seattle restraining order by sburnet2

VIEWS: 641 PAGES: 8

									                              Declaration of Emergency
            WTO ARC Staff Report to Citizens’ Panel on WTO Operations
                               September 7, 2000



When were the civil emergency and the subsequent proclamations made?
NOVEMBER 30th

Around 10:30 a.m.: Assistant Chief John Pirak contacted Assistant Chief Ed Joiner to
recommend a declaration of civil emergency.1

About 11:00 a.m.: Chief Joiner overruled a recommendation by Chief Pirak to declare a
state of emergency.2

Sometime, around 3:00 p.m.: The governor signed a proclamation declaring that a State
of Emergency existed in the City of Seattle and King County. The order activated the
National Guard.3

Approximately 3:00 p.m.: According to a draft of the mayor‟s chronology, he signed the
declaration of civil emergency at the MACC.4 By declaring the civil emergency, the
Mayor was empowered to make a number of proclamations affecting public safety.5

3:32 p.m.: EOC reported that a State of Emergency has been declared.6

3:34 p.m.: SPOC log described the State of Emergency as defining an area “from Yesler
north to Denny Way. I-5 W to the waterfront.”7

Sometime after 3:00 p.m.: According to the mayor‟s chronology, the general curfew order
was signed sometime after he returned to his office after signing the emergency order.8
The curfew was the first proclamation made under the state of civil emergency. The
curfew, which began at 7:00 p.m. and lasted until 7:30 a.m. of December 1st, covered the
area bounded by Denny Way on the north, the I-5 freeway on the east, Yesler Way on the
south and Elliott Bay on the west.9 (This proclamation seems to be supported by SMC
Chapter 10.02.020, Paragraph A.)



1
  “wto reflections march 30, 2000.doc”, from files of Clark Kimerer
2
  “There was unrest even at the top during WTO riots”, Seattle Times, December 16, 1999
3
  Proclamation by the Governor, November 30, 1999
4
  “Paul Schell -- WTO Chronology”, draft from files of Doug Carey
5
  SMC 10.02.020
6
  EOC log, November 30, 1999
7
  SPOC Log Chronology, November 30, 1999
8
  “Paul Schell -- WTO Chronology”, draft from files of Doug Carey
9
  Local Proclamation of Civil Emergency Order, November 30, 1999


Staff Report to WTO ARC Operations Panel: Declaration of Emergency                        Page 1 of 8
4:00 p.m.: A news advisory announced that the mayor had signed a Declaration of Civil
Emergency.10

4:18 p.m.: A press statement for the governor was drafted regarding the activation of the
National Guard.11

5:30 p.m.: EOC noted that “Civil Proclamation signed and delivered to Chief Bryant.”12

7:00 p.m.: The first curfew went into effect. It ended at 7:30 the next morning. A
Situation Report states that “the presence of any person in a public place within locations
designated and during the designated time period is prohibited.”13 (SITREP #5)

8:19 p.m.: The ACLU of Washington faxed a letter to the mayor‟s office objecting to
“the imposition of a curfew covering the entire downtown area of Seattle.”14

DECEMBER 1st

Sometime: The mayor signed a second general curfew proclamation, starting the curfew
at 7:00 p.m. and ending at 7:30 a.m. on December 2nd.15

Sometime between about 5:00 and 7:00 a.m.: According to the mayor‟s chronology, he
signed the first, incorrectly formatted gas-mask order at the EOC during this period.16
According to the order, until the civil emergency was terminated, “no person or entity
shall purchase, sell, convey, or transfer within the city limits, or possess or carry in a
public place … any device commonly known as a gas mask.”17 (It is not clear which
section of the SMC supports this proclamation. SMC 10.02.020, Paragraph E allows for
a prohibition on firearms and ammunition. Paragraph O allows for “Such other orders as
are imminently necessary for the protection of life and property,” which probably would
be sufficient to allow for the gas mask order.) The prohibition on gas masks does not
apply to law enforcement or the military. The order was later revised to exclude
“representatives of the press with proper credentials” from the provision as well.18

8:43 a.m.: EOC reported that a proclamation making gas masks illegal had been signed
by the mayor.19



10
   “Mayor Declares Civil Emergency [News Advisory]”, November 30, 1999
11
   Governor‟s Press Statement, prepared by EHB and David Chai, November 30, 1999
12
   EOC log, November 30, 1999
13
   Seattle EOC Situation Report #5, November 30 - December 1, 1999
14
   “Re: Tuesday WTO Protests”, letter from Aaron Caplan, ACLU, to Mayor Paul Schell, November 30,
1999
15
   Local Proclamation of Civil Emergency Order, December 1, 1999
16
   “Paul Schell -- WTO Chronology”, draft from files of Doug Carey
17
   Local Proclamation of Civil Emergency Order 2, not dated (December 1, 1999)
18
   Local Proclamation of Civil Emergency Order 2 (Revised), December 1, 1999
19
   EOC log, December 1, 1999


Staff Report to WTO ARC Operations Panel: Declaration of Emergency                       Page 2 of 8
Around 9:00 a.m.: According to the mayor‟s chronology, he signed the properly
formatted gas-mask order at Adobe/Aldus in Fremont at about this time.20

9:12 a.m.: SPOC noted the signing of the gas mask order.21

11:00 a.m.: Police Chief Norm Stamper announced the gas mask ban in a news
conference.22

Sometime: The Mayor signed a limited curfew proclamation (Emergency Order Number
3 [Revised]). According to this order, only the following groups of people may enter a
smaller area:23
          Delegates and personnel authorized by the WTO to participate in official
            WTO functions.
          Employees and owners of businesses within the limited curfew area and other
            personnel necessary to the operation of those businesses.
          Persons who reside within the limited curfew area
          Emergency and safety personnel.
Later two other groups are added: City officials with valid identification and
representatives of the press with proper credentials.24 The area was described as having
the following boundaries: Starting on the corner of 4th Avenue and Lenora Street, then
proceeding south on 4th Avenue to Seneca Street, then east on Seneca Street to the I-5
freeway, then north along the I-5 freeway to Boren Avenue, then north on Boren Avenue
to Pine Street, then west on Pine Street to 6th Avenue, then north on 6th Avenue to Lenora
Street, then west on Lenora Street to, and concluding at, 4th Avenue and Lenora.”25

5:30 p.m.: A news advisory saying that the State of Civil Emergency remains in place
was released.26

6:00 p.m.: US District Court Judge Robert Bryan rejected the ACLU‟s legal challenge of
the limited curfew. Judge Bryan found that the City had “sufficiently shown justification
for some reasonable restrictions on public freedoms.”27

DECEMBER 2nd

No time listed: The mayor shrank the limited curfew boundaries, according to the
Mayor‟s chronology.28 According to the proclamation, the curfew areas had the
following boundaries: Starting on the corners of 4th Avenue and Pine Street, then
proceeding south on 4th Avenue to Seneca Street, then east on Seneca Street to the I-5

20
   “Paul Schell -- WTO Chronology”, draft from files of Doug Carey
21
   SPOC Log Chronology, December 1, 1999
22
   “Judge tosses gas mask ban case from WTO”, Seattle P-I, February 18, 2000
23
   Local Proclamation of Civil Emergency Order 3, December 1, 1999
24
   Local Proclamation of Civil Emergency Order 3 (Revised), December 1, 1999
25
   Local Proclamation of Civil Emergency Order 3, December 1, 1999
26
   “State of Emergency Remains in Place [News Advisory]”, December 1, 1999
27
   News Advisory, office of Seattle City Attorney Mark H. Sidran, December 1, 1999
28
   “Paul Schell -- WTO Chronology”, draft from files of Doug Carey


Staff Report to WTO ARC Operations Panel: Declaration of Emergency                   Page 3 of 8
freeway, then north along the I-5 freeway to Boren Avenue, then north on Boren Avenue
Pine Street, then west on Pine Street to, and concluding at, 4th Avenue and Pine.29

Sometime: Sue Donaldson met with Kirk Phillips, head of security for the Municipal
Building, and Sean O‟Donnell to discuss the security situation in the Council Chambers.
They both “encouraged her to consider the security priorities.” Phillips told Donaldson
that “the Mayor‟s security and ESD security both strongly supported her decision and
that we would be willing to testify later if necessary.” Most likely, Phillips was referring
to Donaldson‟s decision to put off a council meeting to ratify the Mayor‟s emergency
order because of concerns that the Council Chambers could not be made secure.30

5:30 p.m.: A news advisory was released announcing the Mayor‟s reductions of the
limited curfew boundaries.31

9:30 p.m.: A news advisory was released with revised boundaries for the limited curfew
area. The east boundary was now defined as “north along I-5 to Pine and south to
Seneca.”32 (It‟s not clear exactly how this changed the boundary because Boren and Pine
intersect over the freeway.)

DECEMBER 3rd

7:00 p.m.: A news advisory was released announcing that the mayor was extending
enforcement of the limited curfew area until 7 a.m. on Saturday, December 4th.33

DECEMBER 4th

Noon: The mayor signed the proclamation terminating the civil emergency.34

DECEMBER 6th

The City Council adopted a resolution confirming the Mayoral Proclamation of Civil
Emergency and the civil emergency orders that were subsequently issued. The resolution
was adopted by a 6-3 vote, with the opposition comprised of Councilmembers Conlin,
Licata and Steinbrueck.35




29
   Local Proclamation of Civil Emergency Order 3 (2 nd Revised), December 2, 1999
30
   “Weekly Activity Log”, memo from Kirk Phillips to Jackie Campbell, December 7, 1999
31
   “Mayor Paul Schell Reduces Boundaries of Limited Curfew Area in Downtown Seattle [News
Advisory]”, December 2, 1999
32
   “Clarification: Boundaries of Limited Curfew Area in Downtown Seattle [News Advisory]”, December
2, 1999
33
   “Mayor Paul Schell Extends Limited Curfew Area Until 7 a.m. Saturday [News Advisory]”, December 3,
1999
34
   Mayoral Proclamation Terminating Civil Emergency, December 4, 1999
35
   Resolution 30099, adopted December 6, 1999


Staff Report to WTO ARC Operations Panel: Declaration of Emergency                        Page 4 of 8
What was the intent of each order?
Proclamation by the governor of a State of Emergency

Under the State of Emergency, the governor directed state agencies and departments “to
utilize state resources and to do everything possible to assist the affected political
subdivisions in an effort to respond to and recover from the event.” The proclamation
also ordered the Washington National Guard into active service.36

Mayoral Proclamation of Civil Emergency

The mayor signed the Proclamation of Civil Emergency “as a result of WTO-related
demonstrations that turned violent in downtown Seattle.”37 The Proclamation states that
the Mayor “determined that these circumstances result in or threaten to result in death or
injury to people, or the destruction of property, or the disruption of local government” to
the extent that extraordinary measures were necessary.38 In a state of civil emergency,
the Mayor has the power to make a variety of proclamations to protect public welfare.

General Curfew

The first emergency order under the state of emergency established a general curfew, a
large zone in downtown Seattle that was to be off limits to non-official personnel from
7:00 p.m. each evening until 7:30 a.m. the following mornings. The curfew order was
originally intended to end at midnight of December 3rd, but the mayor later extended the
curfew until 7:30 a.m. Saturday morning.39

Gas Mask Ban

The second emergency order under the state of emergency banned the use or trade of
devices known as gas masks. The order was made because, in the face of “civil
disturbances resulting in injury to persons and damage to property, … law enforcement
has observed that persons engaging in such civil disturbances have begun using gas
masks to thwart law enforcement‟s efforts to maintain peace and order.”40

Limited Curfew Area

According to the third emergency order under the state of emergency, “the Chief of
Police and other public safety officials … determined that the safety of WTO delegates,
dignitaries, citizens, public safety employees and protesters cannot be preserved without
reasonably limiting access to areas used by WTO personnel.”41 Thus, a limited curfew
area was established, with access granted only to only specified groups of people.
36
   Proclamation by the Governor, November 30, 1999
37
   “Mayor Declares Civil Emergency [News Advisory]”, November 30, 1999
38
   Mayoral Proclamation of Civil Emergency, November 30, 1999
39
   SMC 10.02.020
40
   Local Proclamation of Civil Emergency Order Number 2, December 1, 1999
41
   Local Proclamation of Civil Emergency Order Number 3, December 1, 1999


Staff Report to WTO ARC Operations Panel: Declaration of Emergency                Page 5 of 8
A list of frequently asked questions posted on the City‟s web site on December 2, 1999
answers the following questions: What does a no protest zone mean? Can protestors
protest in a no-protest zone as long as they are not impeding access? The response is that
the term „no protest zone‟ is a misnomer. The „limited curfew zone‟ is open only to
specific groups of people, but any member of one of those groups may lawfully exercise
his or her First Amendment rights within the zone.42

The wording of the orders carefully avoids describing what those permitted in the area
could and could not do once inside. The nature of the description those allowed,
however, suggests a limited range of activities. (e.g. A business person‟s reason for
being in the zone would be to attend to his or her business; a delegate could be there to
attend WTO functions; and a member of the media could be there to report on the event.)

How were the orders interpreted and enforced?
Many of the problems with the limited curfew area seem to have occurred in the
transition from proclamation to enforcement. A Washington State Patrol officer notes
that “orders [were] very vague as to who should pass and who should not be allowed”
into the limited curfew area.43

Testing the “no-protest zone” concept, an attorney, Harold Green, took a business card
and wrote “I PROTEST!” on the back. Approaching a police officer manning the
perimeter, he showed the business card and asked, “If I were to cross this line and display
this card, would I be subject to arrest?” The officer responded that he was subject to
arrest at that moment.44

WTO Situation Report #10 from the State EOC says that the “Mayor of Seattle issued
two proclamations … which significantly limit demonstrator activities.” The report then
paraphrases the gas mask ban and repeats the limited curfew perimeter and the list of
people who could enter the curfew area.45 The emphasis on restricting demonstrator
activity seems to come from the interpretation of the EOC officer.

It is unclear where the term „no-protest zone‟ came from. It is possible, however, that the
continued use of the term resulted in confusion over what was allowed in the limited
curfew area.

What complaints and concerns were raised?


42
   “Frequently Asked Questions - Civil Emergency”, Web site on Seattle Public Access Network,
December 2, 1999
43
   WTO After Action Report 12-13-99, (Washington State Patrol document number 00009662 - 00009667)
44
   American Civil Liberties Union of Washington v. City of Seattle and Paul Schell, United States District
Court Western District of Washington at Seattle, Declaration of Harold H. Green in Support of Motion for
Temporary Restraining Order
45
   WTO Situation Report #10, Washington State Military Department, Emergency Management Division,
State Emergency Operations Center, December 2, 1999


Staff Report to WTO ARC Operations Panel: Declaration of Emergency                             Page 6 of 8
The ACLU objected to the imposition of a curfew covering the entire downtown area of
Seattle. The curfew prevented “all citizens from pursuing their lawful business, including
the constitutionally protected business of peaceful, nonviolent protest.”46 Legal papers
were prepared requesting a temporary restraining order on the curfew. United States
District Court Judge Robert Bryan, however, rejected the ACLU‟s challenge.47

In a letter to the City Council, the director of the Defender Association urged
councilmembers to vote against the resolution confirming the mayor‟s emergency order.
He states that “The curfews and „no protest zones‟ established by the proclamation on
their face are unconstitutional prior restraints on speech and assembly.” The letter also
complains that the proclamation was unconstitutionally broad. And it expresses concern
that the gas mask ban “affected people‟s right to protect themselves in public.” There is
also a concern that the “climate of „emergency‟” led to the denial of rights to those
arrested.48 For similar reasons, the ACLU also exhorted the Council not to ratify the
emergency order.49

A report in the Seattle Times told of a woman who said “officers threatened to arrest her
if she didn‟t remove political stickers from her clothes.” Another man said he was jailed
for distributing copies of a political cartoon. A third man, Victor Menotti, who had WTO
credentials, was arrested shortly after talking to a group of protesters on a city sidewalk.
All three are taking part in a lawsuit filed by the ACLU against the City accusing the City
of violating their rights to free speech, peaceful assembly and due process.50

Problems also arose with the gas mask ban. In February a judge dismissed a case against
a man charged with violating the gas mask ban. The prosecutors acknowledged that they
could not prove the defendant knew of the ban when he came to downtown Seattle. The
matter further complicated by confusion about when the order went into effect.51

Finally, on the evening of December 1st, Councilmember Richard McIver was involved in
a confrontation with law enforcement officers manning the perimeter of the curfew
area.52 While his primary concern involved his handling by police, the incident also
raises concerns about the way in which the curfew was enforced. An officer‟s report on
the incident says that Councilmember McIver showed his business card upon
approaching the curfew perimeter. The officer stated that this was not an acceptable
procedure for entry into the curfew, because “Only official WTO credentials [were]

46
   “Re: Tuesday WTO Protests”, letter from Aaron Caplan, ACLU, to Mayor Paul Schell, November 30,
1999
47
   American Civil Liberties Union of Washington v. City of Seattle and Paul Schell, United States
District Court, Western District of Washington at Tacoma, Order Denying Without Prejudice Motion for
Temporary Restraining Order, Case No. C99-1938RJB
48
   Letter from Robert C. Boruchowitz, Director of the Defender Association, to members of the Seattle City
Council, December 5, 1999
49
   Letter from Gérard John Sheehan, ACLU, to the Seattle City Council, December 2, 1999
50
   “ACLU sues city over WTO „no-protest zone‟”, Seattle Times, March 8, 2000
51
   “Judge tosses gas mask ban case from WTO”, Seattle P-I, February 18, 2000
52
   “Councilmember McIver almost arrested by SPD [Press Advisory]”, from the Offices of Seattle City
Councilmember Richard McIver, December 2, 1999


Staff Report to WTO ARC Operations Panel: Declaration of Emergency                             Page 7 of 8
acceptable forms of identification.”53 The order as written, however, is not so restrictive.
In the first version of the order there is no provision for councilmembers to enter the
curfew area, but in a revised version those permitted to enter include “City officials with
valid identification.”54 While it is not clear that a business card is valid identification, it
is clear that the order did not restrict access to the curfew area to people with WTO
credentials. (Even the first version allowed for business owners and residents of the zone
to enter.)




53
     Report of Scott L. Lasher, Washington State Patrol, December 1, 1999
54
     Local Proclamation of Civil Emergency Order Number 3 (Revised), December 1, 1999


Staff Report to WTO ARC Operations Panel: Declaration of Emergency                      Page 8 of 8

								
To top