New Mardi Gras Riot Ruling

As the 1999 WTO riots trial continues along in federal court here today, raising issues of First and Fourth Amendment violations, the U.S. 9th Circuit Court of Appeals has just confirmed the dismissal of a federal case involving the Fourteenth Amendment brought against the city after the 2001 Pioneer Square Mardi Gras riots. A group of Pioneer Square plaintiffs had appealed a lower court order granting summary judgment in favor of the city and former mayor Paul Schell and police chief Gil Kerlikowske. The plaintiffs claimed the lower court erred in dismissing their claim that officials violated their right to due process by "affirmatively placing them in a position of enhanced danger," failing to take prompt and necessary action rather than standing off while the rioting continued. Citing case law, the 9th Circuit concluded in part that the city had no constitutional duty to protect people against violence from the riotous crowd, noting "its failure to do so - though calamitous in hindsight - simply does not constitute a violation" of due process. The ongoing WTO trial differs in that plaintiffs contend they were arrested for freely voicing their sentiments and that they were unreasonably searched and seized. Tuesday, former police chief Norm Stamper said the city didn't set out to arrest dissenters and that he'd have resigned had there been such a policy.