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

power outage...

MyNorthwest Staff

Power restored in Capitol Hill

Power has been restored in Seattle's Capitol Hill neighborhood.

8 hours ago

ferry terminal repairs orcas island...

MyNorthwest Staff

Orcas Island ferry terminal repairs could take 2 weeks as large vehicles remain restricted

Repairs to the Orcas Island ferry terminal’s transfer span could take up to two weeks after engineers found cracks in two supporting steel beams.

10 hours ago

Wilson (1)...

James Lynch

Seattle council to vote on overriding Wilson’s RV permit veto Thursday

A showdown is brewing between Seattle Mayor Katie Wilson and the Seattle City Council over RV parking.

10 hours ago

Otter Bar...

Paola Tristan Arruda, KIRO 7 News

Otter Bar to close after seven years as Eastlake construction, rising costs take toll

After seven years in Seattle’s Eastlake neighborhood, Otter Bar is preparing to close its doors for good.

11 hours ago

Sound Transit light rail car stuck...

Frank Lenzi

Car gets stuck near Rainier Beach station in Seattle’s second light rail track incident this year

For the second time this year, a car got stuck on Seattle light rail tracks.

11 hours ago

seattle drug trafficking ghost gun...

MyNorthwest Staff

Seattle man sentenced to 5 years for drug trafficking while armed with ‘ghost gun’

A 24-year-old Seattle man was sentenced Friday to five years in prison for dealing cocaine while armed with a 9mm polymer gun with an extended magazine.

12 hours ago

Seattle Attorney Davison appeals injunction on graffiti enforcement