By Anthony Smith, The Seattle Medium
On Wednesday, Gov. Bob Ferguson signed into law a bill aimed at protecting access to groceries and pharmacies by preventing property restrictions that block new stores from opening in neighborhoods after a grocery store or pharmacy closes. House Bill 2294, sponsored by Rep. Darya Farivar (D-Lake City), prohibits negative use restrictions on property that prevent or limit the use of real estate for a grocery store or pharmacy.
Under current law, private parties can create contracts, leases, deed restrictions, or restrictive covenants that prohibit the use of property for a specific purpose. Seattle, Kent, and Bellingham are among the jurisdictions that currently allow these types of restrictions.
Supporters say the law is intended to help communities maintain access to food and medicine as store closures increasingly leave some neighborhoods without nearby grocery stores or pharmacies. While the bill cannot prevent stores or pharmacies from closing, it prevents restrictive covenants that block another grocery store or pharmacy from opening in the same location after a closure.
During Wednesday’s signing, Ferguson praised the work of Farivar and lawmakers who helped craft the legislation.
“This important bill prohibits land use agreements that prevent another grocery store or pharmacy from opening in the same location after a closure, except under specific circumstances,” Ferguson said. “Independent grocery and convenience stores play an essential role in preventing food deserts and providing access to food and medicine to local communities. We appreciate the leadership of all of the legislators who advocated for this bill, in particular the prime sponsor Rep. Farivar. I am so pleased to sign this bill into law.”
During a public Senate hearing in February, Farivar said she was motivated to move the bill forward after a Fred Meyer store in Lake City closed last fall, leaving community members scrambling to find access to medications, groceries, and household items.
“In Lake City this fall, we lost our only major grocery store and our last standing pharmacy when Fred Meyer closed. It has been truly devastating for my community.” Farivar said.
Farivar said she and her team met with a larger group of stakeholders to develop a plan to address the growing number of store closures in communities considered food deserts.
“The bill is focused on trying to make sure that if a grocery store or pharmacy leaves, they can no longer stop another grocery store or pharmacy from coming into that space and serving that community. I fundamentally believe that at the end of the day your zip code should not determine whether or not you have access to fresh, healthy food. I think this is our first line of defense with so many of these stores closing across our state”
House Bill 2294 will take effect 90 days after the adjournment of the legislative session. Stores that had a restriction in place prior to the enactment of the law will be exempt from the new requirement. The legislation also includes an exception for stores that relocate, as long as the new location is within two miles of the original store and is similar in size.
