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Fact check: How have Washington state courts interpreted the constitutionality of RCW 19.28 in recent years?

Checked on October 14, 2025

Executive Summary

Washington reporting included in the dataset does not identify any recent Washington state appellate decision directly resolving the constitutionality of RCW 19.28; instead, coverage centers on a gubernatorial executive order requiring Project Labor Agreements and on other, unrelated court matters. The materials show debate about the practical effects of state contracting policies and illustrate how the Washington Supreme Court has recently been engaged in high-profile constitutional questions, but no provided source supplies a direct judicial interpretation of RCW 19.28 [1] [2] [3] [4].

1. Why builders’ complaints landed in the news — and what they actually claimed

Reporting on Gov. Bob Ferguson’s executive order documents that the administration required Project Labor Agreements for state-funded construction projects over $35 million, and that builders in North Central Washington publicly argued this policy could limit competition and disadvantage small contractors. Those accounts emphasize economic and competitive concerns—complaints about market access, bid opportunities, and potential consolidation—without asserting any specific constitutional challenge to RCW 19.28 itself. The pieces make clear the debate in the region focused on policy impact rather than judicial rulings [1] [2].

2. What the articles did not show — no direct court ruling on RCW 19.28

None of the local news analyses in the dataset presented a court opinion or appellate history interpreting RCW 19.28’s constitutionality. The reporting repeatedly frames the controversy as administrative and political—an executive action altering contracting requirements—rather than as the product of a judicial holding striking down or upholding state statute language. The absence of cited judicial decisions in these stories means we lack documentary evidence from the provided materials that Washington courts recently resolved constitutional questions about RCW 19.28 [1] [2].

3. A state high court weighing other constitutional matters suggests interpretive posture, but not direct precedent

The Washington Supreme Court’s engagement with a separate high-profile constitutional issue—a challenge to a ban on large-capacity magazines—shows the court is actively interpreting state constitutional protections and grappling with how U.S. Supreme Court precedents and historical practice inform state law. That case demonstrates the court’s willingness to address complex constitutional balancing and historicist analysis, but it does not establish a legal rule applicable to RCW 19.28 because the subject matter and doctrinal questions differ. The magazine case illuminates methodology, not outcome for construction law [3].

4. The statutory text in the dataset is administrative and regulatory rather than constitutional

A provided source outlines Chapter 19.28 RCW as a framework governing electricians, installations, licensing, and trade regulation. That statutory material reads as occupational and licensing regulation, implicating administrative compliance rather than a freestanding constitutional prohibition. The texts in the dataset reflect how the statute structures trade certification and enforcement, which may generate administrative challenges or regulatory litigation, but the material does not present a recorded constitutional invalidation or definitive appellate gloss from Washington courts [4].

5. Multiple explanations for the absence of judicial rulings in these reports

The available reporting suggests three plausible reasons why no constitutional ruling on RCW 19.28 appears: first, disputes have been resolved administratively or in lower courts without published appellate opinions; second, political responses (like executive orders) have dominated the public record while litigation, if any, remains pending or unpublished; third, news coverage has prioritized economic impacts over arcane legal doctrines. The dataset provides evidence of contention and policy change, but it lacks sources that document finalized constitutionally focused litigation about RCW 19.28 [1] [2] [4].

6. What to look for next — the record that would show court interpretation

To establish how Washington courts have interpreted RCW 19.28, authoritative sources would include published opinions from the Washington Court of Appeals or Washington Supreme Court explicitly addressing constitutional claims against the statute, trial-court decisions denying or granting injunctive relief on constitutional grounds, or certiorari-stage filings. The current materials include statutory text and news coverage of the executive order, but none of these items substitute for judicial opinions that analyze constitutional tests, standards of review, or precedent in detail [4] [1].

7. Short-term takeaways for readers assessing legality and litigation risk

Based on the dataset, the immediate legal posture is uncertain: policymakers have implemented contracting rules that contractors contest on policy and competitive grounds, and the state’s high court is active on other constitutional fronts. However, because provided reporting does not document appellate constitutional rulings on RCW 19.28, any claim that Washington courts have definitively upheld or struck down the statute is unsupported by the supplied evidence. Readers seeking firm legal conclusions should locate published case law or court dockets to confirm whether constitutional challenges to RCW 19.28 exist beyond news coverage [1] [3] [4].

8. Where the dataset points researchers and litigants to go next

The analysis recommends searching Washington appellate databases for published opinions citing “RCW 19.28,” checking superior court dockets in jurisdictions where contractors lodged protests, and reviewing filings in any federal cases raising preemption or constitutional questions. The current sources establish context and competing interests—state policy versus contractor concerns—but they do not provide judicial resolution. Researchers should prioritize primary court materials to move from reportage to legal finding [2] [4].

Want to dive deeper?
What are the key provisions of RCW 19.28 that have been challenged in court?
How have Washington state appellate courts ruled on RCW 19.28 constitutional challenges since 2020?
Can RCW 19.28 be considered an overreach of state authority in regulating certain industries?
What are the implications of Washington state court decisions on RCW 19.28 for similar laws in other states?
Have there been any significant changes to RCW 19.28 in response to court decisions or judicial review in 2024 or 2025?