrictions on ALPR use through SB 6002.

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First Amendment Audits Explained: Common Questions and Agency Guidance

February 23, 2026  by  Harry Boesche
Category:  Public Records Act ,  Operating Policies

First Amendment audits, and the aggressive tactics auditors use, can often leave public agency staff and elected officials confused or frightened. What are an agency’s obligations to preserve the auditor’s First Amendment rights while also keeping staff and facilities safe?

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Keeping the Faith: Undue Hardship as Applied to Religious Accommodation Requests

December 8, 2025  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Personnel Policies

When reviewing religious-based accommodation requests in the workplace, the courts have applied two principles: whether the request is supported by a bona fide religious belief, and whether the request will pose an undue hardship for the employer. 

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Keeping the Faith: Religious Accommodation and the Public Agency Employer

December 1, 2025  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Personnel Policies

Employers are required by both state and federal law to offer religious accommodations to employees who request them based on a bona fide religious belief. What type of accommodations might an employer offer and must they approve all employee requests? 

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Written on the Subway Walls: Is Graffiti Free Speech or Property Damage?

September 29, 2025  by  Harry Boesche
Category:  Nuisance Abatement and Enforcement ,  Property Nuisances

Should graffiti written on a public sidewalk be considered free speech or property damage? While courts at all levels have wrestled with this question, most rulings preserve broad First Amendment protections for free speech in traditional public forums.

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More Process and Proof: 2025 Legislative Changes to Civil Asset Forfeiture Procedures

July 16, 2025  by  Harry Boesche
Category:  Law Enforcement ,  New Legislation and Regulations

New in 2025, HB 1440 has made changes to civil asset forfeiture procedures impacting burden of proof, hearing request deadlines and removal procedures, consolidation of procedures, and agency reporting requirements, among other things.

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Immigration Regulation and the Role of Local Governments

April 16, 2025  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Law Enforcement

Immigration issues involve a complicated web of federal, state, and local regulation. How do federal requirements apply to state and local government and are local agencies required to assist the federal government’s enforcement of immigration laws within their jurisdictions?

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Traffic Camera Use by Local Governments: Considerations, Limitations, and Pitfalls to Avoid

February 5, 2025  by  Harry Boesche
Category:  Traffic Regulation and Enforcement

Before implementing the use of traffic cameras to detect vehicle-related infractions, a local government should review the process for setting up a program, including how to use revenue associated with infractions, required reports, and how to handle material produced by cameras.

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Slow Down, You Go Too Fast: Traffic Camera Use By Local Government

January 28, 2025  by  Harry Boesche
Category:  Traffic Regulation and Enforcement

Recent changes to state law have expanded the ability of local governments to use traffic cameras for a variety of infractions related to vehicle use. Before implementing their use, a local government should fully understand where they may be employed, and for what purpose.

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Social media symbols set up like a slot machine

Social Media and Public Agencies: Strategies to Harness Communication Potential and Avoid Legal Challenges

December 2, 2024  by  Harry Boesche
Category:  Social Media ,  Inclusive Communities ,  Public Participation

Social media has proven to be an effective communication tool for local governments but not without its challenges. Proper guidance for staff and elected officials can help agencies avoid potential legal issues, such as violating the Open Public Meetings Act.

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a broken storefront window

Overcoming Roadblocks: How Federal Funds Can Support Local Business

September 16, 2024  by  Harry Boesche
Category:  Financing Economic Development ,  Gift of Public Funds ,  Federal Funding

Businesses that experience interruptions due to public street projects can impact a whole community. Local governments may want to help, but they also must follow the statewide gift of public funds prohibition. Use of federal grants funds may help accomplish both objectives.

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Camping Revisited: U.S. Supreme Court Changes the Landscape of Penalizing Public Sleeping

July 15, 2024  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Homelessness

The U.S. Supreme Court's recent decision in Grants Pass v. Johnson gives local governments a greater ability to enact and enforce criminal penalties for acts like public camping or sleeping, even in localities where limited local shelter space contributes to these acts.

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Introducing Harry Boesche, MRSC Legal Consultant

April 25, 2024  by  Harry Boesche
Category:  MRSC News and Updates

Meet MRSC's newest team member and legal consultant, Harry Boesche, formerly deputy/acting city attorney with the City of Auburn.

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A surprised woman reads comments by critics on social media

U.S. Supreme Court Changes Law on Government First Amendment Liability for Social Media Activities

April 8, 2024  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Social Media

The recent ruling in Lindke v. Freed changes Washington law regarding government First Amendment liability in social media use and has important implications for local government officials and their agencies.

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