Outgoing Seattle Mayor Greg Nickels yesterday (Oct. 14) made it official: He announced that city park properties will be posted off limits to firearms, even those guns that are legally carried by law-abiding citizens.
Public reaction to the move has been overwhelmingly negative, much the same as it was during the public comment period that ended Oct. 4. KOMO's Ken Schram is not pleased with Nickels, either. I wrote about public reaction here, and was not surprised that Bob Scales, senior policy analyst for the city’s Office of Policy and Management, somewhat dismissed the huge negative reaction in a remark to SeattlePostGlobe.org because “65% of the comments were from outside Seattle.”
Scales, reached by the PostGlobe, noted those numbers were essentially correct. But he noted "65% of the comments were from outside. We got a lot of negative comments after the NRA posted a link to our comment page on their website." Seattle
So what? Don’t people from outside Seattle have a voice? After all, many of them may work in the city, many more may visit and will be directly affected, especially if they come to participate in, or watch, athletic events at these park facilities, or simply enjoy a day in the park.
It was disappointing to read in Kery Murakami’s PostGlobe report this morning that Scales – reacting to the figures published in this space the other day – said those numbers were essentially correct.
Not “essentially correct,” they are correct, as supplied by Bob via e-mail and confirmed in a telephone conversation. That’s like stating that “Bob and Kery are essentially nice guys…even though 65% of the people who think so are not related to them.”
It has been widely reported in this space and elsewhere that Attorney General Rob McKenna has advised Mayor Nickels that this ban would be illegal under state statute.
That brings up a serious question:
Knowing that the Attorney General has advised that this gun ban is illegal, are Seattle police officers going to enforce the ban?
This might fall under a legal term: Acting under color of law. According to a couple of websites here and here, this is a crime when it involves depriving someone of their civil rights protected by the Constitution or U.S. law. It is not clear how this shakes out legally, if police enforce a local regulation that is not even adopted in the form of an ordinance, which the Attorney General has already said is illegal.
The Ninth U.S. Circuit Court of Appeals ruled earlier this year that the Second Amendment applies to the states. That ruling is now “on hold” while the Ninth Circuit mulls the question once again, and while the U.S. Supreme Court waits to consider a challenge to the Chicago handgun ban, McDonald v. City of Chicago, a lawsuit filed by the Second Amendment Foundation and Illinois State Rifle Association, and four Chicago residents. That case could result in incorporation of the Second Amendment to the states.
The conduct of a police officer, judge, or another person clothed with governmental authority that, although it superficially appears to be within the individual’s lawful power, is actually in contravention of the law. For example, a police officer who makes a false arrest while on duty, or while off duty but when they are wearing a uniform or badge, is acting under color of law.
Meanwhile, a group of local open carry activists – open carry is legal in Washington State – are discussing a possible protest at a Seattle city park.
The Bellevue-based Second Amendment Foundation and its sister organization, the Citizens Committee for the Right to Keep and Bear Arms, have promised to sue. Other gun rights organizations will likely join that lawsuit.
Mayor Nickels is on his way out of office. His excuse that this is being done to protect children is both boilerplate and lame. Seattle residents must be wondering what is really behind this 11th hour posturing that could cost them many thousands of dollars that the city does not have to waste on frivolous political actions. The Seattle Weekly is asking both of the men seeking to succeed Nickels how they feel about the ban.
Update!!!
(Posted @ 11:08 a.m.)
The Seattle Gun Rights Examiner spoke with Sgt. Rich O’Neill, president of the Seattle Police Officer’s Guild, who observed that “This is…totally worthless,” and he recognized the questionable legality of the gun ban.
“Do you really think a criminal element is going to be deterred because someone put up a sign,” he questioned. “Rank and file officers just shake their heads at this. Law-abiding people are the only ones affected. The criminal element is going to totally ignore it.”
He said anyone who violates the regulation and is subsequently contacted by police could be taken into custody, transported to a police station, interviewed there and released. Seattle police officers do not issue citations for trespass violations, he noted, so people willfully violating the ban will be taken away.
However, he said it is important to keep this in perspective, and not escalate any confrontation into a charge of resisting arrest or something more serious. O’Neill urges everyone to keep a cool head.
“Officers,” he acknowledged, “will be very reluctant to answer such calls.”
A 30-year-veteran of the Seattle Police Department, O’Neill summed up the ban: “It’s not going to protect anyone.”
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Comments
It will be interesting to see if the violent crime numbers in Seattle city parks actually decreases or increases or remains the same. I guess if only outlaws have guns in city parks, I'll keep my family at home, thanks. One more reason to not visit the city.
We saw this on the news last night, and I I told my wife that I couldn't believe he actually went through with it. I was so freakin' excited that he really went through with it.
Now, let me preface this by saying that, I'm so freakin' excited about the fact that this will get its Day in Court, probably a Circuit Court hearing & if Chicago doesn't beat us to the punch (which they will) maybe even all the way to the Supreme Court.
THEN, there will be a rock-solid judicial Precedent set binding all of the MAIGers left-hand behind their back and punching themselves in their own face with their right, while the right fist is screaming "I TOLD YOU SO"...
So, yeah, I'm freakin' excited about this latest turn of events, and in fact, relish every opportunity to see unlawful laws, ordinances, and other rubbish over-turned ex-post-haste!
Go Nichols, oh yeah, It's Your Birthday, You're a Rockstar... :-)
Good column and I'd urge people to write about this issue on the Weekly website and to the Seattle Times and other places. Besides being wrong it is merely posturing by Nickels and, as pointed out, a huge waste of tax dollars.
I would hope there is some way to make Nickels personally responsible for the waste of taxpayer funds defending this outrageous act. When he has to pay the legal and court fees, perhaps he'll learn to not violate state law and individual rights.
If I was the City, I would sue Nichols personally for the costs the city will incur, for applying a Personal agenda while using City resources inappropriately.
Who do you know that could look that up? Is there a precedent for that, to recover expense that the Mayor of a city used for Personal gain? There should be no 'executive privilege' for Mayors in the US. They need to be accountable for acting and executing their official duties in compliance with the law and without compromising the integrity or the honor of the office.
[sarcasm]
Who do you know that could write the screen-play better than Shakespeare himself for such a failure in EPIC proportions...it could be titled "Bloomberg & Nichols Are Dead, A Tale of Two Mayors Swept into the Dustpins of History!"
[/sarcasm]
Let all the MAIGers play their cards, show their hands and push the people, and in the words of Dear Leader PBO, "When someone pushes you, you push back TWICE as hard!" If it works in Chicago, why not here?
Unfortunately, the mayor can not and will not be held personally accountable. Nickels wil be long gone and using this "brave stand against violence" as credentials for his next career working for one of the gun-banning organizations.
Meanwhile, Seattle tax-payors will be held accountable for the millions of dollars shoveled into the pockets of lawyers to unsuccesfully defend this idiocratic policy.
It has been said so often it has become a cliche, but those predatory sociopaths that would perpetrate criminal violence on the rest of us will not pay any attention to the signs.
It is likely that those of us who value our safety and that of our loved ones won't either.
There is no penalty for civil disobedience of this policy beyond a request to leave or be sited for tresspass. Moreover, it is completely unenforceable absent controlled ingess nd egress with metal detectors.
This will have no effect, other than the cost to taxpayers for Nickels final insult to us all.
On a secondary note, is this the same Bob Scales that is running for city councilman on Bainbridge Island? Maybe all you BI voters ought to think twice on whom you put in office and vote for someone more responsible like I am going to do.
Oh, c'mon. We know why he did this. Two birds with one stone. He takes a smack at gunowners whom he hates, and then he sets up the citizens of Seattle for a huge lawsuit settlement because they rejected him and now he hates them too.
The last comment about being charged with resisting arrest is interesting, since technically they are not allowed to arrest you for this.
Hi FATBOY! As a retired law enforcement officer, and having passed my latest firearm qualification test for ANOTHER year, under FEDERAL statutes, I CAN.. CARRY ANYWHERE!!!! Not withstanding any of your pantywaist rules, FATBOY!I am serving notice to you that WE will all be visiting your area with loaded weapons openly or concealed! You and your city could be subject to personal law suit and /or criminal statutes under Ti.18 Sec. 241, and 242 USC. Ti. 1001 for making a false statment in taking your oath TO SUPPORT AND DEFEND THE CONSTITUTION(including the second amendment), Ti.42, Sec.1983. Ti.28 Sec1331, Yes this will be for more than $10,000! You will know me, because if asked if I have a 'weapon' I will take the FIFTH amendment!If arrested, GOD HELP YOU OR ANY OF YOUR LEO-s. Have a happy retirement? I am looking forward to owning everything YOU USED TO OWN!!!!
Good article Dave! This is gonna be very, very interesting.
So we teach the kids to follow the law by having our elected officials break the law:
Nickels and his illegal gun ban
Bloomberg and his conspiracy to commit felonies in his "sting" operations
Amazing.....
Another public official confidently, BRAZENLY, ARROGANTLY, publicly, and proudly defies the United States AND the Washington State Constitutions and tries to restrict the freedoms and rights of the people he was elected to serve and protect and then himself becomes a lawbreaker, as NW Shooter points out. This shows just how far this country has fallen and just how serious the danger to liberty has become from lawless tyrants and the people who support or tolerate them.
Truly a shame. How in the world is this possible? How has it come to this? How can so many people know what is right and not be able to do a dang thing about it without having to go through alot of red tape and waste who knows how much money of the tax payers to TRY and get some sort of justice? This crap has got to stop! I live no where near Washington State, but this really chaps my ass. He knows it is illegal, yet, he still proceeds. That alone should constitute a felony offense. But, like I said, it will have to get through alot of red tape and waste too much money. GOD this makes me so mad, you don't even know.
If the States Attorney had any guts Nickels would already be indicted. But one thing they all do is protect each other, regardless of party, because they do not want to be held accountable should they be caught out at a later date. It's a lot like the sex practice of 68, "now you owe me one".
How does an elected official get away with this, especially when he has been told by the state AG that his actions are illegal?!? My guess is he is posturing for a position in Washington DC in the Obama adminstration. God help him if he is ever in a position where he needs a CCW gunowner to save his bacon.......
What do you all expect from a Nazi?. The enemy is in there logos like Microsoft's swastika cnn 666 the Hardin collider portal with 666 logo. Obama too has used the symbol of the blazing sun. He’s a 32nd degree Prince Hall Mason, didn’t you know?. Many esoteric researchers affirm that the name Is-Ra-El is the combination of the names of ancient pagan deities Isis, Ra and El.
Welcome to Atlantis? Formidably the USA.
vigilantcitizen.com
www.freemantv.com
You are a moron.
To Mayor Nickels: Sic Semper Tyrannis!
Yes, Mayor I do know and support the historical meaning of those Latin words.
Both my husband and I work in Seattle, we buy stuff in Seattle, we pay office rent in Seattle, we go out to eat in Seattle, etc.
OUR VOICES DON'T COUNT?
Sign me up for the lawsuit, because I also CARRY in Seattle.
Rachel H:
Please contact me at the SAF office in Bellevue. www.saf.org
Discounting the negative comments because 65% were from outside Seattle is a textbook example of innumeracy. According to one of the articles linked above, the comments were running 96% against the ban. Eliminating the alledged 65% from outside Seattle adjusts the count from 96 no; 4 yes to 34 no; 4 yes. The latter numbers now represents and adjusted statistic of 89% against the ban.
That was somewhere around fourth grade arithmetic when I was going through school.
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