Lawyers, Guns and Nickels

A little over a week ago, we learned that Mayor Greg Nickels is indeed moving forward with plans to ban firearms in some city owned parks. The proposed rule is considerably less ambitious, but just as controversial, as an earlier proposed "dangerous weapons" ban which would have kept gun owners off of nearly all city-owned property, whether they had a Concealed Pistol License (CPL) or not.

Having followed the issue for a year now, the pattern of the story has become routine. The Mayor's office sends out a news release; the City of Seattle is banning firearms in parks "for the children" and because of the shooting at the 2008 Folklife Festival. The press stumbles over itself to reprint it. Phone calls are made to the Bellevue-based Second Amendment Foundation to get a reaction from those whacky gun nuts across the lake. Reporters contact Attorney General Rob McKenna to get the standard quote about "preemption" and how the mayor's rule violates state statutes.

Shake 'n Bake. The story is written on Friday. Ignored over the weekend. And forgotten the following week. At least until another press release is sent out.

Because of the formulaic nature of the coverage, "Mayor Bans Firearms, Gun Rights Groups Outraged" there are some informational nuggets of information and nuances which have been overlooked, and until now, underreported.

The Candidates

Mayor Nickels is limping around City Hall right now with webbed feet. He's a lame duck. The man will be looking for a new job in a couple months. Whatever rule he puts into place, regarding firearms possession in public parks and play areas, will have to be enforced by the city's next executive. Whatever lawsuit is leveled against Seattle will have to be fielded by the next mayor. And the lawsuit could be a doozy since there's rumors that the National Rifle Association might be getting into the act as well as an army of individual gun owners.

So what do mayoral candidates Mike McGinn and Joe Mallahan think about banning firearms possession on 200 city-owned community centers, playgrounds, ballfields, swimming pools and basketball courts? Seattle Weekly contacted both their campaigns to find out

Not surprisingly, both McGinn and Mallahan have the exact same position as Nickels. Firearms shouldn't be allowed on city property where children frequently are present. Doesn't look like either candidate is trying to curry favor with the gun rights crowd.

The only thing that kept the responses of M & M from being carbon copies is that Mallahan's press person, Charla Neuman, admitted that before any sort of a gun ban in Seattle takes place, action is needed first in Olympia.

For those who have been keeping score at home, this is because of the state statute regarding preemption.

Neuman said that "Joe the Mayor" will work with Seattle-area legislators to pass a law allowing Seattle to make it's own rules regarding firearms possession on public property when he gets in office.

The Attorney General

The approach of "Joe for Mayor" follows the same legal advice being given by Rob McKenna's office.

Calling the AGO, Media Relations Manager Dan Styman cut to the chase halfway through my introduction and got down to business. There was only one reason why I'd be on the phone.

"Let me guess. You're calling about guns," Sytman's voice had a wry sense of humor in it on the other end of the line.

But of course.

McKenna has been a go-to-guy for the press on this issue ever since the AG released an opinion stating that Mayor Nickels had no legal basis to implement his no-gun rule due to state statutes preempting cities, towns and counties from enforcing stricter regulations on firearms than those enacted by the state.

"The legislature is the proper channel to pass a law like this... because it's the state constitution which is preempted here," AGO Media Relations Manager Dan Sytman advised.

The Mayor's office has had a year to lobby Olympia to this end. This paper reported as much last March. But city lobbyists have had their hands full greasing palms on larger issues like the Viaduct and Mercer Mess.

SAF

A ring to the Second Amendment Foundation turned up Dave Workman, editor of Gun Week magazine who does double duty fielding press questions when SAF founder Alan Gottlieb is otherwise busy, or in this case, on the radio.

Sure enough, the group will be suing Mayor Nickels. The SAF even put out a press release to that effect. Guess that makes it officially newsworthy.

Threats of lawsuits and "two-time loser" insults aside, more than anything, Workman seemed genuinely perplexed why Nickels is even bothering to go through with the gun ban. He's a lame duck. What does he have to gain?

SAF is going to spend a lot of money on attorneys for a lawsuit which the group will ultimately win. The City of Seattle will be spending a lot of money defending itself on a case which it will lose. So why even bother? Why waste the time?

The answer just might be found in Nickels' post-mayoral plans.

The Obama Adminstration is always in need of a few mid-level flunkies to man this departmental post or that. And the White House has shown an affinity for hiring Washington state politicians, no matter how maligned or disliked they are locally, giving gigs to former King County Executive Ron Sims, former Seattle Police Chief Gil Kerlikowske and former Governor Gary Locke. With the outing of "communist"-turned-Green Jobs Czar Van Jones, perhaps Nickels could be the fourth ace in the deck.

Workman put forward the theory, repeated via his regular column at Examiner.com, that Nickels could be angling for an executive director position with Mayors Against Illegal Guns, a coalition that he helped to create.

A Change of Tactics

Throughout this story's life, the Mayor's office has used as its main legal interpretation a State Supreme Court ruling which allowed the City of Sequim to prohibit a gun show on city property. That opinion seems to have been quietly shelved, in favor of a new plan, the notion of property rights.

A private citizen has the right to prohibit a person with a firearm from entering their property or place of business, whether they have a CDL or not. By this argument the City of Seattle, which owns public property, is entitled to the same legal remedy.

The problem, of course, is that the city is not a private landowner. And it is governed by constitutional limits which are more restrictive than that of the common citizen.

Loose Ends

Finally, what parks, playgrounds and ballfields will be effected by the ban? Residents have until Oct. 4 to submit comments about the rule to the Seattle Parks and Recreation Department (Dexter Ave. N., Seattle, WA 98103 or www.seattle.gov/firearmsrule).

The Mayor's office has released a list of city-owned properties which will be covered. They have been listed below. Signs are supposed to be posted warning would-be gun owners from entering. For larger sites such as Discovery Park or Alki Beach, the restriction doesn't cover the entire park, we're told, but only select areas where signage has been posted.

Community Centers: 26

Alki Community Center, Ballard Community Center, Bitter Lake Community Center, Delridge Community Center, Garfield Community Center, Green Lake Community Center, Hiawatha Community Center, High Point Community Center, International District/Chinatown Community Center, Jefferson Community Center, Laurelhurst Community Center, Loyal Heights Community Center, Magnolia Community Center, Magnuson Community Center, Meadowbrook Community Center, Miller Community Center, Montlake Community, Northgate Community Center, Queen Anne Community Center, Rainier Beach Community Center, Rainier Community Center, Ravenna-Eckstein Community Center, South Park Community Center, Southwest Community Center, Van Asselt Community Center, Yesler Community Center

Evironmental Learning Centers: 4

Camp Long, Carkeek Park, Discovery Park, Seward Park

Swimming Pools: 10

Ballard Pool, Colman Pool, Evans Pool, Helene Madison Pool, Lowery C. "Pop" Mounger Pool, Meadowbrook Pool, Medgar Evers Pool, Queen Anne Pool, Rainier Beach Pool, Southwest Pool

Wading Pools and Water Play Areas: 30

Ballard Commons Park, Beacon Hill Playground, Bitter Lake Playfield, Cal Anderson Park, Dahl (Waldo J.) Playfield, Delridge Playfield, E.C. Hughes Playground, East Queen Anne Playground, Georgetown Playfield, Gilman Playground, Green Lake Park, Hiawatha Playfield, Highland Park Playground, John C. Little, Sr. Park, Judkins Park and Playfield, Lincoln Park, Miller Playfield, Northacres Park, Peppi's Playground, Powell Barnett Park, Pratt Park, Ravenna Park, Sandel Playground, Soundview Playfield, South Park Playground, Van Asselt Playground, View Ridge Playfield, Volunteer Park, Wallingford Playfield, Warren G. Magnuson Park.

Small Craft Center: 2

Mount Baker Rowing and Sailing, Green Lake Small Craft Center

Specialized facilities: 2

Amy Yee Tennis Center, Langston Hughes Performing Arts Center

Playgrounds and play areas: 139

6th Avenue NW Pocket Park, Albert Davis Park, Alki Playground, Atlantic Street Park, B.F. Day Playground, Baker Park on Crown Hill, Ballard Playground, Bayview Playground, Beacon Hill Playground, Beer Sheva Park, Benefit Playground, Bhy Kracke Park, Bitter Lake Playfield, Bradner Gardens Park, Brighton Playfield, Bryant Neighborhood Playground, Burke-Gilman Playground Park, Cal Anderson Park, Carkeek Park, Cascade Playground, Cedar Park, Coe Play Park, Colman Playground, Cottage Grove Park, Cowen Park, Dahl (Waldo J.) Playfield, David Rodgers Park, Dearborn Park, Delridge Playfield, Denny Park, Discovery Park, Dr. Blanche Lavizzo Park, Dr. Jose Rizal Park, E.C. Hughes Playground, Ella Bailey Park, East Queen Anne Playground, Ercolini Park, Fairmont Playfield, Firehouse Mini Park, Flo Ware Park, Froula Playground, Garfield Playfield, Gas Works Park, Genesee Park and Playfield, Georgetown Playfield, Gilman Playground, Golden Gardens Park, Graham Hill School Play Area, Green Lake Park, Greg Davis Park, Hiawatha Playfield, High Point Playfield, Highland Park Playground, Homer Harris Park, Hutchinson Playground, International Childrens Park, Jefferson Park, John C. Little, Sr. Park, Judkins Park and Playfield, Kerry Park (Franklin Place) Kinnear Park, Lake City Playground, Lakeridge Park, Lakewood Playground, Laurelhurst Playfield, Lawton Park, Leschi Park, Licton Springs Park, Lincoln Park, Linden Orchard, Little Brook Park, Lowman Beach Park, Loyal Heights Playfield, Madison Park, Madison Park North Beach, Madrona Park, Madrona Playground, Magnolia Park, Magnolia Playfield, Maple Wood Playfield, Matthews Beach Park, Mayfair Park, Meadowbrook Playfield and Annie's Playground, Meridian Playground, Miller Playfield, Montlake Playfield, Mount Baker Park, Northgate Park, Othello Playground, Oxbow Park, Peppi's Playground, Pinehurst Playground, Pinhurst Pocket Park, Plum Tree Park, Powell Barnett Park, Pratt Park, Prentis I. Frazier Park, Puget Boulevard Commons, Puget Ridge Playground, Rainier Beach Playfield, Rainier Playfield, Ravenna Park, Ravenna-Eckstein Park, Riverview Playfield, Roanoke Park, Rodgers Playground, Ross Playground, Roxhill Park, Sacajawea Playground, Salmon Bay Park, Sam Smith Park, Sandel Playground, Seward Park, Soundview Playfield, Soundview Terrace, South Park Playground, Spring Street Mini Park, Spruce Street Mini Park, T.T. Minor Playground, Trolley Hill Park, 12th West & West Howe Park, University Playground, Van Asselt Playground, Victory Creek Park, Victory Heights Playground, View Ridge Playfield, Volunteer Park, Wallingford Playfield, Ward Springs Park, Warren G. Magnuson Park, Washington Park Playfield, Webster Park, West Queen Anne Playfield, Westcrest Park, Woodland Park, Yesler Playfield

Late Night Recreation sites: 6

Bitter Lake Community Center, Delridge Community Center, High Point Community Center, Rainier Beach Community Center, South Park Community Center, Van Asselt Community Center

Teen Life Center: 3

Garfield Teen Life Center, Meadowbrook Teen Life Center, Southwest Teen Life Center

Outdoor sports courts (basketball and tennis): 82

Alki Playground, Amy Yee Tennis Center, Bayview Playground, Beacon Hill Playground, Beer Sheeva Park, Benefit Playground, B.F. Day Playground, Bitter Lake Playfield, Brighton Playfield, Bryant Neighborhood Playground, Burke-Gilman Playground Park, Bobby Morris at Cal Anderson, Cascade Playground, Christie Park, Cleveland Playfield, Colman Playground, Cowen Park, Dahl Playfield, David Rodgers Park, Dearborn Park, Delridge Playfield, Discovery Park, East Queen Anne Playground, E.C. Hughes Playground, Flo Ware Park, Garfield Playfield, Georgetown Playfield, Gilman Playground, Golden Gardens Park, Green Lake Park, Hiawatha Playfield, High Point Playfield, Highland Park Playground, Hutchinson Playground, Jefferson Park, John C. Little Sr. Park, Judkins Park and Playfield, Kerry Park, Kinnear Park, Lakeridge Playfield, Laurelhurst Playfield, Leschi Park, Loyal Heights Playfield, Lowman Beach Park, Madison Park, Madrona Playground, Magnolia Park, Magnolia Playfield, Maple Wood Playfield, Matthews Beach Park, Meadowbrook Playfield, Meridian Playground, Miller Playfield, Montlake Playfield, Mount Baker Park, Northacres Park, Othello Park, Pinehurst Playground, Powell Barnett Park, Pratt Park, Prentis I. Frazier Park, Rainier Beach Playfield, Rainier Playfield, Ravenna Park, Ravenna-Eckstein Park, Riverview Playfield, Roanoke Park, Ross Playground, Sam Smith Park, Sandel Playground, Seward Park, Solstice Park, Soundview Playfield, South Park Playground, University Playground, Van Asselt Playground, Victory Heights Playground, View Ridge Playfield, Volunteer Park, Wallingford Playfield, Warren G. Magnuson Park, Woodland Park

Skateparks: 2

Ballard Commons Park, Woodland Park