I refer to the article in the Federal Way Mirror dated July 11, 2014, “Judges rule Fred Meyer crosswalk legal school zone.”

Within the article, city officials conceded while the crosswalk is greater than 300 feet from the school boundaries, the school zone is legal under RCW 46.61.440(1) because there is no provision requiring that the school speed zone be within 300 feet of a school boundary. They are absolutely correct, there is no such provision in subsection one. Likewise, there is no provision in the subsection that allows a city to arbitrarily pick a crosswalk and deem it a school speed zone. The provision identifying who has the authority to create the school speed zone and the criteria to be used is contained within RCW 46.61.440(2).

RCW 46.61.440(2) clearly reads: “A county or incorporated city or town may create a school or playground speed zone on a highway bordering a marked school or playground.” There is no provision in either subsection that allows the county or incorporated city or town the authority to create a school speed zone that does not boarder a marked school or playground. Subsection two defines who has the authority and the criteria they must follow. The word “may” in this subsection allows for the choice of creating a speed zone of not, but if created it must be on a highway boarding a marked school or playground.

According to the article, the judges’ finding of fact and conclusions of law determined the crosswalk need not be within 300 feet off a school to be considered a school zone. Emphasizing the word “may” in RCW 46.61.440(2) that a school or playground speed zone may extend 300 feet from the border of the school or playground property, the judges stated it is “logical for the legislature to provide for the creation of different types of speed zones to provide flexibility based upon the geography near the school.”

Well, it may be “logical for the Legislature to provide for the creation of different types of speed zones to provide flexibility based upon the geography near the school,” but they haven’t done it. That flexibility doesn’t exist and the statute isn’t clear.

Keep in mind the judges who ruled the crosswalk a legal school zone are city of Federal Way Municipal Court judges, the city that reaps the benefits from the fines generated by violators of the speed zone. If the Mirror is accurate in quoting the judges’ finding of fact and conclusions of law, their own language references the border of the school or playground property.

In an earlier article, a city spokesman said, “the crosswalk is legally designated by the school district as a safe walking route according to state law.” The logic used in that statement suggested that, if part of a safe walking route, then a speed zone could be established. However, according to state law, school districts do not have the authority to establish safe walking routes at the middle school level and even those established at the elementary level are typically longer than 50 feet in length, which is about the distance of crossing 21st Avenue Southwest.

The city used that excuse to create an unlawful speed zone to generate revenue. If the students safety is truly first and foremost, why then after crossing 21st Avenue Southwest are they dumped out to fend for themselves as they cross about a thousand feet of one of the busiest parking lots in Federal Way?

How many of those  students do you suppose cross 21st Avenue Southwest in that same crosswalk in the evening, on weekends and during the summer without a traffic speed reduction?

J.T. Mast, Federal Way