Suit filed over Seattle gun ban

A Seattle man who brought a gun into a Seattle community center to challenge the city's ban on guns in city parks filed a lawsuit Friday against the city and Mayor Greg Nickels.

Bob Warden, 44, an attorney, said the right to bear arms is guaranteed by the Second Amendment and that states and local governments cannot ban the carrying of handguns for self-defense. Warden said he's had a concealed-weapons permit since the early 1990s and is a certified pistol instructor.

He carried his Glock pistol into the Southwest Community Center — run by Seattle Parks and Recreation — on Nov. 14 and immediately was asked to leave, which he did. But he vowed to file a lawsuit over Nickels' new ban on carrying guns in certain park facilities.

The ban went into effect in October, and since then the National Rifle Association and other gun-rights organizations and individuals have filed suit against the city.

But Warden said those plaintiffs might not have standing because they haven't been denied admission to a city facility.

The Second Amendment allows states to regulate the manner of carrying handguns, says Warden's lawsuit, filed in U.S. District Court in Seattle. And state Attorney General Rob McKenna said after the gun ban was announced that state law generally pre-empts local authority to adopt firearms regulations. McKenna's opinion was included in Warden's suit.

Nickels argues state law does not prohibit a property owner from imposing conditions on the possession of firearms on his or her property. The mayor contends a municipal property owner such as Seattle can impose limits on firearms as a condition of entry or use of particular facilities, especially those where children are likely to be.

Warden had announced earlier that he planned to test the law by trying to carry his gun into the West Seattle community center, and officials were ready for him.

"At the time Warden was expelled, the facility was bustling with weekend activity," he said in his lawsuit. "A large number of individuals of all ages were enjoying unrestricted access ... Warden was singled out, and was alone in not being allowed to enjoy the various events and services provided to the general public only because Warden was exercising his constitutional and legal right to carry a pistol."

Warden said he is seeking "nominal damages" of $1, plus attorney fees and court costs.

He said he wants the court to award punitive damages against Nickels "to be sufficient to effectively deter future Washington municipal officials from behaving with reckless or callous disregard for federally protected rights."

Information from The Seattle Times archives is included in this report.

Susan Gilmore: 206-464-2054 or sgilmore@seattletimes.com