Seattle judge rules police must permit property damage, cannot enforce laws against graffiti, vandalism

Original article here.


The Seattle Police Department has stated that officers can no longer enforce laws regarding property damage following a ruling from a federal judge.

On Tuesday, US District Court Judge Marcha Pechman issued an injunction that the City of Seattle cannot enforce its anti-graffiti ban in response to a lawsuit by Derek Tucson, Robin Snyder, Monsieree de Castro, and Erik Moya-Delgado who were arrested in 2021 for writing “BLM,” and anti-cop expletives such as “F*ck the police” in chalk and charcoal on concrete walls that had been erected to protect SPD’s East Precinct from vandalism and rioters.

The preliminary injunction from Pechman stated that the city’s existing property damage laws can violate a person’s First and Fourteenth Amendment rights and are “overly vague and overboard.”

On Wednesday in response to the ruling, SPD released a statement that read, “…until further order of the Court, SPD cannot take action on damage to property under this law. This is not a matter within SPD or City discretion; we are bound by the court order as it is written.”

“We understand and share the concerns that are being relayed to us by our community, businesses, and residents alike. We know, as evidenced by the thousands of calls for service we receive each year reporting acts of vandalism and other forms of property damage that property damage is, in fact, a crime that is of significance to community members. SPD is working closely with the Mayor’s Office and City Attorney’s Office to assess next steps with the Court.”

According to Seattle’s municipal code “property destruction” is a gross misdemeanor and can be punished by up to 364 days in jail if “he or she… [w]rites, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person.”

Seattle has been plagued by graffiti and spiking crime. Recently, Mayor Bruce Harrell has attempted to focus on graffiti and pledged in 2022 to “increase enforcement of graffiti offenses, striking a balance with larger penalties for the most prolific taggers and expanded diversion options for low-level offenders.”

Pechman ruled that the law can have people arrested for exercising their free speech rights under the guise of “preventing even temporary visual blight.”

“On its face, the Ordinance sweeps so broadly that it criminalizes innocuous drawings (from a child’s drawing of a mermaid to pro-police messages written by the Seattle Police Foundation that can hardly be said to constitute ‘visual blight’ and which would naturally wash away in the next rain storm,” and that the law could enable police to arrest people for “attaching a streamer to someone else’s bicycle or writing a note of ‘hello’ on a classmate’s notebook without express permission,” Pechman added.

“While there is allegedly a policy not to arrest children drawing rainbows on the sidewalk, the Ordinance itself allows the police to do just that and to arrest those who might scribe something that irks an individual officer,” Pechman continued.

“Although the Ordinance also criminalizes ‘property destruction,’ it equally targets speech. As such, it has a close enough nexus to expression that it poses a real and substantial threat of censorship.”

Seattle City Attorney Ann Davison’s office also issued a statement on Wednesday saying they will not be filing any property destruction charges as a result of the order but are immediately filing a motion asking the judge to reconsider.

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About the Author: Patriotman

Patriotman currently ekes out a survivalist lifestyle in a suburban northeastern state as best as he can. He has varied experience in political science, public policy, biological sciences, and higher education. Proudly Catholic and an Eagle Scout, he has no military experience and thus offers a relatable perspective for the average suburban prepper who is preparing for troubled times on the horizon with less than ideal teams and in less than ideal locations. Brushbeater Store Page: http://bit.ly/BrushbeaterStore

6 Comments

  1. spingerah June 15, 2023 at 14:43

    The pacific northwest used to be clean, even in downtown seattle, now the entire Puget sound area looks like a Brazilian favela due to uncontrolled graffiti and homeless camps everywhere. ultra leftists control the entire state, it is a target rich environment but all lost causes are stay & fight or pop smoke? that is the question.

  2. James Carpenter aka "Felix" June 15, 2023 at 15:20

    A (surprise!!!) Clinton appointee, she has the look of a Karen and Cat Lady combined. A true reflection of her judicial “bête noire” where sanity is concerned?
    Let’s have her home address so we can go there without fear of police brutality while we exercise our 1st (and maybe 14th) Amendment rights. You buy the beer, I’ll supply the paint. Or vice versa.

  3. Ice Ice Trotsky June 15, 2023 at 15:34

    Does that include the huge gigantor Lenin statue in the Fremont hood?

  4. Truth in Tension June 15, 2023 at 16:01

    Does US District Court Judge Marcha Pechman have dual passports Israel and USA? Is she a member of the ADL?

  5. DakotaRumble June 15, 2023 at 17:55

    So the Sheriffs start arresting these judges, I’m sure there’s something in there for dereliction of Duty at a minimum. They are no longer serving the people, their cities/towns and communities. Just had a town meeting with the local sheriffs on something similar with all the thefts, trespassing and drugs causing issues in my town. They state their hands are tied until the criminals complete their tic-tac-toe Three in a row of requirements in order to be held. Talk about how our communities are not safe anymore and their jobs are getting even more dangerous due to the catch and release they are constantly doing with the same criminals over and over again due to legislation some shit-dick behind a desk, pulled out of their ass. Basically our meeting was “You’ll have to live in fear and lock everything… Oh, but record the person with your phone if they are stealing your property or trespassing/breaking into your home.” And don’t even think of getting in their way or using force, that will lock you away. Just let them continue committing crimes.

  6. T June 16, 2023 at 09:55

    Im waiting to see if the judges tune changes when property damage hits home. Moving from PNW should be a relief against this but the poisonous leftist mindset is spreading. These people refuse to see the obvious.

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