PDA

View Full Version : SAF/NRA Coalition files suit against Seattle (WA) Parks Gun Ban


Gray Peterson
10-28-2009, 4:49 PM
http://www.reuters.com/article/pressRelease/idUS214708+28-Oct-2009+BW20091028


BELLEVUE, Wash.--(Business Wire)--
The Second Amendment Foundation, National Rifle Association and five local
residents today filed a lawsuit challenging a new Seattle parks regulation that
bans firearms, arguing that the ban violates Washington State`s long-standing
preemption statute. They are joined by the Citizens Committee for the Right to Keep
and Bear Arms and the Washington Arms Collectors.

The lawsuit was filed in King County Superior Court names the City of Seattle,
Mayor Greg Nickels and Timothy Gallagher, superintendent of Parks and
Recreation, as defendants. Plaintiffs are represented by Seattle attorney Steve
Fogg with the Seattle law firm of Corr, Cronin, Michelson, Baumgardner & Preece LLC.

"This ban violates Washington`s 26-year-old model preemption statute," noted SAF
Executive Vice President Alan M. Gottlieb. "The ban makes it impossible, under threat
of criminal trespass penalty, to lawfully carry firearms for the protection of spouses,
partners and children on public property where these citizens have a right to be.
We are once again delighted to be joined by the NRA in this action. Our successful
collaborations in the past stopped illegal gun confiscations in New Orleans following
Hurricane Katrina, and nullified an illegal gun ban in the City of San Francisco."

Individual plaintiffs in the case are:

Winnie Chan, a Department of Corrections employee who lives and works in West Seattle.
When she is not on-duty, she often carries her personal concealed handgun, particularly
when she is going to be in unfamiliar locations, out late at night, or in large/crowded places.
(DOC policy prohibits her from carrying her state-issued firearm when she is off-duty, and
therefore she owns a personal firearm.) She is concerned that people she has encountered
on the job may be disgruntled and pose a threat to her safety. She sometimes visits Lincoln
Park for recreation, and she has seen a sign prohibiting firearms there.

Ray Carter, also a West Seattle resident employed as a car salesman at MC Electric Vehicles in Seattle.
He is active in the gay community; he co-chaired the Pride Parade in the mid-1990s and founded the
Seattle Chapter of Pink Pistols/Cease Fear. He has testified in Olympia and at City Hall regarding gun
bans. The Seattle Weekly wrote an article about Ray in June 2000 entitled "Gays and Guns." He carries
his concealed pistol any place where it is legal, and he believes this is necessary because he is susceptible
to hate-related crimes. Ray sometimes visits Lincoln Park and Alki Beach, and he states that he has seen
signs prohibiting firearms at those locations.

Gary Goedecke, owner and proprietor of Pikeplace Marketwear, a 35-year old business at
Pike Place Market. A Bothell resident, he has been actively involved with the Pike Place Market
for years. Gary is an avid gun owner and carries a concealed pistol wherever he can. Gary
notes that Steinbrook Park is directly adjacent to the Market and is a very dangerous place;
he fears for the safety of his wife (who also works at the Market) and his employees.

Gray Peterson, who often visits Seattle parks facilities with his domestic
partner. Active in the Seattle-area gay community, Peterson is licensed to carry a concealed
firearm and does so where it is lawfully permitted because of concerns that he is susceptible
to becoming a victim of hate-related crimes. Signs have been posted at some of his favorite
parks that prohibit firearms possession.

Robert Kennar, a Department of Corrections employee and resident of Federal Way. He frequently
works in Seattle and visits parks and recreation facilities. Kennar has been a crime victim and he
often observes criminal activity in Seattle. He is licensed to carry a concealed handgun and always
carries his personal firearm when not on duty where he is permitted to do so. He is concerned about
retaliation from people he encounters in his line of work. Kennar enjoys visiting Seattle parks, but one
of his favorite parks now displays a sign prohibiting firearms.

"This ban affects the rights of all Washington citizens who may visit Seattle parks property and recreation
facilities, and especially thousands of Seattle gun owners, many of whom are members of both
organizations," Gottlieb stated. "It essentially impairs the right of law-abiding citizens to bear arms for
personal protection, which is explicitly protected by Article 1, Section 24 of the state constitution."

Washington State Attorney General Rob McKenna has issued an opinion that the ban is illegal. Under
provisions of the ban, legally-armed citizens face arrest for criminal trespass if they enter park property.

"The parks ban is a going-away gift of sour grapes from ousted Mayor Greg Nickels to the
citizens of Seattle," Gottlieb observed. "He is leaving a mess for his successor, and the taxpayers who rejected his third term bid, to clean up."

The Second Amendment Foundation (www.saf.org) is the nation`s oldest and
largest tax-exempt education, research, publishing and legal action group focusing on the
Constitutional right and heritage to privately own and possess firearms.

Founded in 1974, The Foundation has grown to more than 600,000 members and supporters
and conducts many programs designed to better inform the public about the consequences of
gun control.

Second Amendment Foundation
Alan Gottlieb, 425-454-7012

wildhawker
10-28-2009, 4:55 PM
Well done, Gray.

Thanks for (once again) putting yourself out there for all of us.

bwiese
10-28-2009, 5:21 PM
Thanks, Gray!

bulgron
10-28-2009, 5:33 PM
I can't tell from the descriptions of the plaintiffs, but do these lawsuits ever include white, straight, middle-aged, normal, ordinary men who are not prison guards? I mean, I wouldn't want the lawsuits to have only average joes, but every once in a while it would be nice to see my peeps represented.

Hey, we're people too, you know.

G17GUY
10-28-2009, 6:26 PM
I can't tell from the descriptions of the plaintiffs, but do these lawsuits ever include white, straight, middle-aged, normal, ordinary men who are not prison guards? I mean, I wouldn't want the lawsuits to have only average joes, but every once in a while it would be nice to see my peeps represented.

Hey, we're people too, you know.

We are just crazy white guys with guns.

Liberty1
10-28-2009, 6:33 PM
I can't tell from the descriptions of the plaintiffs, but do these lawsuits ever include white, straight, middle-aged, normal, ordinary men who are not prison guards? I mean, I wouldn't want the lawsuits to have only average joes, but every once in a while it would be nice to see my peeps represented.

Hey, we're people too, you know.

Ever heard of Dick Heller? :p

CaliforniaCarry
10-28-2009, 7:27 PM
We are just crazy white guys with guns.

Like it or not, that is the perception. Oh, we're also obese and live in trailer parks ;)

Due to said perception, and because this is a heated, emotional issue for many people, it's almost always better to go with a female or minority plaintiff when possible. We have to appeal to the other side of emotion.

"I'm a female and don't want to be attacked by a big scary man" simply appeals to the emotion of the general populace more than "I'm a middle-aged white guy who wants to assert my rights."

Gray Peterson
10-28-2009, 7:44 PM
Like it or not, that is the perception. Oh, we're also obese and live in trailer parks ;)

Due to said perception, and because this is a heated, emotional issue for many people, it's almost always better to go with a female or minority plaintiff when possible. We have to appeal to the other side of emotion.

"I'm a female and don't want to be attacked by a big scary man" simply appeals to the emotion of the general populace more than "I'm a middle-aged white guy who wants to assert my rights."

That is essentially the reason why this was done. Winnie Chan is pretty obviously a woman who is a minority. Carter and myself are gay men. One of them is a business owner who has a location in Pike Place Market.

As for Heller, I can say due to Mr. Heller's most recent escapades (tin foil hat and black helicopter crowd stuff) that it would have definitely been preferable if Shelly Parker had been the one to apply for the registration and be denied, versus Dick Heller. She's black, Heller is white.

Otis McDonald is also a great example.

http://newsrealblog.files.wordpress.com/2009/10/gunban640.jpg

I can't imagine anyone better to deal with as the face of the incorporation battle than Otis McDonald.

Sykes v. McGiness, and Sykes is a lesbian.

Palmer v. District of Columbia (DC carry), and Palmer is a gay man.

Pena v. Cid..Pena is hispanic (IIRC).

You see the correlation?

KylaGWolf
10-28-2009, 7:55 PM
Gray thank you again for all your doing in your state.

RRangel
10-28-2009, 8:11 PM
This is awesome. One more suit against an unjust law that must go. I wish Gray Peterson and the rest all the luck in the world on this one, but they probably don't need it, and may this be short lived so that justice is served quickly.

This is also a good time to remind people that this is why our donations are important.

Now if only we could get incorporation in this state sooner.

madmike
10-28-2009, 8:36 PM
Go get 'em! Best of luck with your case!

-madmike.

MP301
10-29-2009, 3:53 PM
Hey, what Heller escapades are you refering to? What did I miss?

That is essentially the reason why this was done. Winnie Chan is pretty obviously a woman who is a minority. Carter and myself are gay men. One of them is a business owner who has a location in Pike Place Market.

As for Heller, I can say due to Mr. Heller's most recent escapades (tin foil hat and black helicopter crowd stuff) that it would have definitely been preferable if Shelly Parker had been the one to apply for the registration and be denied, versus Dick Heller. She's black, Heller is white.

Otis McDonald is also a great example.

http://newsrealblog.files.wordpress.com/2009/10/gunban640.jpg

I can't imagine anyone better to deal with as the face of the incorporation battle than Otis McDonald.

Sykes v. McGiness, and Sykes is a lesbian.

Palmer v. District of Columbia (DC carry), and Palmer is a gay man.

Pena v. Cid..Pena is hispanic (IIRC).

You see the correlation?

Sheepdog1968
10-29-2009, 4:05 PM
FWIW, Nickles lost his re-election bid over this and a similar ban he proposed in Seattle despite an opinion letter from state attorney general telling him he couldn't do it. Read that bit in the WA state gun newsletter WACOS when visiting friends.

Super Spy
10-29-2009, 4:36 PM
Great News that this worthwhile cause is being pursued. I have friends and family in WA. My Mom and her boyfriend are both CCW holders in WA.

7x57
10-29-2009, 4:54 PM
Hey, we're people too, you know.

Don't cross issues. Your point is that, presumably, that this is more or less proof that you do not have due process and equal protection. Fine. Remember that when you vote.

But for this fight, we use whatever prejudice and bigotry exists to best strategic advantage. The rights belong to all, and we can't afford to risk them by crossing issues. Whatever weaknesses the rigged anti-gun system has, we use.

And yeah, Mr. McDonald is a fine representative for us. In fact, as I'm *not* required by law not to know the color of a man's skin as (I claim) the government is, I'd probably do the same and choose a black man to front a case where we're asking the Supreme Court to reconsider the P&I clause and eliminate the legal foundation for segregation.

Not so much for the reasons the left might do this, though I might actually see eye-to-eye with them on this one issue--I'd do it for reasons of symmetry and poetics. Since the freed and then disarmed slaves killed by the original KKK do not seem to have standing, an upstanding elderly black man living in a neighborhood where he can expect no useful police protection is the right man to represent this case purely on aesthetics and symmetry.

Sometimes, even aesthetics can be a moral principle. At least just this once. :D

7x57 is in a whimsical mood this evening