The Reasonable Man Behind the City Gun Ban Lawsuit
The legal term pro se (meaning someone who forgoes a lawyer in order to represent themselves in cour) is normally a handy way of identifying a kook. Someone who's crazy. A person usually only goes pro se after they've been turned down by every litigant in a tri-state area or because they think their case against the NSA can only be properly argued by the person actually being buzzed by the black helicopters.
Bob Warden and his .40 caliber glock moments before being turned away from a community center.
Encountering a pro se plaintiff who's not nuts is rare. Which makes Bob Warden an anomaly.
Warden is the Seattle man who's currently challenging the city's gun ban. Two weeks ago he was ordered out of the Southwest Community Center after walking in with a .40 caliber glock strapped to his side. Today he filed a lawsuit against the city. And about thirty minutes ago he answered a call from The Daily Weekly and proved himself to be anything but crazy.
While most people were still recovering from post-Thanksgiving gluttony hangovers, Warden and his adult son were out on a day trip. Their first stop: the federal courthouse, where they filed the lawsuit. Their second: Greg Nickels' house, where Warden's kid knocked on the door and served the mayor's son with the suit.
"Some families go shopping on Black Friday," says Warden. "My family does this."
Warden understands the conclusions most people would draw if they just heard a skeletal version of his story. Man walks into public place armed with pistol. Sues city. Must be one of those gun-nuts, right?
"If I didn't know me my knee-jerk reaction would be the same thing," says Warden. "But I'm just someone who saw an opportunity to challenge what is a blatantly illegal thing."
Warden is uniquely suited to that challenge. He won't get very specific about who he works for. (He says it's "a federal government agency in a field of labor and employee relations.") But as a certified pistol instructor and range safety officer with a law degree, he's got the chops to argue he's been wronged.
While the NRA and Alan Gottlieb's Second Amendment Foundation have also filed similar suits, Warden says his public stunt at the community center actually gives him a leg up.
"It has to do with legal standing," he says. "In order to have your case heard by a judge you have to have been harmed in some tangible way. The other case they may have standing. My goal was to simply make sure that that wasn't even an argument."
And in any case, Warden probably wouldn't join up with the NRA even if they'd have him. The 44-year-old says he's a lifelong Democrat who has only voted Republican twice in his life -- once for Sam Reed, the other time for former Senator Dan Evans.
"If there's such a thing as a second amendment establishment I guess I run a little counter to it," he says. "It's not a partisan thing, it's just about constitutional law and personal liberty."
It also doesn't seem to be a money thing. In his lawsuit, Warden is seeking attorney's fees, court costs and nominal damages of $1. Plus an unspecified amount in punitive damages against Nickels for what he hopes will "effectively deter future Washington municipal officials from behaving with reckless or callous disregard for federally protected rights."
So a pro se, gun-rights-loving Democrat who's not in it for the money. Does Warden think that makes him unusual?
"Perhaps," he says. "But it just comes from pragmatism and the rule of law. The second amendment is one of the first 10 amendments. The ACLU chooses not to focus on it and the NRA pretends like it's the only one, but to me they're all rights worth having and protecting."
13 comment(s)
Chris says:
He isn't from Seattle. Lives in Kent, I think.
Posted On: Friday, Nov. 27 2009 @ 5:48PM
Frederick Reitmeyer says:
Greg Nichols should not be only proved wrong,he should spend the rest of his life in jail for felony civil rights violations, if not executed for his crimes
Posted On: Friday, Nov. 27 2009 @ 10:42PM
Ben says:
It's getting more and more rare to find a person, regardless of party affiliation, that truly embraces the Constitution and Bill of Rights. I don't believe that his actions make him a left wing loon or, places him in the right wing crazy category. If you are truly an American then take an hour or less to read the Constitution and Bill of Rights (something that so many neglect to do) so that you may better understand the the context and framework in which this country was founded. To suppress even one God given right with impunity allows for the suppression of all God given rights.
To even claim that this man had somehow violated another persons civil rights is absurd however, you are more than happy to deny him his unalienable right to keep and bear arms.
Posted On: Saturday, Nov. 28 2009 @ 7:46AM
david stoesz says:
So, not a gun nut. A Libertarian nut.
Posted On: Saturday, Nov. 28 2009 @ 5:22PM
tracy simmons says:
Bob Warden is right in this issue too many people including those that make laws dont understand them.We all have the right to bear arms no matter what.
Posted On: Saturday, Nov. 28 2009 @ 7:10PM
Anonymous says:
This is about the North Seattle LA Fitness at: 13244 AURORA AVE NORTH SEATTLE, WA 98133 (206) 973-0232
Many of me and my wife’s friends joined the club when it first opened in January 2008. Now that they have a lot of members, in large part due to the Bally Total Fitness that closed that used to be across the street from LA Fitness, they are terminating members (mostly those over 40 years old) that aren’t paying as much as they can get from new members. All the staff complains that LA Fitness is a terrible company to work for and that early in 2009 made their employees take a cut in pay. Many of the young ones threaten others verbally and physically and staff does nothing. Of course it’s big guys picking on small women. They have lost many members because of this. I would not be surprised if one of the bullies goes postal one day.
It would be great if you investigated. The owners email is louisw@lafitness.com and suzzieh@lafitness.com
Posted On: Saturday, Nov. 28 2009 @ 8:47PM
Sean says:
I hear a lot about "rights" but nothing about responsibilities from the pro gun crowd. There is a huge difference between carrying a gun and contributing to public safety. They are not the same thing. This particular dud is certainly some Libertarian, self absorbed, nut case.
Posted On: Monday, Nov. 30 2009 @ 7:37AM
don holmes says:
How can you, Bob Warden ,be pro gun and vote all your life (democrat) for people who spend all their life trying to abolish our 2nd ammendment, and only swear to up hold the constituition if it helps them at town meetings? INSANE
Posted On: Monday, Nov. 30 2009 @ 12:47PM
CLARENCE LEE CLINE says:
Ben my friend, I would, if I may add a bit to your great post. Since the language of the day was somewhat different the study must be in the context of the language. One can do that by reading the letters and speaches of those who wrote this great document. That will allow one to put it into context and to understand what is being said. The professional liars don't wish you to know this. they wish for some unknown reason to destry our primary law of the land. Thank you. I am a sheepdog (google On Sheep, Wolves and Sheepdogs by Dave Grossman for understanding)
Posted On: Monday, Nov. 30 2009 @ 2:41PM
wemorton says:
The carrying/bearing of arms, in a public place implies personal/moral responsibility.
If an individual carries/bears/transports arms of any kind in the public arena (ie - "polite society"), the moral implications are evident (evident, "evidence"). "With great privileges, come great responsibility". One should ensure (insure?), public safety (the general, but not specific, safety of the public?)
If an individual chooses to be a, "sheep", that individual should not choose to kick the, "sheepdog". The sheepdog will not retaliate against the sheep at the time of the kick - the sheepdog may simply take a nap when the wolves show up - probably not, but it is something to consider.
Why does it NOT surprise me that this article comes from a state and city where four (4) peace officers were brutally assasinated while enjoying a bit of breakfast and camaraderie while preparing to, "protect and serve".
"Judges", should protect and serve - "peace officers", DO aprehend and temporarily incarcerate! - the rest is left to juries! How have you failed?
If every able bodied and able minded individual (between 16 and 65 years of age, with NO violent felonies on record) in this nation were to carry a visible firearm - well, we might finally achieve a, "polite society".
I do believe that, "hollywood", and the environs thereof have finally migrated North in search of more people to corrupt.
Posted On: Monday, Nov. 30 2009 @ 4:26PM
Fjaessing says:
Re Frederick Reitmyer's statement:
Yes, Nichols should be executed for his crimes, but it should be without a trial. (He doesn't deserve one!) In fact he should be burned at the stake, & very slowly, but only after all his fingernails have been pulled out. All of his relatives, by blood or marriage, out to the 3rd cousins & 3rd cousins-in-law, twice removed, should suffer a similar fate. Maybe then, & only then, we'll finally we'll get some respect for the Constitution in this place! Damn liberals!!!
Posted On: Monday, Nov. 30 2009 @ 6:57PM
Ben says:
To Clarence Lee Cline, I would like to take a moment to thank you my friend and fellow sheep dog. You are right in that one must understand the context in which our founding documents were written. However, one must also understand that these documents were written in plain English so that their intent could not be misinterpreted by so called worldly scholars such as we have today. If someone decided that they were in need of clarification as to the intent of the writers of our Constitution then I would recommend that they read the Federalist Papers (Alexander Hamilton, James Madison, John Jay- April 2003- Signet Classics. $7.95) Available online or at any popular book store.
Posted On: Monday, Nov. 30 2009 @ 7:54PM
Black Seattle says:
According to the Seattle PI, blacks, only 8% of Seattle, committed at least half the murders there in 2008, and at least 75% of the murders there in 2009, but idiot naive white seattle liberals are terrified of this sane and reasonable man. Seattle is a shithole and liberals made it that way.
Posted On: Tuesday, Jan. 19 2010 @ 10:46AM