MAJOR CLASS ACTION FILED V. CITY OF SEATTLE, SEATTLE MAYOR SCHELL, AND FORMER POLICE CHIEF STAMPER FOR UNCONSTITUTIONAL ACTS DURING WTO
by Rauvin
On October 3, 2000, in a long awaited announcement in Westlake Park, where many of the WTO protestors were arrested, a team of progressive civil rights attorneys announced the filing of a major class action lawsuit against the City of Seattle, Mayor Schell and former police chief Norm Stamper for violation of civil rights during the WTO protests last November/December.
The suit is being spearheaded by the Trial Lawyers For Public Justice (TLPJ), a national public interest law firm. The legal team, in addition to Arthur Bryant the executive director of the TLPJ, will include Seattle attorneys Steve Berman and Ben Schwartzman as lead plaintiffs' counsel, Victoria Ni, Mike Withey, Fred Diamondstone, Yvonne Kinoshita Ward, John Muenster and professor Erwin Chemerinsky of the University of Southern California Law School.
The suit, although initially brought on behalf of 4 individuals, seeks to be classified as a class action under federal law. The class is expected to include in excess of 600 individuals, all of whom were arrested during the WTO protests, both within and outside of the so-called "no-protest zone".
The primary allegation in the suit is that the "no-protest zone", declared by mayor Schell in response to the mass demonstrations against the WTO ministerial, was blatantly unconstitutional and that therefore all those arrested for allegedly being within the "zone" were arrested wrongfully and are entitled to damages. The suit also addresses those individuals arrested outside the "zone" for nothing more than expressing their constitutionally protected right to peacefully express their views. The suit seeks unspecified damages for the wrongful arrests and punitive damages against the City. The suit includes claims of violations of the Washington State constitution as well as the U.S. constitution.
Berman told reporters that peaceful citizens who were doing nothing more than exercising their constitutionally protected rights to assemble and dissent were "hunted down and incarcerated" wrongfully. Quoting from a U.S. Supreme Court decision, Berman said that we must make sure that the "cherished right" to express dissent is protected.
Plaintiff Jennifer Hudziec, one of those arrested at Westlake Park and subjected to police harassment said that her motives in being part of the lawsuit was to bring to light a "disturbing trend toward the stifling of voices of dissent in this country", to "hold responsible officials accountable" and "as an act of solidarity with those around the world struggling against oppression".
Lead counsel Berman said that the suit also addresses the SPD policy of arresting people protesting outside he "zone". Berman also said that the suit will address police brutality experienced by those individuals in the subject class.
The ACLU has already filed a suit challenging the constitutionality of the no-protest zone. That case is pending. If the ACLU is successful in having the "zone" declared unconstitutional, the TLPJ class action will benefit immensely and the case will probably proceed to the damages phase, with the constitutionality issue having already been decided. Other individuals who were victims of illegal police misconduct and brutality have also filed numerous individual actions and claims against the city.
For background information about the suits, the ACLU and NLG have extensive reports posted on the Seattle IMC site (www.seattle.indymedia.org ).
If anyone would like to consider joining the class action suit, contact Steve Berman's office in Seattle at 206-623-7292 (and forward this to other potential plaintiffs).:
