The decision affirms the state’s long-standing preemption law and two lower court rulings, thus preventing the city from banning firearms from city parks property.
It was the third straight loss for the city, which had first attempted to ban firearms from park facilities under former Mayor Greg Nickels, in open defiance of Washington State’s model preemption statute. Following its initial loss in King County Superior Court, the city, under Nickels’ successor, Mayor Mike McGinn, appealed its loss to the State Court of Appeals. That court also ruled unanimously against the city, which petitioned the state high court last year for review.
“We are proud that the State Supreme Court panel, led by Chief Justice Barbara Madsen, unanimously rejected Seattle’s flagrant attempt to override state law and violate the civil rights of citizens living in or visiting the city,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Mayor McGinn and the City Council should be ashamed that they pursued this pipe dream in an effort to turn the city into a banana republic. By letting the appeals court ruling stand, other anti-gun officials in city and county governments are on notice that they simply cannot ignore state law.
“We are equally proud of our partners in this important legal action,” he continued. “We were joined by the NRA, Washington Arms Collectors, the Citizens Committee for the Right to Keep and Bear Arms, and five courageous citizens. Our plaintiffs were willing to stand up to the city and public officials who seem determined to transform Seattle into a political gulag where a civil right can be dismissed at will in the interest of political correctness.
“And finally,” Gottlieb stated, “we are all very proud of our legal team led by Steve Fogg and Molly Malouf at Corr Cronin. They did a marvelous job, not only for their clients, but for the citizens of this state, whose civil rights apply everywhere, whether the City of Seattle likes it or not.”
- State Supreme Court agrees that Seattle can’t itself ban guns (seattletimes.nwsource.com)
- Court puts fatal bullet in Seattle’s gun ban at city parks By KOMO Staff Published: Mar 8, 2012 at 12:37 PM PST Last Updated: Mar 8, 2012 at 2:07 PM PST (womenandguns.org)
- Seattle’s Ban on Guns in Parks Is Illegal (State Supreme Court Edition) (slog.thestranger.com)
- State high court asked to review gun-ban case (seattletimes.nwsource.com)