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Liquor and Cannabis Board begins process to amend or repeal 'prohibitive conduct' rule

A future board vote will include draft rule language and a public hearing and could come as early as next month.

SEATTLE — Wednesday, the Washington Liquor and Cannabis Board voted to approve a statement of inquiry to start a process that could amend or repeal the "prohibited conduct rule.

Known by many as the lewd conduct ordinance, it was heavily criticized following inspections at LGBTQ+ bars that many called invasive. Soon after, the LCB announced it would pause inspections, suspend its participation with the Joint Enforcement Team, which includes the Seattle Police Department, and look into potential changes to its rules. 

According to a spokesperson, a more substantial vote will take place when the board reviews the draft rule language and has a public hearing. That could happen as early as next month.

The board postponed action on citizens' petitions for rulemaking so the board chair could be present. Skye Theriot, who submitted an initial petition, says he was disappointed by that delay but glad to see the board was already initiating a process to make changes. 

"[Washington could] be an example for the rest of the country that when we find laws that are outdated or laws that have been purposefully, demonstrably used to marginalize further an already marginalized community, that we care and we're going to take that off the official rulebook," Theriot said. In addition to concerns about the rule itself, Theriot says he was especially opposed to the fact that enforcement involved collecting photographic evidence. 

Brice Crawford, who submitted a version of the same petition to the LCB, says it's been encouraging to see fast action by the board -- and engagement by the community.

"It's been inspiring to see the community come together over this and see the government be so receptive as well," Crawford said. "I hope if anything people take this, rather than 'oh my God, isn't this terrible?,' as a sign that you can make a difference when you engage with the [rulemaking process]."

A state House committee also held a public hearing on ESSB 6105 Wednesday. The measure includes worker safety protections for dancers and also directs the LCB to repeal the ordinance, which could lead to allowing alcohol in strip clubs.

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