MYNORTHWEST NEWS

Seattle Attorney Davison appeals injunction on graffiti enforcement

Jul 6, 2023, 2:08 PM | Updated: Jul 7, 2023, 5:09 am

graffiti enforcement appeal...

Graffiti on a barricade inside the so-called "Capitol Hill Autonomous Zone" call for the abolition of police is an example of the type of protest at question in the case. (Photo by Toby Scott/SOPA Images/LightRocket via Getty Images)

(Photo by Toby Scott/SOPA Images/LightRocket via Getty Images)

After a federal judge ruled that the city of Seattle needs to stop enforcing its property crime ordinance as it relates to graffiti, Seattle City Attorney Ann Davison is looking to appeal that ruling.

In mid-June, U.S. District Court Judge Marsha Pechman ruled that the city cannot enforce its anti-graffiti because, as it’s currently written, it “poses a real threat to censorship.”

More on graffiti: Property damage still illegal in Seattle after judge clarifies decision

Now, Davison is looking to overturn that ruling on the grounds that the Seattle graffiti ordinance is constitutionally valid.

“The injunction restricts the City from appropriately addressing the growing problem of graffiti,” Davison said in a prepared statement. “The victims of graffiti – the public as a whole, business owners, property owners, and others – must have a voice. Graffiti is a crime that has an enormously negative and costly impact.”

Pechman’s ruling came in connection with a lawsuit filed by four people who used charcoal and chalk to write messages protesting police violence in early 2021 — on a temporary concrete wall outside the Seattle Police Department’s (SPD) East Precinct.

Even though the messages contained expletives and “anti-police” rhetoric, according to some Seattle residents, the judge said it falls under free speech.

Seattle’s ordinance said that graffiti is a gross misdemeanor, but the judge disagreed, saying the law is too vague, over-broad, and violates constitutional rights.

Michael Medved: ‘Graffiti is not free speech, it’s vandalism’

Initially, there was some confusion around what laws were unenforceable under the order since the city ordinance covers multiple types of property crimes, including smashing windows or destroying personal property. SPD released a statement that the department “cannot take action on damage to property under this law.”

The judge later clarified that the injunction is only related to the city’s laws around graffiti and that police are able to make arrests for other types of property crimes; the city attorney’s office announced they would “immediately resume charging cases of property destruction.”

MyNorthwest News

Authorities issued a Level 3, Go Now, evacuation advisory for a new wildfire called the Goat Fire i...

Tom Brock

EVACUATE NOW: Goat Fire spikes to Level 3 in Upper Cle Elum Valley

Authorities are ordering evacuations for a new fire, called the Goat Fire, in the Cle Elum Valley of the Cascade Mountains.

6 hours ago

evacuations yakima county colwash fire...

KIRO 7 News Staff

Level 3 evacuations in Yakima County for Colwash Fire

Level 3 GO NOW evacuations are in effect in Yakima County for the Colwash Fire.

11 hours ago

boeing strike union...

Heather Bosch, KIRO 7 News

Boeing union ready to strike after rejecting contract offer

Members of one of Boeing’s biggest unions have rejected a contract offer from the company and have authorized a strike if further talks fail.

11 hours ago

olympia gunfight dead...

KIRO 7 News Staff

2 dead in Olympia gunfight

Just before midnight Friday, Olympia Police Department officers responded to a disturbance in the 2200 block of Harrison Avenue NW.

11 hours ago

Central Pierce Fire & Rescue crews patrolling the Little Giant Fire at night, looking for hot spots...

Tom Brock

From the front lines to home: Pierce County firefighters wrap up two-week battle

Local firefighters battling what may be the largest wildfire in Chelan County history have now returned to the Puget Sound region.

1 day ago

traffic weekend closure...

Paola Tristan Arruda, KIRO 7 News

Weekend traffic headaches ahead: Major closures planned on I-405, SR 520/Montlake, and SR 99

Drivers traveling around the Puget Sound region this weekend should prepare for yet another weekend of delays as several major road projects overlap across King County.

2 days ago

Seattle Attorney Davison appeals injunction on graffiti enforcement