Kent committee adopts emergency ordinance barring private covenants that block grocery, pharmacy uses

Kent's Committee of the Whole voted Tuesday to adopt an emergency ordinance making private contract provisions that bar the use of land for grocery stores, drugstores or pharmacies void and unenforceable.

The ordinance, presented by senior attorney Anshul Baga of the city attorney's office, would also prohibit private parties from acquiring or leasing property with the intent of withholding land to restrain trade and prevent those retail uses. Baga told council the measure includes civil and criminal municipal enforcement options and preserves the city's ability to pursue other legal remedies, including injunctive relief in superior court.

Why it matters: City staff said the clauses frustrate long-term land-use goals, create vacant storefronts and can artificially restrain competition in neighborhoods that rely on nearby retail, notably grocery and pharmacy access for transit-dependent residents.

Details: The ordinance would void restrictive covenants that target grocery, drugstore or pharmacy operations and authorizes enforcement by municipal citations and code-enforcement procedures. It also preserves the city's access to other legal remedies, such as seeking an injunction in superior court. Baga noted similar measures have been enacted in other jurisdictions, including Bellingham, Chicago and Washington, D.C.

Council members asked whether the ordinance could be applied retroactively. Baga said the ordinance, as proposed, is not retroactive and that retroactive application raises legal issues that would require separate analysis.

Council action: Council President Kohr read the motion to adopt ordinance number 4523, enacting a new Chapter 10.04 of the Kent municipal code to prohibit restrictive land-use covenants related to grocery, drugstore and pharmacy operations. The committee approved the motion on a voice vote; staff said the item will go forward to the full council that evening for final action.

What the ordinance does not do: It does not, in its current form, apply to covenants already executed before the ordinance's effective date. Baga said any effort to apply the rule retroactively would raise additional legal questions.

Looking ahead: The city attorney's office will provide the ordinance packet to full council and noted the emergency adoption would require unanimity if the council votes to make the ordinance immediately effective.