Originally published November 13, 2009 at 12:48 PM | Page modified November 14, 2009 at 2:14 PM
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Man says he will protest city's gun ban by carrying gun into community center
A Seattle man said he plans to carry a gun into a Seattle community center Saturday to protest Mayor Greg Nickels' ban on carrying guns into city parks.
Seattle Times staff reporter
A Seattle man said he plans to carry a gun into a Seattle community center today to protest Mayor Greg Nickels' ban on carrying guns into city parks.
"As a courtesy, this is advance notice that at noon tomorrow, Saturday, November 14, I plan to exercise my legal right to bear arms in Seattle's Southwest Community Center, 2801 SW Thistle Street." said Bob Warden in a letter to the Seattle Parks Department. "I will be safely and securely carrying my holstered Glock pistol. I have a current valid state of Washington license to carry concealed."
Warden said he has been an attorney in Washington state since 1991, but he doesn't currently practice law and works in labor relations for an unnamed federal agency in the Seattle area. He said he will take a gun into the community center because the city's new gun ban "was promulgated in knowing and blatant violation of state and federal law."
The ban went into effect last month in certain park facilities and eventually will affect hundreds of playgrounds, community centers, sports fields, swimming pools and water-play areas.
Nickels in September proposed the ban specifically to protect children, but the move immediately drew criticism from gun-rights advocates and questions about its legality.
State Attorney General Rob McKenna said after the gun ban was announced that state law pre-empts local authority to adopt firearms regulations, unless specifically authorized by law.
Nickels said state law does not prohibit a property owner from imposing conditions on the possession of firearms on his or her property.
According to Nickels, the city believes a municipal-property owner such as Seattle may impose limits on firearms as a condition of entry or use of particular facilities, particularly those where children and youth are likely to be.
Four gun-rights groups and five individuals said last month they are suing the city of Seattle and Nickels over the new ban on guns in city parks.
But Warden said Friday he believes the plaintiffs may not have standing because they haven't been denied admission to a city park, and parks officials confirmed Friday the issue has not arisen at any facility.
"I expect their suit may be dismissed," he said, adding that he intends to file his own lawsuit if denied admission to the community center.
"I will do so promptly, and I will have legal standing," said Warden, 44, a graduate of the University of Washington law school. "I don't think public officials should get away with ignoring the law."
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He said he will use McKenna's opinion in his suit.
He said he informed the city about his plans because "I don't want to play hide the ball." Further, he doesn't want anyone to get hurt.
Nickels' spokesman Alex Fryer said if Warden "has a firearm, we'll tell him he must leave the community center."
He said if turned away today he will comply, and he described what he would be wearing so he'll be easy to identify.
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