Out of 1,098 comments, including the ten telephone calls, only 44 people supported the gun ban idea.

Gun ban at Seattle parks facilities goes into effect
Originally published Wednesday, October 14, 2009 at 2:46 PM

A ban on guns in certain Seattle park facilities, specifically to protect children, went into effect today, according to the mayor's office.

By Seattle Times staff

A ban on guns in certain Seattle park facilities, specifically to protect children, went into effect today, according to the mayor's office.

The move, which has drawn criticism including questions about its legality, affects hundreds of playgrounds, community centers, sports fields, swimming pools and water-play areas.

"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," Mayor Greg Nickels said in a news release. "It's common sense to prohibit guns in places where kids and young adults play and learn."

The gun ban, a new rule by Parks and Recreation, will be in effect only at facilities where signs have been posted, according to to the news release.

Community centers will get the first signs, followed by pools, popular play areas, and ballfields. The mayor's office said all facilities should have the signs by Dec. 1.

The first signs are expected to go up Friday at South Park Community Center, Garfield Community Center and Bitter Lake Community Center

If someone with a gun enters one of the designated facilities, he or she will be asked by parks employees or Seattle police officers to leave. If the person won't leave, he or she could be cited or arrested for criminal trespass, according to the mayor's office.

Nickels has argued that state law does not prohibit a property owner from imposing conditions on possessing firearms on his or her property.

The city's position, Nickels has said, is that a municipal property owner such as Seattle may impose limits on firearms as a condition of entry or use of particular facilities, particularly those where children and youths are likely to be.

State Attorney General Rob McKenna, however, has disagreed.

In a statement released in mid-September, he said he has a history of working to protect children's safety, but "as Mayor Nickels is aware, the Attorney General's Office issued an opinion in 2008, which found that state law pre-empts local authority to adopt firearms regulations, unless specifically authorized by law."

The opinion won't stop Nickels from invoking his ban, said Janelle Guthrie, with the AG's office. However, she said, the opinion could be used if the law is challenged, as gun advocates have vowed to do.

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The facilities that will be covered under the rule include:

• 26 community centers

• Four environmental learning centers

• 10 pools

• 30 wading pools and water play areas

• Two small-craft centers

• Two specialized facilities (tennis center, performing arts center)

• 139 playgrounds and play areas

• 213 ballfields

• Six late-night recreation sites

• Three teen-life centers

• 82 outdoor tennis and basketball courts

• Two skate parks

• Five golf courses

• Nine swimming beaches

Information from The Seattle Times archives is included in this report.

KIRO 7 Coverage Sparks Gun Ban Duel Between Mayoral Candidates

Posted: 6:50 pm PDT October 16, 2009Updated: 9:53 pm PDT October 16, 2009
SEATTLE –– After a KIRO 7 report on Thursday, Seattle mayoral candidate Mike McGinn launched automated phone calls claiming that rival Joe Mallahan is siding with the National Rifle Association to repeal Seattle’s new ban on guns in parks.

In response, Mallahan’s campaign sent an e-mail objecting to the phone calls saying, "Today Joe Mallahan called on his opponent, Mike McGinn, to stop lying to Seattle’s voters and tell the truth about public safety."

McGinn’s campaign sent an e-mail defending their attack on Mallahan, "Being mayor isn't about intentions, it's about making actual policies."

See the e-mail exchange that happened Friday between the campaigns:

In a news release from McGinn:

Mike McGinn's position is clear:

"I support Mayor Nickels’ efforts to ban firearms from parks and public places. There is no reason for people to carry guns in our parks, and tragedies like the Folklife shootings cannot be allowed to occur."
- Mike McGinn, public safety platform, September 14, 2009

Meanwhile, Joe Mallahan no longer supports the gun ban:

Joe Mallahan... signals he won't continue the ban if he's elected mayor... "Far too many guns are carried in Seattle today illegally and I think that's where we really need to focus."
- Essex Porter, KIRO-TV, October 15, 2009

"Joe Mallahan says, while he supports what the mayor is trying to do, he is not certain if this is the right way to do it."
- Tonya Mosely, KING-TV, October 15, 2009

"Joe shares concerns about family safety, especially in public parks, and thinks we should look for additional measures to increase safety," says Mallahan spokesperson Charla Neuman. "He has concerns about whether this is the most pragmatic solution though."
- Caleb Hannan, Seattle Weekly, October 15, 2009

"Pragmatic solution" seems to be Joe's code phrase for ignoring public opinion (See Tunnel, deep-bore).

In response, Mallahan sent this news release:

Joe Mallahan Calls on Mike McGinn to Stop Lying and Stop Playing Political Games with Seattle’s Public Safety

Seattle, Wash. –– Today Joe Mallahan called on his opponent, Mike McGinn, to stop lying to Seattle’s voters and tell the truth about public safety. Mike McGinn paid for telephone calls to Seattle voters with an extreme message about Mallahan’s position on public safety issues that is blatantly false. Then, in a news release to reporters, he pretends his message is something else and refuses to reveal the text of his robocalls. Mike McGinn is playing shady politics in a city that expects more from their next mayor than that.

Statement from Joe Mallahan:

“My opponent needs to stop lying to the voters of Seattle. He should also stop lying to reporters when he says one thing in a news release but something far more extreme in his ugly campaign tactics. Mike McGinn’s supporters should ask Mike to start telling the truth.

“First he tries to turn the police chief search into a political stunt and now he’s lying about my position on a gun ban in parks. Mike McGinn needs to stop playing games with Seattle’s public safety.

“My opponent must stop taking the low road and end his campaign of robocalls that mislead families with children, seniors and other Seattle citizens about my commitment to public safety. Mike McGinn cheapens civic dialogue by using public safety as a scare tactic. Seattle voters are wise enough to spot a candidate desperate enough to play politics with a core community value such as public safety.

“Make no mistake: I support what Mayor Nickels is trying to achieve with the gun ban in city parks. I look forward to working with community organizations, law enforcement, and neighborhoods to find pragmatic ways to reduce gun violence and crime in our schools, homes, and public parks. I look forward to working with the City Council, and State Legislature to make sure our laws related to common sense public safety issues are enforceable. I continue to be grateful for the support of the Seattle Police Officers’ Guild, Seattle Police Management Association, former Assistant Police Chief Harry Bailey and others involved in improving neighborhood safety.

“I am also committed to a comprehensive approach on public safety that focuses on youth outreach, prevention, and neighborhood empowerment.

“My opponent should stop making false accusations. His tactics are desperate attempts to hide the fact that he has no plan for how to protect Seattle’s public safety and no support from public safety officials.”

McGinn’s response:

Mallahan says we are lying, but how? We said he opposes the gun ban. His defense: “Make no mistake: I support what Mayor Nickels is trying to achieve with the gun ban in city parks."

Intent is great, but we're talking about a policy that the next Mayor will inherit. Will he repeal the policy and related executive orders, or uphold them? Will he defend them in court?

Last night Essex Porter reported that Mallahan signaled he will repeal the ban, and then had Mallahan on film talking about a focus on illegal guns. That's what the NRA says when they oppose gun control, and it's telling that Mallahan's response to a question about gun control is to use an NRA talking point.

Being Mayor isn't about intentions, it's about making actual policies.

Joe Mallahan should answer this question: does he support the public park gun ban policy? It's a simple Yes or No question.

––

Call script:

Seattle is in the middle of a gun crime epidemic, but Joe Mallahan is siding with the NRA and extreme 2nd amendment groups to repeal Seattle's gun ban in parks. That's right. Parks. Joe Mallahan wants to make it legal to bring loaded firearms to playgrounds, pools, and community centers.

Please join me in voting Mike McGinn for Mayor to help make parks safer for everyone. My name is ________ and I'm a volunteer with the McGinn campaign, which paid for this message. For more information, please call me back at 206-xxx-xxxx.

See the story that launched the duel here.

WA gun owners preparing to challenge Nickels ban
October 19, 1:32 PMSeattle Gun Rights ExaminerDave Workman

Gun rights activists are chomping at the bit to challenge the illegal gun ban imposed by Mayor Greg Nickels and the Seattle Parks and Recreation Department on park facilities in the city.
  Attorney General Rob McKenna has stated that this ban is illegal. Rich O’Neill, president of the Seattle Police Guild, told this reporter that he believes the ban to be invalid and “totally worthless.”
  And right now, the Bellevue-based Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms, and the National Rifle Association are said to be working out some last-minute details on the long-promised legal challenge. Based on their history in New Orleans and San Francisco, when these organizations join forces, the gloves come off and the other side loses...with bruises.
  Open carry activists seem the most impatient, as demonstrated by chat threads on the OpenCarry.org forum here, here and here. They are also planning a strategy session. Patience is a virtue. Waiting a few days is giving some important opinion leaders time to comment, and their sentiments are leaning strongly against Nickels.


"His parting gift as the exiting mayor will be taxpayers footing the bill for what could be a host of lawsuits challenging his ill-advised and illegal gun ban." – Ken Schram, KOMO TV

  Recall the other day when KOMO’s Ken Schram weighed in, predicting that Nickels has just picked a fight that he will not be around to lose.
  And in the Seattle Weekly’s "Daily Weekly" blog spot, writer Caleb Hannan has second thoughts on the gun ban, also predicting that it is a loser that is going to cost Seattle taxpayers a lot of money.
  It is already costing them a lot of money. How much did the new gun ban signs cost? How many man-hours are being invested in posting those signs at some 500 city parks and recreation facilities? How much police time is going to be spent responding to “man with a gun” calls at these facilities that officers will be, in O’Neill’s opinion, “very reluctant” to answer?
  Here’s a suggestion: Greg Nickels, and maybe only Greg Nickels, should be held personally responsible for every penny.

"Malfeasance is the doing of an act which an officer had no legal right to do at all and that when an officer, through ignorance, inattention, or malice, does that which they have no legal right to do at all, or acts without any authority whatsoever, or exceeds, ignores, or abuses their powers, they are guilty of malfeasance." – West Virginia Supreme Court of Appeals

  This is not an issue in which a well-intentioned public official makes an honest error while trying to do the right thing. This is a case in which a lame-duck mayor is going against an opinion from the State Attorney General. It is a case where a vehemently anti-gun public official is using his final days in office to create a legal quagmire that – despite his lofty opinion to the contrary – knowingly places the city he served on a collision course with a 26-year-old state preemption statute, and quite possibly Article 1, Section 24 of the State Constitution.
  If that does not stack up to the definition of malfeasancein office, it must come awfully close. It smacks of malice.
  Greg Nickels will be gone soon, but he is leaving a legacy of sorts that his successor will have to deal with, along with the citizens he once served and who have now turned him out of office.

BELLEVUE, WA – 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 Citize ns 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 in Seattle
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 w here 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 of Lynnwood, 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 rej ected his
third term bid, to clean up.”

SAF, NRA file lawsuit to overturn Seattle parks gun ban
October 28, 12:24 PMSeattle Gun Rights ExaminerDave Workman


  This morning, the Second Amendment Foundation, National Rifle Association and other gun rights organizations, and five individual citizens filed the long-awaited lawsuit against the City of Seattle and Mayor Greg Nickels that seeks to nullify the city’s ban on firearms from parks and recreation facilities.
  The city had been warned months ago that if the mayor went ahead with his plans to defy state preemption, the lawsuit would be coming. The outgoing mayor, who will leave office at the end of this year, was advised in late September by the Attorney General’s office that such a ban would violate Washington’s long-standing preemption statute that places sole authority for firearms regulation in the hands of the Legislature. This law has been on the books for more than two decades and has served as a model for laws in other states.
  Joining in the lawsuit are the Citizens Committee for the Right to Keep and Bear Arms and the Washington Arms Collectors.

   "The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.–– RCW 9.41.290"

  At issue, according to the plaintiffs, are the rights of law-abiding citizens who have legitimate concerns for their safety in city parks. They include:
  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. The DOC  prohibits her from carrying her state-issued firearm when she is off-duty, so she carries a personal firearm. She is concerned that people she has encountered on the job may be disgruntled and pose a threat to her safety.
  Likewise, Robert Kennar, who also works for DOC and occasionally visits Seattle parks and recreation facilities. He frequently works in Seattle and he has been a crime victim. He is licensed to carry a concealed handgun and always carries his personal firearm when not on duty.
  Ray Carter, a West Seattle resident employed as a car salesman in Seattle 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. Licensed to carry, he frequently visits parks to enjoy the out-of-doors.

"    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. 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.” – Alan Gottlieb, Second Amendment Foundation"

  Gray Peterson of Lynnwood, who often visits Seattle parks facilities with his domestic partner. Active in the Seattle-area gay community, Peterson is licensed to carry and does so where it is legal because of concerns that he is vulnerable to hate-related crimes.
  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. He is an avid gun owner and carries a concealed pistol wherever he can. 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.  
  The lawsuit, 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.

RCW 9.41.290
State preemption.


The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

Gun rights organizations sue to stop Seattle gun ban

Story Updated: Oct 29, 2009 at 11:41 AM PDT
By KOMO Staff

BELLEVUE, Wash. –– Several organizations and five residents filed a lawsuit Wednesday challenging the new Seattle parks regulation that bans firearms at designated Seattle Parks and Recreation facilities where children and youth are likely to be present, such as playgrounds, community and environmental learning centers, sports fields and courts, and golf courses.

Among those filing the suit are the Second Amendment Foundation, the National Rifle Association, Citizens Committee for the Right to Keep and Bear Arms and the Washington Arms Collectors.

"Every time the anti-gunners want to push gun control, they say we are doing this for the children," said Alan Gottlieb with the Second Amendment Foundation. "It's almost like it's their lead banner every single time, no matter what."

They say the ban violates Washington State's long-standing preemption statute.

"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," he said.

But there was some support for the ban at Green Lake.

"I don't know why anyone needs a gun at a playground or any place where there are kids around," said Brain Nevenhouse.

But for others, they say the need for protection is everywhere. One of those party to the suit is Bob Kennar who supervises parolees for the state. He carries his own gun, because some of the bad guys don't like him.

"It's in the back of my mind," Kennar said. "I don't lose sleep over it, but like the police I know there's a chance that could happen."

Kennar has carried a gun for 29 years. He says the city of Seattle can't tell him no.

Ray Carter is gay. He's a founder of the Seattle Chapter of Pink Pistols. He carries a .380 because he says gays are targets and police can't prevent that.

"They can show up in time to write the report and mop up the blood and maybe find out who did it," Carter said. "As a potential victim that doesn't do me a lot of good."

Carter and Kennar use parks and community centers They understand the desire to protect children, but say they need protection too.

The ban went into effect on Oct. 14. Seattle officials say anyone who enters one of the posted facilities with a gun will be asked by Parks personnel or Seattle police officers to leave the area. If they refuse, they could be cited or arrested by police for trespassing.

After a man shot and injured three people at the 2008 Folklife Festival, Seattle Mayor Greg Nickels directed city departments to evaluate rules, policies and leases related to guns. The suspect in last year's shooting had a concealed weapons permit and a history of mental health problems.

The rule won't go into effect at a specific facility until signs are posted outside notifying people of the gun ban. The signs will be posted in phases with all signs in place by Dec. 1.

Nickels had said in the past he doesn't believe the city is acting beyond its power, adding he is asserting the same rights private property owners have.