Friday, September 18, 2009
Last updated 4:42 p.m. PT

Nickels: Ban guns in places where kids go
Critics say Seattle mayor's move won't stand up in court
By CHRIS GRYGIEL
SEATTLEPI.COM STAFF

Mayor Greg Nickels on Friday proposed a rule to ban guns in more than 500 Parks and Recreations Department facilities across Seattle where children and youth go - places like sports fields, playgrounds and swimming pools.

"These are the places where our children and families gather and it is common sense that community centers, playgrounds and swimming pools are safer without guns," Nickels said in a statement.

Signs would be posted that say firearms are prohibited as a condition of entry into the facilities.

Nickels' announcement is his latest attempt to ban firearms from city property. The mayor began efforts after a man shot and injured three people at the 2008 Folklife Festival at Seattle Center.

But an opinion issued late last year by Attorney General Rob McKenna's office said cities lack the authority to ban guns because local laws would conflict with state regulations.

Friday afternoon McKenna's spokesman said Nickels' latest plan still runs afoul of state law.

"Mayor Nickels is welcome to request legislation to change state law, but current state law preempts a city's authority to pass local laws prohibiting the firearms possession on city property or in city-owned facilities," said Janelle Guthrie.

Alan Gottlieb, vice president of the Bellevue-based Second Amendment Foundation, said by law Nickels can't ban firearms from parks.

"This is probably his last blast against gun owners on his way out the door," Gottlieb said of Nickels, who was defeated in the August primary. "I don't think it's going to stick."

Gottlieb said his organization may go to court to stop any gun ban, but might also wait to see what happens when Nickels leaves office in January.

Alex Fryer, Nickels' spokesman, said as a property owner the city is allowed to impose conditions on people using its facilities.

"We believe the firearm safety rule is consistent with that," Fryer said. "We are confident of our proposal and we are geared up if a legal challenge were to occur."

If the mayor's plan is adopted Parks workers would ask people with guns to leave those designated areas. If they say no, they could be cited or arrested for trespassing, the mayor's office said.

Locations covered by the proposed rule include: 26 community centers; four environmental learning centers; 10 pools; 30 wading pools and water play areas; 139 playgrounds and play areas and 213 ballfields.

The city will take public comment on the proposed rule over the next two weeks. People can submit comments by Oct. 4, 2009, at www.seattle.gov/firearmsrule or send comments to: Seattle Parks and Recreation Department, 100 Dexter Ave. N., Seattle, WA 98103.

http://www.seattlepi.com/local/410303_guns18.html?source=mypi