SEATTLE - The 2nd Amendment Foundation, the National Rifle Association, and several individuals, including a gay rights activist and a Department of Corrections worker are suing the City of Seattle and Mayor Greg Nickels today. They are demanding the city repeal a controversial new ban on guns in places like parks and community centers.
The individual plaintiffs say they’re suing not just on principal, but because they now "fear for their safety", according to the complaint, which was filed this monring.
The complaint, filed in King County Superior Court, states the city is thumbing its nose at state law which prohibits cities from taking this kind of action.
The complaint states: “The Defendants have ignored these clear legal principles by issuing a city regulation that bans the possession of firearms on certain city properties. Defendants have no right to simply ignore aspects of the law with which they disagree.”
Nickels defended his new rule in a press release about it on October 14.
"When children and families visit a Seattle Parks and Recreation pool, playground, community center or other facility, they are entitled to a reasonable expectation of safety. It’s common sense to prohibit guns in places where kids and young adults play and learn," said Nickels.
The complaint describes why the individual plaintiffs want the ban lifted.
Plaintiff Ray Carter is a gay rights activist who holds a current and valid Washington Concealed Pistol License. The complaint states:
"(Carter) is openly gay and is a past co-chair of the Seattle Pride Parade and a founder of the Seattle Chapter of Pink Pistols/Cease Fear. Mr. Carter always carries a concealed weapon when he is lawfully permitted to do so because he feels that, as an openly gay man, he is susceptible to becoming a victim of hate-related crimes. Mr. Carter enjoys visiting Seattle parks for recreation, as well as Seattle community centers for public meetings. Some of his favorite parks and community centers now display signage prohibiting firearms. Because Mr. Carter fears for his safety, he now refrains from visiting those facilities because he is not able to possess his lawful firearm there under the Firearms Rule."
"I'm a gay man. There's the joy of hate crimes to be anticipated," said Ray Carter. "I (take) it as probably one of the most irrational municipal acts I've run into discriminating, literally engaging in bigotry against one of the most law-abiding groups in the state (licensed gun owners)."
Last year Washington State Attorney General Rob McKenna issued an opinion which found state law preempts local authority to adopt gun regulation. The plaintiffs are demanding the city follow this opinion and want the city ban declared "null and void". They want all signs that are posted declaring the ban immediately removed from city property.
Some reasons cited in the Mayor’s press release indicating why the ban is needed include:
- In June, a group of teen boys flashed a gun at several girls outside of the Alki Community Center.
- In 2004, a woman was shot dead at a Red Cross shelter set up in the Miller Community Center on Capitol Hill.
- Last year a man pulled out a gun at the Folklife Festival at the Seattle Center. Three people were injured when he opened fire.
The plaintiffs are represented by veteran Seattle attorney Steve Fogg, of Corr Cronin Michelson Baumgardner & Preece law firm. He says the case is solid and not one the city should fight.
"This is not a close call. The city is required to follow the law like everyone else. Particularly in these lean economic times, it is irresponsible to spend taxpayer money pursuing regulations that are simply not permitted by state law," said Fogg.
The new city gun ban has become an issue in the current mayoral race. In a KING 5 sponsored mayoral debate aired on October 21st, both candidates weighed in. Candidate Mike McGinn stated he would use city money to fight a lawsuit, such as the one filed today. Candidate Joe Mallahan stated he would not fight such a suit.
KING5 News has placed a call to the Mayor's Office for comment but has not received a reply.
The plaintiffs don't want money. They want an immediate repeal of the ban. But that's not going to happen. Today the city released a statement saying they're going to fight the lawsuit.
City’s Statement on Legal Challenge to Parks Department Gun Policy
The City of Seattle issued the following statement on today’s law suit filed by the National Rifle Association and others challenging the City’s recently adopted policy prohibiting the carrying or display of guns in designated areas of parks where children are likely to be present.
The City's policy was put in place to protect our most vulnerable and defenseless citizens, our children. The City's most important public duty is to protect its citizens from harm, especially when they are visiting City facilities. The City Attorney has secured the services of the Orrick Herrington & Sutcliffe. In order to avoid expense to the City, Orrick Herrington & Sutcliffe has agreed to defend the policy on a pro bono basis.
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