• 2025-06-01

    The Gift of Public Funds Bogeyman

    ★ 32
    This 2025 Washington Law Review article argues that Washington State's 'gift of public funds' doctrine—which prohibits governments from giving away public assets—is widely misunderstood and far less restrictive than most officials believe. The authors, both attorneys in Washington's Solicitor General's Office, explain that modern court interpretations allow governments broad flexibility to fund programs serving legitimate public purposes, and note that no appellate court has struck down any government program under this doctrine in the past 45 years. The article urges public officials and lawyers to stop letting unfounded fears about this doctrine block innovative policy solutions to problems like homelessness, childcare, and climate change.