and in the process gives himself standing to sue...
note for the masses:
1) this is not a 2nd amendment issue. it is a WA state constitution issue, which is quite explicit about the right to bear arms. Any state may recognize broader rights than the federal constitution. Many do. Even if one does not believe the 2nd protects a right to keep and bear etc. , it's irrelevant. WA constitution holds, and is a very clear explanation of that right
2) there is ALSO a state law that pre-empts any locality from passing any law that is more restrictive of firearms than the state standard.
3) mayor nickels passed this regulation by "executive order" ... shades of bush usurping power
4) the attorney general has already come out and stated in writing that the seattle gun ban is illegal
5) in other locations with such bans, such as Kitsap County, these bans are unenforceable and in fact are NOT enforced, see:
On May 31, 2009, Washington OpenCarry members held an open carry protest picnic at Silverdale's Waterfront Park, a county park. Attendees openly carried handguns, in violation of posted regulations prohibiting firearms at the park. Kitsap County Sheriff's deputies were on hand, in part to explain to the public why they weren't enforcing the park's posted gun ban. State law allows the open carrying of firearms, and specifically preempts local ordinances more restrictive than the state's. Kitsap County not only has left its parks gun ban on the books, but continues to publicly post it with other park regulations. Because the law is not practically enforceable, county deputies appear to be showing disregard for the county's law, making it unclear to many gun owners what is tolerated
source: wikipedia and various news sources
the man announced his intention to police,the media etc. and in fact showed up to exercise his rights. he was told to leave, and did so, and thus now has standing since his rights were violated. my prediction: either seattle will settle with him pretrial, or he will win at trial. the case law is clear.
http://www.komonews.com/news/local/70112817.htmlSEATTLE - A Kent man carried out a promise to "exercise his right to bear arms" by carrying a holstered Glock pistol into the Southwest Community Center on Saturday at high noon. Bob Warden, 44, says his actions are in protest of the city of Seattle's recent decision to ban firearms from certain community centers and parks where children are typically present. Warden, who says he has a current valid Washington state license to carry a concealed weapon, announced his intentions in an e-mail Friday morning to media as well as to the city of Seattle, including the police and city attorney. And he was as good as word, showing up at the West Seattle community center at 2801 SW Thistle Street, as promised. Also there were a number of reporters, cameraman and photographers from Seattle media outlets.
Parks Department employee Lisa Harrison asked Warden to leave - and leave he did.
Warden said he believes this may give him legal standing to file a lawsuit over the gun ban at Seattle city facilities. "I'm not here as a Second Amendment activist," Warden said in an interview with the seattlepi.com. "I'm here as a citizen who believes in the rule of law." He says he is an attorney, licensed to practice in Washington, and that when he took his oath of attorney he promised to support the Constitution. Last month, Seattle Mayor Greg Nickels banned guns on such city facilities as parks and community centers where children gather. Signs banning guns have since been posted at city parks. Warden said he took action because he believes the ban is illegal. He noted that the state Attorney General's Office has said so.
"They know full well it's illegal, but they went ahead and did it anyway," Warden said Friday, adding that he is not a member of the National Rifle Association.
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