The city council approved new legislation allowing shuttered grocery stores in Seattle to be replaced with another grocery chain, blocking efforts to prevent competition and improve food access.
This ordinance, unanimously approved by the council on Tuesday, responds to the October closure of a Fred Meyer in north Seattle and a Whole Foods market on Capitol Hill. The goal is to ensure people have access to at least one nearby grocery store and pharmacy.
“The closure of the Fred Meyer on Lake City Way has had a tremendous impact on our community, as well as the closing of Bartell’s, a Walgreens, a Starbucks and numerous small businesses,” City Councilmember Debora Juarez explained. “Lake City is desperately trying to come back and hopefully not find ourselves being a ghost town.”
Kroger cited theft as a reason for closing the grocery store in Lake City, and another one in Kent.
“There is a food desert on that side of town,” Councilmember Maritza Rivera added. Her constituents in district 4 are also impacted by the recent Fred Meyer closure. “As we lose grocery stores, we ensure there isn’t an opportunity to leave out other grocery stores that might want to come in, including small bodegas, which are also grocery stores, that can go into those spaces.”
The legislation means the owner of a closed grocery store, like the Fred Meyer, could not block a competing chain from opening in the same location, which has been an allowed practice in Seattle in the past.
“My proposed budget increases the City’s food investments by 20%, however, affordable food and medicine are inaccessible for too many Seattleites. When a company closes a grocery store or pharmacy, they can add a restrictive covenant into a property’s deed or lease that blocks a new grocery or pharmacy from locating at the same place,” Mayor Harrell stated in a press release. “They do this to block competitors, and these actions harm neighborhoods and contribute to grocery and pharmacy deserts. Our legislation will make these restrictive covenants illegal in Seattle.”
This comes as many Seattle neighborhoods have only one full-service grocery store that would lead to a food desert if closed.
Janice Athill, who lives two blocks away from the Lake City Fred Meyer and still charges her electric vehicle in the parking lot, says she now has to drive 15 minutes to get groceries and medication in Shoreline.
“We just came from a doctor’s appointment, and they asked what my preferred pharmacy was, and I was like, ‘Oh yeah, they just closed, so now I have to choose a different one that’s going to be further away,'” Athill explained. “I hope someone buys [the Fred Meyer] and puts another one here so that it’s not so much work for me to come and grab what I need.”
The legislation declares a public health emergency due to the recent number of store closures. This ordinance is in effect for one year while the city council works on a long-term solution.
People wanting to give feedback to the city council about the issue of food deserts will have the chance at a public hearing on December 2.
The new law has exceptions and would not impact negative use agreements already imposed before this ordinance went into effect on October 28. It also does not apply to a grocery store or pharmacy owner/operator that relocates within one half-mile of the discontinued site and within one year of the closure. The last exception is for properties with negative use restrictions that do not exceed three years.
The unanimous council approval demonstrates rare political consensus where progressive and moderate members agreed that restrictive covenants harm neighborhoods, transcending typical ideological divisions over business regulation.
The October timing of Fred Meyer and Whole Foods closures created immediate crisis that accelerated legislative response, with the simultaneous loss of multiple grocery anchors generating constituent pressure demanding rapid action.
Debora Juarez’s characterization of Lake City as “desperately trying to come back” and fearing “ghost town” status reflects the neighborhood’s economic fragility where retail closures cascade as foot traffic declines and remaining businesses struggle.
The Bartell’s, Walgreens, Starbucks, and “numerous small businesses” closures Juarez cited demonstrate how major anchor store departures trigger broader commercial district collapse as customers shop elsewhere and property values decline.
Kroger’s theft citation for closing Lake City and Kent Fred Meyer locations reflects retail industry narrative blaming organized crime for store closures, though critics argue companies use theft as cover for underperforming locations they planned to shutter regardless.
Maritza Rivera’s emphasis on “small bodegas, which are also grocery stores” acknowledges that food access solutions extend beyond major chains to include ethnic markets and corner stores that serve immigrant communities with culturally appropriate products.
The restrictive covenant practice where closing companies block competitor openings represents anti-competitive behavior prioritizing corporate market control over community needs, a legal tactic the ordinance now prohibits.
Mayor Harrell’s 20% food investment budget increase alongside the anti-covenant legislation demonstrates two-pronged approach combining direct food assistance with structural market reforms addressing access barriers.
The restrictive covenant insertion into property deeds or leases creates long-term barriers surviving ownership changes, requiring sophisticated legal review by prospective grocery tenants to discover hidden restrictions before signing leases.
The “grocery and pharmacy deserts” terminology frames access issues as public health crises rather than mere inconveniences, elevating political urgency and justifying emergency declarations that expedite legislative processes.
The many Seattle neighborhoods with only one full-service grocery store vulnerability means single closures immediately create food deserts, unlike denser urban cores where multiple stores provide redundancy.
Janice Athill’s two-block proximity to the closed Fred Meyer while now driving 15 minutes to Shoreline illustrates how sudden grocery closures force car-dependent shopping trips that burden low-income residents without vehicles.
The electric vehicle charging in the Fred Meyer parking lot detail suggests Athill maintains routine connections to the site despite the store’s closure, with charging infrastructure providing tangential reason to visit the location.
The pharmacy closure forcing Athill to choose a “different one that’s going to be further away” compounds food access problems with medication access barriers, particularly impacting elderly residents managing chronic conditions requiring regular prescription refills.
The public health emergency declaration provides legal justification for the one-year emergency ordinance, though the designation’s accuracy remains debatable given that food deserts developed gradually rather than constituting sudden health crises.
The one-year temporary status while developing long-term solutions suggests council members recognize the emergency ordinance’s limitations and need for comprehensive food access strategies addressing root causes beyond restrictive covenants.
The December 2 public hearing provides community input opportunity, though holding the hearing after the ordinance’s October 28 effective date means public feedback cannot influence the emergency measure but may shape permanent legislation.
The exception for negative use agreements predating October 28 protects existing contracts from retroactive invalidation, preventing legal challenges based on ex post facto application of new restrictions to prior agreements.
The half-mile relocation exception acknowledges legitimate business interests where companies closing one store while opening another nearby deserve protection from immediate competitors occupying the vacated space and capturing relocated customers.
The one-year relocation timeline and three-year maximum restriction duration balance business interests against community needs, allowing temporary competitive protection while preventing permanent food desert creation.
