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Judge's ruling ends Seattle's gun ban

Discussion in 'Legal & Political Archive' started by Will, Feb 12, 2010.

  1. Will

    Will Everett Active Member

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    SEATTLE - A Judge has just ruled that the city of Seattle ban on guns on city property is illegal, effectively ending the ban.
    What great News, Now the same thing has to take place in Snohomish County as they have the same law for county parks.


    http://www.msnbc.msn.com/id/35374252/ns/local_news-seattle_wa/
     
  2. HappyRoman

    HappyRoman Sherwood Forest Bronze Supporter Bronze Supporter

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    ya..hooooo
     
  3. Mutoman

    Mutoman North Bend Active Member

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    Nice! A ray of sunshine!

    Thanks for posting this Will!
     
  4. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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    This is great news. Thanks for posting it. While I am not in Seattle, bad laws do travel to neighboring areas. Good rulings do also... I hope the Oregon polititians take notice.
     
  5. simpleguy

    simpleguy Clackamas Active Member

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    Read the statement by the city's attorney......it makes me laugh.....essentially it says.....

    ......well we knew what the law was, we just spent all this money fighting the existing law hoping you would ignore it and legislate from the bench......

    idiots!
     
  6. Gray Peterson

    Gray Peterson Lynnwood, Washington Member

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    I am proud to announce here, as one of the plaintiffs in the case, that the Seattle (WA) Parks Gun Ban has been STRUCK DOWN!

    Report from King5:

     
  7. Dan-Dee Sales Inc

    Dan-Dee Sales Inc Sweet Home, Oregon, United States Active Member

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    They will spare no expense to find away around it.
     
  8. Ragingpit

    Ragingpit Rochester,WA Member

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    chalk one up for the gun guys...lol
     
  9. Sun195

    Sun195 Pugetropolis, WA Well-Known Member

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    I think the City got pro-bono representation on this case.

    Thank you Gray Peterson for being part of this case.
     
  10. Gray Peterson

    Gray Peterson Lynnwood, Washington Member

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    Read this for a primer on "pro-bono" representation.

    Finally, LCAV often promises to provide pro-bono defense of the ordinances that it lobbies for. There are two significant caveats to this promise that the Board of Supervisors should be aware of. First, in the long running battle over an ordinance banning gun shows in Alameda County (an ordinance which LCAV convinced this board to pass also at 3.53.010 Ord. 4146, 12/17/02) entitled Nordyke v. King, LCAV asked for pro-bono work to determine if that ordinance is actually constitutional as recently as only 90 days ago even though the project dates back almost 10 years. Second and most importantly, LCAV does not, to our knowledge, promise to pay for the prevailing attorney’s fees. San Francisco recently lost Fiscal at. al. v. San Francisco and paid $380,000.00 to NRA attorneys. D.C. is facing a potential bill of approximately $3,500,000.00 for Mr. Gura and his team. Should the County wish to proceed with these ordinances, it should both consider the likely costs of losing as well as ask LCAV to be willing to participate in offsetting the costs should civil rights groups prevail.

    The folks at Orrick Herrington and Sutcliffe are part of LCAV, so you can see where this could be a problem for the city if they appeal it. $380,000 is not a small amount of money for a city that's having budget shortfalls.....
     
  11. Sawdust

    Sawdust Bull Mountain(Tigard), OR Gold Supporter Gold Supporter

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    :partyman::partyman::partyman: That's great news. Congrats to my northern brothers-in-arms.
     
  12. Will

    Will Everett Active Member

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    Gray, considering you live in Lynwood were you involved with the Snohomish county law that was just upheld and is much the same? http://www.king5.com/news/local/Snoh...-81374282.html
    Still wondering how it was upheld considering the local effort. All the same I expect that will change in the near future after this ruling.
     
  13. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    Hurray!!!
     
  14. Gray Peterson

    Gray Peterson Lynnwood, Washington Member

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    A lot of it depends on what Seattle is going to do. Mayor McGinn seems to be signaling from his press release that he won't appeal, but the City Attorney is saying that they're considering an appeal.

    In the end, it falls onto Mayor McGinn to make that decision.
     
  15. Sun195

    Sun195 Pugetropolis, WA Well-Known Member

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    Good point - I keep forgetting about the prevailing attorney's fees.
     
  16. tionico

    tionico Thurston County Well-Known Member

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    Wow, Seattle sure seems to have a knack for picking mayors.... also, HOW is it that one elected officer (mayor) is the deciding voice in such a decision that affects EVERYONE in the city, and many who visit? He is starting out looking like every bit the idiot Chump Change Nickels is. I wonder how far this will go before someone a LOT bigger than these pipsqueaks come down hard on the nonsense? The state legiclature has enacted, then ammended, a law, it has withstood the test of time, two state attorneys general have issued opinions going against this law..... I mean, how big is this guy's head, anyway? Maybe Seattle should secede from the rest of the state... to which I'd say Good Riddance. Maybe then they will quit running the rest of the state.

    It will be interesting to see what Snohomish County does with their parks gunban, which they've just nobly decided will stand, in SPITE of the fact Rob McKenna has specifically stated that ban is also illegal. I also wonder about the signs I see in some of the East King County parks... signs with silly drawings of handguns, words that say "no firearms". One more local jurisdiction preempting state law.... or trying to.


    I do think it would be grand for Seattle to have to pay their opponents, the prevailing side (our side.. YAY) for their legal costs incurred.

    One more interesting thing... this did not go to a full trial. It was rejected in a summary judgement from the bench. In other words, the judge looked at the basis of the case, and decided it was so cut and dried it was not worthy of a hearing... she KNEW which way it had to go. Good work, Judge. She saved the courts, and the City of Seattle, a HUGE pot of money. I was surprised Mc Kenna didn't step in and issue an order of some sort...... telling Seattle to back down, rescind the ordinance or face other legal proceedings.

    I'll bet good ol Kline is stewing in his liberal stew tonight....... and I rather doubt Queen Christine is happy about this, either. Looks good on em.
     
  17. Will

    Will Everett Active Member

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    There won't be an appeal. The state court issued a finding. The city won't spend money to appeal this. Still wondering if your active in the Snohomish county issue? Where you live you expressed you were part of the Seattle suit. I expect you are active in this local issue?

    "I am proud to announce here, as one of the plaintiffs in the case, that the Seattle (WA) Parks Gun Ban has been STRUCK DOWN!"
     
  18. Tactical SS

    Tactical SS Washington Member

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    I'm surprised all the news stations aren't using a "military style assault weapon" as their main picture on the story.

    A win for Seattle! Hopefully it becomes a landmark case for other cities.
     
  19. Gunner3456

    Gunner3456 Salem Well-Known Member

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    I hope they appeal it all the way to the state supreme court. They'll lose, and that ruling would then apply to all cities. Right now the order is directed only at Seattle. Even though it should cause all cities to take notice, that won't necessarily happen. When a city has an ordinance like this, each individual is stuck defending himself until the big boys step up and challenge it as just happened.
     
  20. simpleguy

    simpleguy Clackamas Active Member

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    Quote:
    Originally Posted by simpleguy
    we just spent all this money fighting the existing law hoping you would ignore it and legislate from the bench......

    Quote:
    Originally Posted by Dan-Dee Sales, Inc
    They will spare no expense to find away around it.

    I think the City got pro-bono representation on this case.

    Thank you Gray Peterson for being part of this case.

    1. Yes, thank you Gray Peterson for being part of the case.
    2. Pro-bono for Government? Ayah-carumba! You have to be kidding me? I would buy that if the city had a $1million annual budget, but these guys?
    3. Mr. Peterson, please tell me they had to pay all your costs? I know in the end we ALL pay for government expenses, I pray people will see this is on watch of those who do not support Civil Rights. Yes, I know it's probably pie in the sky, lala land thinking, but if it's ever going to happen, this appears to be the time in history that taxes/expenses get reigned in.