Gun Rights Organizations File Lawsuit to Stop Seattle Ban

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Wed Oct 28, 2009 2:44pm EDT

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 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 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 

Copyright Business Wire 2009

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