Update: Judge shoots down Seattle Parks gun ban

KING5.com reports that the gun ban in certain Seattle Parks facilities has been overturned by a local judge. The case in which the ruling was made is NOT the one filed by the Kent man who invited media to come see him walk into Southwest Community Center with a concealed weapon last November (here’s our coverage), but that man – Bob Warden – has sent out a news release pointing out this afternoon’s ruling. We asked the City Attorney’s Office for its reaction; spokesperson Kathy Mulady has just sent this short statement – “”We will comply with the court order and we are weighing with our clients the options for an appeal.” (By “clients,” she says, they mean the mayor and City Council.) The park gun ban was ordered by former Mayor Greg Nickels last October; one of the first signs seen around the city was the one in the photo at left, shared with us by Hillary and shown here 10/21/09. 7:43 PM UPDATE: We’ve been away from the desk for a little while, and more reaction’s come in, in the meantime. From Mayor Mike McGinn:

“I am disappointed in today’s ruling. Cities should have the right to restrict guns in playgrounds, pools and community centers where children are present. The court’s ruling was based on a state law, RCW 9.41.290, which preempts Seattle from regulating the possession of firearms. It’s time for the state Legislature to change that law.”

8:12 PM: We also have a copy of the judge’s order, courtesy of the City Attorney’s Office. You can see the three-page order here. We are reminded, looking at the plaintiffs’ names, that two of them – Winnie Chan and Ray Carterwere described last fall as West Seattle residents.

39 Replies to "Update: Judge shoots down Seattle Parks gun ban"

  • Kevin February 12, 2010 (5:17 pm)

    Thanks for wasting money on this, Nickels. I’m not sure what good any of this accomplished.

  • Chuck and Sally's Van Man February 12, 2010 (5:17 pm)

    What a colossal waste of tax payer money. The court battle. The expense of installing the signs. The probable appeals and the ultimate removal of the signs. Thanks Mayor McCheese for your arrogance and thumbing your nose at state law, the cost of which now has to come out of our pockets. All for the illusion that signs make us safer. *ss.

    Chuck

  • bob February 12, 2010 (5:29 pm)

    Not with a bang, but a whine…goodbye Mr. Nichols.

  • John February 12, 2010 (5:44 pm)

    First Starbucks, now this! Oh, no, what is this world coming to?!? Surely we don’t law abiding citizens to be able to protect themselves against violent crime do we? Isn’t that what city employed security firms are for?

    Oh, wait, we pay them to “observe and report”, my bad.

  • Randall February 12, 2010 (5:48 pm)

    Guns in parks. Yay! Just what a good park needs: guns! Yippee! Bring your kids to the park to see people exercise constitutional rights? Why? We don’t know, but LOOK guns! Whee!

  • Jeff February 12, 2010 (5:53 pm)

    I bet criminals care just as much about the ban ending as they did when it was put into place.

  • Whitney February 12, 2010 (6:08 pm)

    Why I Have a Gun

    My old grandpa said to me, “Son, there comes a time in every man’s
    life when he stops bustin’ knuckles and starts bustin’ caps and
    usually it’s when he becomes too old to take an ass whoopin’.”

    I don’t have a gun to kill people. I have a gun to keep from being killed.

    I don’t have a gun to scare people. I have a gun because sometimes this world can be a scary place.

    I don’t have a gun because I’m paranoid. I have a gun because there are real threats in the world.

    I don’t have a gun because I’m evil. I have a gun because I have lived long enough to see the evil in the world.

    I don’t have a gun because I hate the government. I have a gun because I understand the limitations of government.

    I don’t have a gun because I’m angry. I have a gun so that I don’t have to spend the rest of my life hating myself for failing to be prepared.

    I don’t have a gun because I want to shoot someone. I have a gun because I want to die at a ripe old age in my bed, and not on a sidewalk somewhere tomorrow afternoon.

    I don’t have a gun because I’m a cowboy. I have a gun because, when I die and go to Heaven, I want to be a cowboy.

    I don’t have a gun to make me feel like a man. I have a gun because men know how to take care of themselves and the ones they love.

    I don’t have a gun because I feel inadequate. I have a gun because unarmed and facing three armed thugs, I am inadequate.

    I don’t have a gun because I love it. I have a gun because I love life and the people who make it meaningful to me.

    “Police Protection” is an oxymoron. Free citizens must protect themselves. Police do not protect you from crime; they usually just investigate the crime after it happens and then call someone in to clean up the mess.

    Personally, I carry a gun because I’m too young to die and too old to take an ass whoopin’.

  • rob February 12, 2010 (6:21 pm)

    does anyone else find it really funny that the city attorney’s office refers to the mayor and city council as their clients?

  • John February 12, 2010 (6:22 pm)

    “I bet criminals care just as much about the ban ending as they did when it was put into place.”

    Actually, they might just care more now. Never know, maybe mom might just shoot back now.

  • rob February 12, 2010 (6:30 pm)

    so this is something that really irks me about newspapers on the internet…
    .
    i may just be really tired but i could swear when i first jumped over to seattle-pi.com to see their reporting on this there was an article that had a pretty substantial reference to the bob warden case (which this was not), and now if you look it is simply a link to the komo story which wasn’t screwed up in the first place.
    .
    did they really mess it up and then just delete their off-target article without saying anything?
    .
    it seems like corrections aren’t actually ethical if you don’t acknowledge you made a mistake in the first place.
    .
    kinda like having a party while your parents are away and cleaning it up really well before they get home so they won’t know it happened.

  • shane February 12, 2010 (6:37 pm)

    Most of the original reports did say it was the Warden case when I first read them, and are slowly being corrected. Guess everyone was in a hurry to get the story up first and could only remember Warden.

    • WSB February 12, 2010 (7:33 pm)

      That’s because his news release was the first word, apparently – it was timestamped 4:15 in my e=mail but I didn’t see it right away, saw a tweet and checked in with our partners at the Times to see if it was a story they were working. I didn’t see any reason to put his photo up again since it wasn’t his case. We’ve been out for a couple hours but I have some docs from the city that I’ll be adding to the story – TR

  • shane February 12, 2010 (6:39 pm)

    Oh, and one of the reports actually had that picture of Warden that was so popular when he first filed the suit.

  • rob February 12, 2010 (6:41 pm)

    what do the kids say these days?
    .
    FAIL

  • Cliff February 12, 2010 (6:42 pm)

    I guess guns are less dangerous than cigarettes.

  • Leroniusmonkfish February 12, 2010 (6:49 pm)

    This just makes me want to spit!

  • Davidicus February 12, 2010 (6:51 pm)

    In the year since the Washington DC gun ban was found unconstitutional, firearms sales have skyrocketed and the firearm murder rate has dropped by more than 25%. Gee. The libs told us that there would be carnage.

    The police have no obligation to protect you, the bad guys will always have guns and they do not recognize those nifty “Firearms Prohibited” signs.

    Legislators that pass local laws that violate pre-emptive state law should be thrown out. What a monumental waste of scarce taxpayer money in pursuit of a naive policy that endangers the public.

  • kg February 12, 2010 (9:00 pm)

    Does this mean all of the parks are going to look like Mogadishu tomorrow?

  • Justice Marshall February 12, 2010 (9:56 pm)

    Wait till the Federal Case is done, when you live in the State of Washington, and your given clear notice from the Attorney General of the State of Washington, you might just be going to jail, in tow of a U.S. Marshall?

    18 U.S.C. 241

    The power to tax, is the power to destroy
    Justice Marshall

    It’s a Nickles Family Tradition, remember Nickles Jr, with less than a Nickles worth of brains robbing that Nooksack Casino?

    Oh but wait, that 4th grade reading comprehension class, was a difficult subject matter, when you have a Nickles worth of Brains!

  • Justice Marshall February 12, 2010 (10:08 pm)

    Of course when your not from Washington, it can be confusing.
    “Firearms stand next in importance to the Constitution itself. They are the people’s liberty teeth keystone… the rifle and the pistol are equally indispensable… more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference. When firearms go, all goes, we need them every hour.” (George Washington, Address to 1st session of Congress)

  • Loren February 12, 2010 (10:21 pm)

    Mayor Idiot and his staff knew this was illegal when the concocted the ban, the Washington AG told them it was illegal and they did it anyway for pointless political posturing.

    Let’s hope that a shred of a clue lands in the current Mayor’s office and they stop wasting time and money on this.

  • Babs February 12, 2010 (10:22 pm)

    Like a gun ban at parks would stop anyone carrying one from entering? No. The signs posted were/are almost a sad humorous reflection on society. I mean really? How was it to be enforced? Common sense “should” rule on park behavior. In the end those who carry guns (lawful or not) will continue to carry them anywhere. Its gun “use” that is the true problem and not just mere possession. Oh yeah, more taxpayer money down the stupid drain on this.

  • Jim February 12, 2010 (11:50 pm)

    Anyone ever been down to the Family Fun Center?
    The next time you are there look closely at the private security. There are armed. Safety is really just an idea it’s not a ‘real’ thing.

    Anyone see the recent 3D movie AVATAR? all the ‘good guys’ with no guns – get wiped out by the ‘bad guys’ who have all the guns.

    If a bad guy wants to snatch up my little girl at a Seattle park… I think it would be great if the said napper ended up taking a bullet for it from a actual good guy; who buy the way, still has the right to defend himself and his neighbors.

    This subject is such a waste of time. “Bad guys” are ALWAYS going to be armed if they want to be.

    Owning a firearm does not automatically make anyone a bad guy.

    I say arm yourselves. Know how to use your weapon. Understand your liabilities & restrictions already on the books in your aria. Understand the Constitution of our United States and the limits anyone can place on your freedom.

    But really — would i bring a firearm to a park full of kids? More than likely not.

  • rob February 13, 2010 (12:09 am)

    dang, her handwriting makes mine look awesome.

  • Leroniusmonkfish February 13, 2010 (3:15 am)

    That’s what happens when you hold a gun for too long.

  • Michael February 13, 2010 (8:19 am)

    Well said, Whitney. Although I don’t think they allow guns in Heaven – you’ll probably only get a lasso. Check with Greg Nickels though, he might sneak in some confiscated ones to protect himself against all the people here that truly hate him.

  • Willie February 13, 2010 (10:04 am)

    No Really where can I buy a keepsake ban sign?

    Long live Liberty

  • homesweethome February 13, 2010 (10:59 am)

    When I moved to Seattle I was warned about hippies with guns…this forum has given me some real insight into that warning. Even Johnny Cash warned about the danger of taking guns to town.

  • jiggers February 13, 2010 (12:47 pm)

    Nickels is/was a bafoon. All the idiots here who thought it was wrong for the guy to protect his rights to bear arms and challenge the ‘no guns in parks law”, you are all_______.

  • OP February 13, 2010 (9:35 pm)

    I love how you liberals whine about the Constitution and the law. It really is amusing! :-) Thanks for the giggles.

  • rob February 14, 2010 (9:55 am)

    Freaking wimps and their guns to pop up their lack of manhood. What you going to do when this double black-belt kicks that gun out of your hand?

    Guns are for the fearful.

    Man up and leave parks and community centers for family enjoyment, not gun practice.

  • rob February 14, 2010 (9:57 am)

    I love how the Conservatives dine on the hard earned benefits of the liberals while making love to your bibles and guns. A bunch of Larry Craigs!

  • kg February 14, 2010 (11:15 am)

    I love how both liberals and conservatives resort to name calling and stereotypes when they don’t get their way.

  • Jeff February 14, 2010 (7:23 pm)

    Or to try and gloat kg, can’t forget that circumstance too :P

  • Phil Dirt February 15, 2010 (8:41 am)

    Hey Rob —- you fancy yourself as some kind of tough guy. Good for you. I’m a wimp, an old one at that. You keep working on that tough guy image. I’ll keep packing my 45— especially when I and the wifey poo visit Lincoln Park. Remember– a 1911 beats 911 every time!

  • José February 16, 2010 (2:20 am)

    Told you so.
    .
    There are hundreds of millions of opinions, but there is only one Constitution – and it says we have the right to bear arms.
    .
    Screw you and your prohibitionist attitudes, libs.

  • Justice Marshall February 19, 2010 (9:44 pm)

    And another ruling, to slap down a few idiots from a city with a Nickles worth of brains.

    “shall not be infringed”

    Incorporation with that Fourteenth, but of course when you can’t read the Second, I’d be sure it would confuse many in Nicklesville.

    http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=821542MAJ

  • Justice Marshall February 19, 2010 (9:48 pm)

    And kung fu fighter, we did man up, President Truman dropped ol’ “little boy” and “Fat Man” on Hiroshima, and Nagasaki?

    Double Black Belts!

  • Karen Foremski March 2, 2010 (5:35 pm)

    Smoking is banned in the public parks of Seattle now…but guns are allowed? I am sure I am not the only person who is scratching my head and saying…’What the !!???’ It is almost hard to believe that such a high level of idiocy can be accomplished naturally without great effort and practice. Guns are bad, guns are made to kill…not to protect. How can a gun in the hands of ‘the bad guy’ be a dangerous threat but in the hands of ‘the good guy’ be meant to protect? It is a gun no matter who is holding it and they are made to shoot bullets to kill. Pretty simple!

Sorry, comment time is over.