U.S. Department of Justice United States Attorney Western District of Washington Please reply to: J. Michael Diaz Assistant United States Attorney Direct Line: (206) 553-7970 700 Stewart Street, Suite 5220 Seattle WA, 98101-1271 www.usdoj.gov/usao/waw Tel: (206) 553-7970 Fax: (206) 553-4067 December 6, 2016 VIA FEDERAL EXPRESS AND EMAIL John Hopkins, Mayor City of Puyallup 333 S. Meridian Puyallup, WA 98371 (253) 313-4971 jhopkins@ci.puyallup.wa.us Re: New Hope Resource Center Dear Mr. Hopkins: This letter is to inform you that the Department of Justice has initiated an investigation of the City of Puyallup’s (“City”) zoning and land use practices pursuant to the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. §§ 2000cc, et seq. RLUIPA prohibits application of a land use regulation that: (1) imposes a substantial burden on religious exercise absent a compelling justification pursued in the least restrictive means; (2) treats a religious assembly or institution on less than equal terms with nonreligious assemblies or institutions; (3) discriminates against religious entities on the basis of religion or religious denomination; and/or (4) totally excludes or unreasonably limits religious assemblies, institutions, or structures within a jurisdiction. The Department of Justice may investigate potential RLUIPA violations and bring a lawsuit to enforce the statute. 42 U.S.C. §§ 2000cc2(f). Our investigation is focused on the City’s recent amendment to its Municipal Code by Ordinance 3110 and its implementation as to the New Hope Resource Center (“New Hope”). Our investigation is preliminary in nature and so, by definition, we have not made any determination as to whether there has been a violation of RLUIPA by the City. During the course of our investigation, we will consider all relevant information. Once you have assembled your responses to the attached information requests, we welcome your assistance in identifying any other information that you believe is relevant to our inquiry. Page 1 of 4 Provided that the City cooperates fully with our investigation, if we-conclude that there are no violations of RLUIPA (or otherwise choose to close the investigation), we will notift you that we are closing the investigation. If, on the other hand, we conclude that there are violations requiring remedial action, we will attempt to work with the City to develop a plan to ensure compliance and remedy past violations. Only if we cannot resolve the matter in discussions with you will we resort to contested litigation in federal court. In order to further our investigation, we request that you send the information and documents identified in the attachment to the attention of AUSA J. Michael Diaz at the address above by ovemight delivery within 21 days of receipt of this leffer. We have affempted to limit the areas of inquiry to expedite the initial phase of this investigation, and are prepared to work with you to minimize the impact on the City of responding to these requests. Please contact us if you have questions about what we are requesting or how best to provide the requested materials to us. We also want to notify you now that we may want to interview certain City employees, agents, or officials in the near future as well. We will inform you if we need to conduct any interviews, and whom we want to interview, once we have had a chance to review your responses to our information requests. Finally, we request that the City maintain, in their current form, any and all records, documents, files, emails, text messages, voicemails, or video and audio recordings. that could be relevant to this investigation. To the extent that such records are contained in an electronic system, electronic files should not be altered or destroyed pending completion of our investigation. If there is a need to discard any information or documentation, we request that you notiff us before taking such action. If you have any questions or concerns about the matters addressed in this letter, please contact us at the number above. Thank ynu in advance for your cooperation. Yours truly, VANITA GUPTA ANNETTE L. HAYES United States Attorney \ . t/tl ,,t"4 A,' s , Principal Deputy Assistant Attorney General d.*; B,t/.-/{J,, J. Michael Diaz Junis L. Baldon Assistant United States Attorney United States Attomey's Office Westem District of Washington Trial Attorney United States Department of Justice Civil Rights Division Housing and Civil Enforcement Section Cc: John Palmer, Deputy Mayor, i palmer@c i.puyallup.wa.us Bryan Jeter, Chief of Police, bjeter@ci.puyallup.wa.us Joe Beck, City Attorney, jbeck@ci.puyallu ; ATTACHMENT: INFORMATION AND DOCUMENTS REQUESTED BY THE UNITED STATES Please provide the following information and documents. In responding to the United States’ requests, please indicate the numbered request to which your explanations or documents are responsive. To the extent that the information requested is available online, you may provide the web address for relevant information. 1. A current copy of the City’s land use, zoning, building and business license ordinances (together “Ordinances”), including the City’s land use, zoning, building and business license maps (together “Maps”), and copies of any other laws, codes, ordinances, comprehensive plans, or regulations governing or relating to procedures and requirements for obtaining certificates of occupancy, variances, special permits, conditional use permits (or other similar permits or exemptions), or applications to locate in or do business within the City, including but not limited to significant impact business licenses. 2. Copies of any previous or superseded Ordinances, Maps, or other laws, codes, ordinances, comprehensive plans, or regulations governing or relating to procedures and requirements for obtaining certificates of occupancy, variances, special permits, conditional use permits (or other similar permits or exemptions), or applications to locate in or do business within the City that were in effect at any time from January 1, 2006 to the present, including but not limited to significant impact business licenses. 3. Copies of all correspondence, letters, emails, text messages, voicemails, memoranda, notes, resolutions, agendas, audio or video recordings, transcripts, minutes, decisions, reports, studies, or other documents or recordings concerning Ordinance 3110. 4. Copies of all correspondence, letters, emails, text messages, voicemails, memoranda, notes, resolutions, agendas, audio or video recordings, transcripts, minutes, decisions, reports, studies, or other documents or recordings concerning New Hope or its efforts to obtain or retain a business license, including but not limited to a significant impact business license. 5. A current and complete list of any entities in the City subject to a significant impact business license. 6. Copies of any applications for certificates of occupancy, variances, special permits, conditional use permits (or other similar permits or exemptions), or applications to locate in or do business within the City by or concerning any airports, hazardous waste processors, congregate residential facilities for sex offenders, and explosives manufacturers, or other homeless service centers, in any residential district since January 1, 2006. For each, please provide a statement describing whether each such application was approved or denied, any additional conditions imposed, the district concerned, and the date of such approval or denial. 7. Copies of any applications for certificates of occupancy, variances, special permits, conditional use permits (or other similar permits or exemptions), or applications to locate in or do business within the City by or concerning sexually oriented businesses, nightclubs, bars, dance clubs, pool halls, smoke shops, or video game parlors in any residential district since January 1, 2006. For each, please provide a statement describing whether each such application was approved or denied, any additional conditions imposed, the district concerned, and the date of such approval or denial. 8. With regard to the “Preliminary Significant Impact Business License Mitigating Conditions” for New Hope, issued by the City on or about September 16, 2016 (“Preliminary SIB License”), copies of any and all records, documents, files, emails, text messages, voicemails, etc. related to the following: a. “testimony, comments and submittals from members of the community, including via e-mail and at prior City Council meetings and other public forums, relating to New Hope Resource Center’s operations and property”; b. “records of the City of Puyallup Police Department pertaining to Calls for Service and related impacts/information associated with New Hope Resource Center’s operations and property”; c. “records of the City of Puyallup Code Compliance Officer pertaining to compliance activities associated with New Hope Resource Center’s operations and property”; and d. “records of the City of Puyallup Public Works Department pertaining to maintenance activities associated with New Hope Resource Center’s operations and property.” 9. Copies of any and all records, documents, files, emails, text messages, voicemails, etc. related to any public comment received following the Preliminary SIB License.