An Unfair Chance for the Formerly Incarcerated: Yim v. City of Seattle and the Commercial Speech Doctrine
Formerly incarcerated persons face disproportionately challenging barriers to housing upon reentry; criminal records are used as a basis to deny otherwise suitable prospective tenants. In 2017, the City of Seattle passed the “Fair Chance Housing Ordinance,” prohibiting landlords from relying on criminal history when evaluating prospective tenants. In 2023, the Ninth Circuit struck this provision down on the grounds that this complete ban violated Seattle landlords’ constitutionally protected free speech rights. The circuit court held that the ordinance implicated commercial… Read More