Former police chief testifies that city didn't order WTO protesters' arrest

Former Seattle Police Chief Norm Stamper said the city did not establish a policy on Dec. 1, 1999, to arrest people protesting against the World Trade Organization, and he said he would have resigned rather than enforce such a directive.

Stamper testified Tuesday in a federal civil trial on a class-action lawsuit against the city of Seattle brought on behalf of anyone detained during mass arrests at Westlake Park. Eight people arrested Dec. 1, 1999, are serving as lead plaintiffs.

The plaintiffs contend that the city violated their First Amendment right to free speech by arresting them because they were espousing anti-WTO sentiments. They also say the city violated their Fourth Amendment protections against unreasonable search and seizure.

To prevail, the plaintiffs must demonstrate that such unconstitutional acts were made in accordance with official city policy, or that city leaders such as Stamper were aware of and authorized the improper behavior.

Ted Buck, an attorney representing the city, asked Stamper if then-Mayor Paul Schell instructed the police to seek out and arrest protesters.

No, Stamper said.

Had Schell given him such orders, Stamper said, "I would have fought it. If I had lost that battle, I would have offered my resignation."

Sporting a full white beard and wearing a black pin-stripe suit, Stamper spoke in calm, confident tones about the tumultuous events that made him an international lightning rod in late 1999 and hastened his departure as police chief in February 2000.

In 2005, Stamper published a book titled "Breaking Rank: A Top Cop's Exposé of the Dark Side of American Policing," in which he accepted responsibility for the Seattle Police Department's poor preparation for the WTO protests.

Michael Withey, an attorney for the plaintiffs, Tuesday sought to establish that then-Assistant Chief Ed Joiner, acting with Stamper's authority, declared a "no-protest zone" in the downtown area near the Seattle Convention Center, where WTO meetings were taking place.

During a 7 a.m. news conference Dec. 1, 1999, Joiner declared that "anyone that goes into that area to protest will be arrested immediately," according to a transcript Withey introduced into evidence.

Stamper said he delegated Joiner to plan the department's tactics and strategy ahead of the WTO meetings and gave Joiner operational command during the meetings.

But, Stamper added, Joiner never had authority to set policy for the department.

On Nov. 30, 1999, Seattle erupted in chaos as some 50,000 people arrived to protest the policies of the WTO.

Hoping to avoid a second day of unrest, Mayor Schell in the early hours of Dec. 1 issued "Emergency Order No. 3," which declared parts of downtown Seattle off-limits to all but a handful of people.

Among the exempt groups: WTO delegates and workers; residents of the area; business owners and employees; and safety personnel.

The order said nothing about banning protesters from the area.

"From the beginning of this event to this day, I do not refer to a 'no-protest zone,' " Stamper said.

Stamper lives on Orcas Island, where he spends much of his time writing.

"I'm writing a screenplay, and I'm on page 55 of a novel," Stamper said. He declined to discuss what either is about.

He may not relish returning to a Seattle courtroom to relive the events surrounding the 1999 WTO meetings, but he expressed no bitterness about it.

"The wheels of justice grind slowly sometimes," Stamper said. "It's an obligation, and I'm happy to perform it."

Stamper is expected to conclude his testimony this morning.

David Bowermaster: 206-464-2724 or dbowermaster@seattletimes.com