forum analysis in Washington

2004See, e.g., Huff, 111 Wn.2d at 928 ; Bering, 106 Wn.2d at 234 ; Collier , 121 Wn.2d 737 ; cf. Southcenter Joint Venture v. Nat’l Democratic Policy Comm., 113 Wn.2d 413, 431-32 , 780 P.2d 1282 (1989) (noting the “United States Supreme Court expressly declined to extend the ‘public function’ doctrine to a privately owned shopping mall” and finding no “persuasive reason why this doctrine should apply any differently under our state constitution”). 5 Thus, without performing an independent forum analysis in Bering , we cited Grace, 461 U.S. at 177 , and Perry Education Association, for the proposit

2004See, e.g., Huff, 111 Wash.2d at 928 , 767 P.2d 572 ; Bering, 106 Wash.2d at 234 , 721 P.2d 918 ; Collier, 121 Wash.2d 737 , 854 P.2d 1046 ; cf. South-center Joint Venture v. Nat'l Democratic Policy Comm., 113 Wash.2d 413, 431-32 , 780 P.2d 1282 (1989) (noting the "United States Supreme Court expressly declined to extend the `public function' doctrine to a privately owned shopping mall" and finding no "persuasive reason why this doctrine should apply any differently under our state constitution"). [5] Thus, without performing an independent forum analysis in Bering , we cited Grace , 461 U.S at

2016He noted that "[i]n most circumstances I would be inclined to conclude that a regular course of dealing that results in deliveries of over 100,000 units annually over a period of several years 11 State v. LG Electronics, et. al., No. 91391-9 would constitute 'purposeful availment' even though the item delivered to the forum State was a standard product marketed throughout the world." Id.

2016He noted that “[i]n most circumstances I would be inclined to conclude that a regular course of dealing that results in deliveries of over 100,000 units annually over a period of several years would constitute ‘purposeful availment’ even though the item delivered to the forum State was a standard product marketed throughout the world.” Id. ¶20 In J.

2010Neinast, 346 F.3d at 591-92 . ¶ 59 The premise that not all aspects of a particular government property are treated the same under a forum analysis is also exemplified by Illinois Dunesland Preservation Society v. Illinois Department of Natural Resources, 587 F.Supp.2d 1012 (N.D.Ill. 2008), aff'd on other grounds, 584 F.3d 719 (7th Cir.2009).

2010Neinast, 346 F.3d at 591-92 . ¶60 The premise that not all aspects of a particular government property are treated the same under a forum analysis is also exemplified by Illinois Dunesland Preservation Society v. Illinois Department of Natural Resources, 587 F. Supp. 2d 1012 (E.D.

2010Tunstall, 141 Wash.2d at 220 . 5 P.3d 691 . ¶ 34 Forum analysis is done in two steps.

2010Tunstall, 141 Wn.2d at 220 . ¶34 Forum analysis is done in two steps.

2010Neinast, 346 F.3d at 591-92 . ¶ 59 The premise that not all aspects of a particular government property are treated the same under a forum analysis is also exemplified by Illinois Dunesland Preservation Society v. Illinois Department of Natural Resources, 587 F.Supp.2d 1012 (N.D.Ill. 2008), aff'd on other grounds, 584 F.3d 719 (7th Cir.2009).

2010Neinast, 346 F.3d at 591-92 . ¶60 The premise that not all aspects of a particular government property are treated the same under a forum analysis is also exemplified by Illinois Dunesland Preservation Society v. Illinois Department of Natural Resources, 587 F. Supp. 2d 1012 (E.D.

2010Neinast, 346 F.3d at 591-92 . ¶ 59 The premise that not all aspects of a particular government property are treated the same under a forum analysis is also exemplified by Illinois Dunesland Preservation Society v. Illinois Department of Natural Resources, 587 F.Supp.2d 1012 (N.D.Ill. 2008), aff'd on other grounds, 584 F.3d 719 (7th Cir.2009).

2010Ill. 2008), aff’d on other grounds, 584 F.3d 719 (7th Cir. 2009).

2010Mainstream Loudoun I, 2 F.Supp.2d at 793-94, 795 ; Mainstream Loudoun II, 24 F.Supp.2d at 561-563 . ¶ 31 However, all of these conclusions are at odds with the decision in A.L.A.

2010Mainstream Loudoun I, 2 F. Supp. 2d at 793-94, 795 ; Mainstream Loudoun II, 24 F. Supp. 2d at 561-63 . ¶32 However, all of these conclusions are at odds with the decision in A.L.A.

2008Auth., 417 F.3d 495 (5th Cir.2005); Daniel v. City of Tampa, 38 F.3d 546 (11th Cir.1994); Crowder v. Hous.

2008Auth., 417 F.3d 495 (5th Cir. 2005); Daniel v. City of Tampa, 38 F.3d 546 (11th Cir. 1994); Crowder v. Hous.

2008Diamond Fruit, 794 F.2d at 1444 . ¶ 22 Under this reasoning, none of Rudd's additional terms printed on the invoice — the warranty disclaimer, the remedy limitation, and the forum clause — is included in its contract with TFC.

2008Diamond Fruit, 794 F.2d at 1444 . ¶22 Under this reasoning, none of Rudd’s additional terms printed on the invoice—the warranty disclaimer, the remedy limitation, and the forum clause—are included in its contract with TFC.

2008Auth., 417 F.3d 495 (5th Cir.2005); Daniel v. City of Tampa, 38 F.3d 546 (11th Cir.1994); Crowder v. Hous.

2008Auth., 417 F.3d 495 (5th Cir. 2005); Daniel v. City of Tampa, 38 F.3d 546 (11th Cir. 1994); Crowder v. Hous.

2008The majority relies on authority addressing whether a landlord had a duty to maintain a stairway, Andrews v. McCutcheon, 17 Wn.2d 340 , 135 P.2d 459 (1943), and concludes that the doors are appurtenant to the rented premises.

2008The majority relies on authority addressing whether a landlord had a duty to maintain a stairway, Andrews v. McCutcheon, 17 Wn.2d 340 , 135 P.2d 459 (1943), and concludes that the doors are appurtenant to the rented premises.

2007Accordingly, the extent to which the Government can control access depends on the nature of the relevant forum.” United States v. Kokinda, 497 U.S. 720, 726 , 110 S. Ct. 3115 , 111 L.

2007Accordingly, the extent to which the Government can control access depends on the nature of the relevant forum.” United States v. Kokinda, 497 U.S. 720, 726 , 110 S. Ct. 3115 , 111 L.

2007Secondly, the case law demonstrates a commitment by the courts to guarding speakers' reasonable expectations that their speech will be protected." ACLU, 333 F.3d at 1100 . ¶ 23 Applying what Plaintiffs assert is the forum test from ACLU, they contend that there is no evidence that use of the easement here for expressive conduct is incompatible with the primary use of the interior of the *882 Westlake Center taken as a whole.

2007Secondly, the case law demonstrates a commitment by the courts to guarding speakers’ reasonable expectations that their speech will be protected.” ACLU, 333 F.3d at 1100 . ¶23 Applying what Plaintiffs assert is the forum test from ACL U, they contend that there is no evidence that use of the easement here for expressive conduct is incompatible with the primary use of the interior of the Westlake Center taken as a whole.

2006See, e.g., Perry, 460 U.S. 37 , 103 S.Ct. 948 , 74 L.Ed.2d 794 ; Chiu, 260 F.3d 330 ; May 787 F.2d 1105 . ¶ 23 Herbert also attempts to distinguish all the forum analysis cases from his case because those cases involve the local school district creating its own policy, whereas here the state statute regulates (via the PDC) local teachers.

2006See, e.g., Perry, 460 U.S. 37 ; Chiu, 260 F.3d 330 ; May, 787 F.2d 1105 . ¶23 Herbert also attempts to distinguish all the forum analysis cases from his case because those cases involve the local school district creating its own policy, whereas here the state statute regulates (via the PDC) local teachers.

2006See, e.g., Perry, 460 U.S. 37 , 103 S.Ct. 948 , 74 L.Ed.2d 794 ; Chiu, 260 F.3d 330 ; May 787 F.2d 1105 . ¶ 23 Herbert also attempts to distinguish all the forum analysis cases from his case because those cases involve the local school district creating its own policy, whereas here the state statute regulates (via the PDC) local teachers.

2006See, e.g., Perry, 460 U.S. 37 ; Chiu, 260 F.3d 330 ; May, 787 F.2d 1105 . ¶23 Herbert also attempts to distinguish all the forum analysis cases from his case because those cases involve the local school district creating its own policy, whereas here the state statute regulates (via the PDC) local teachers.

2004See, e.g., Huff, 111 Wn.2d at 928 ; Bering, 106 Wn.2d at 234 ; Collier , 121 Wn.2d 737 ; cf. Southcenter Joint Venture v. Nat’l Democratic Policy Comm., 113 Wn.2d 413, 431-32 , 780 P.2d 1282 (1989) (noting the “United States Supreme Court expressly declined to extend the ‘public function’ doctrine to a privately owned shopping mall” and finding no “persuasive reason why this doctrine should apply any differently under our state constitution”). 5 Thus, without performing an independent forum analysis in Bering , we cited Grace, 461 U.S. at 177 , and Perry Education Association, for the proposit

2004See, e.g., Huff, 111 Wn.2d at 928 ; Bering, 106 Wn.2d at 234 ; Collier , 121 Wn.2d 737 ; cf. Southcenter Joint Venture v. Nat’l Democratic Policy Comm., 113 Wn.2d 413, 431-32 , 780 P.2d 1282 (1989) (noting the “United States Supreme Court expressly declined to extend the ‘public function’ doctrine to a privately owned shopping mall” and finding no “persuasive reason why this doctrine should apply any differently under our state constitution”). 5 Thus, without performing an independent forum analysis in Bering , we cited Grace, 461 U.S. at 177 , and Perry Education Association, for the proposit

2004See, e.g., Huff, 111 Wn.2d at 928 ; Bering, 106 Wn.2d at 234 ; Collier , 121 Wn.2d 737 ; cf. Southcenter Joint Venture v. Nat’l Democratic Policy Comm., 113 Wn.2d 413, 431-32 , 780 P.2d 1282 (1989) (noting the “United States Supreme Court expressly declined to extend the ‘public function’ doctrine to a privately owned shopping mall” and finding no “persuasive reason why this doctrine should apply any differently under our state constitution”). 5 Thus, without performing an independent forum analysis in Bering , we cited Grace, 461 U.S. at 177 , and Perry Education Association, for the proposit

2004See, e.g., Huff, 111 Wn.2d at 928 ; Bering, 106 Wn.2d at 234 ; Collier , 121 Wn.2d 737 ; cf. Southcenter Joint Venture v. Nat’l Democratic Policy Comm., 113 Wn.2d 413, 431-32 , 780 P.2d 1282 (1989) (noting the “United States Supreme Court expressly declined to extend the ‘public function’ doctrine to a privately owned shopping mall” and finding no “persuasive reason why this doctrine should apply any differently under our state constitution”). 5 Thus, without performing an independent forum analysis in Bering , we cited Grace, 461 U.S. at 177 , and Perry Education Association, for the proposit

2004See, e.g., Huff, 111 Wn.2d at 928 ; Bering, 106 Wn.2d at 234 ; Collier , 121 Wn.2d 737 ; cf. Southcenter Joint Venture v. Nat’l Democratic Policy Comm., 113 Wn.2d 413, 431-32 , 780 P.2d 1282 (1989) (noting the “United States Supreme Court expressly declined to extend the ‘public function’ doctrine to a privately owned shopping mall” and finding no “persuasive reason why this doctrine should apply any differently under our state constitution”). 5 Thus, without performing an independent forum analysis in Bering , we cited Grace, 461 U.S. at 177 , and Perry Education Association, for the proposit

2004See, e.g., Huff, 111 Wash.2d at 928 , 767 P.2d 572 ; Bering, 106 Wash.2d at 234 , 721 P.2d 918 ; Collier, 121 Wash.2d 737 , 854 P.2d 1046 ; cf. South-center Joint Venture v. Nat'l Democratic Policy Comm., 113 Wash.2d 413, 431-32 , 780 P.2d 1282 (1989) (noting the "United States Supreme Court expressly declined to extend the `public function' doctrine to a privately owned shopping mall" and finding no "persuasive reason why this doctrine should apply any differently under our state constitution"). [5] Thus, without performing an independent forum analysis in Bering , we cited Grace , 461 U.S at

2025Ndiaye, 188 Wn.

2018Id.

2017Id. at 769-70 .

2016McIntyre, the United States Supreme Court again considered the stream of commerce theory and again issued a fractured opinion. 564 U.S. 873 .

2010Tunstall, 141 Wash.2d at 220 . 5 P.3d 691 . ¶ 34 Forum analysis is done in two steps.

2008Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37, 46 , 103 S.Ct. 948 , 74 L.Ed.2d 794 (1983) (internal quotation marks omitted) (quoting U.S. Postal Serv. v. Council of Greenburgh Civic Ass'ns, 453 U.S. 114, 129-30 , 101 S.Ct. 2676 , 69 L.Ed.2d 517 (1981)). *90 ¶ 30 The majority reaches the wrong result and strikes down Rule 42 because it fails to engage in the forum analysis that should be applied when a question arises concerning access to government property for expressive purposes.

2008Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37, 46 , 103 S.Ct. 948 , 74 L.Ed.2d 794 (1983) (internal quotation marks omitted) (quoting U.S. Postal Serv. v. Council of Greenburgh Civic Ass'ns, 453 U.S. 114, 129-30 , 101 S.Ct. 2676 , 69 L.Ed.2d 517 (1981)). *90 ¶ 30 The majority reaches the wrong result and strikes down Rule 42 because it fails to engage in the forum analysis that should be applied when a question arises concerning access to government property for expressive purposes.

2004Huff, 111 Wn.2d at 926-28 ; Richmond, 130 Wn.2d at 379-82 .