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Spokane OC Issues

fetch

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Does anyone know if RCW 9.41.270 has been rewritten because of the Casad case?
Until the RCW 9.41.270 is rewritten, Casad or not, it will be that way in the Spokane Municipal Code, (SMC).
From my understanding the Casad case can only come into play after a warrants alarm incident has happend.

The SMC quotes the first paragraph of RCW 9.41.270 word for word. The city att was adamant about pointing out the wording in all of the first paragraph, not just the warrants alarm part, of RCW 9.41.270.

The city att knows it is legal to OC on city owned property, parks, etc. because of RCW 9.41.290. Our conversation was that it falls on our sholders to not incur the unlawful circumstanses of RCW 9.41.270.

This again brings us back to educating the people to the point that walking through a park OC'ing, no matter the time of year or event, does not cause alarm of any kind. OC'ing has to become a common sight.
 

K_Bjornstad

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We should all quit arguing and get the main point across. What Fetch is saying is that we need to make OC as common as women carrying purses or men wearing pagers and cell phones on their belts. We all need to stop bickering and come together for the same cause and not get our panties in bunches because we all don't see eye to eye. We need to just stick together and come together so that our kids can OC and noone will give it a second glance.
 

911Boss

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fetch wrote:
Does anyone know if RCW 9.41.270 has been rewritten because of the Casad case?
Until the RCW 9.41.270 is rewritten, Casad or not, it will be that way in the Spokane Municipal Code, (SMC).
From my understanding the Casad case can only come into play after a warrants alarm incident has happend.

The SMC quotes the first paragraph of RCW 9.41.270 word for word. The city att was adamant about pointing out the wording in all of the first paragraph, not just the warrants alarm part, of RCW 9.41.270.

The city att knows it is legal to OC on city owned property, parks, etc. because of RCW 9.41.290. Our conversation was that it falls on our sholders to not incur the unlawful circumstanses of RCW 9.41.270.

This again brings us back to educating the people to the point that walking through a park OC'ing, no matter the time of year or event, does not cause alarm of any kind. OC'ing has to become a common sight.

So clarify this point, did the city attny lead you to believe that he believes OC does "warrant" alarm?

There are ALWAYS going to be those who are alarmed by something. The court will (has) decided whether it was "warranted". Is he say if people are alarmed it is warranted and so we have to educate people so they won't be alarmed, only then we are protected? That makes no sense whatsoever.

I am "alarmed" by clowns, does that mean they are illegal?

Now I am confused...
 

911Boss

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K_Bjornstad wrote:
We should all quit arguing and get the main point across. What Fetch is saying is that we need to make OC as common as women carrying purses or men wearing pagers and cell phones on their belts. We all need to stop bickering and come together for the same cause and not get our panties in bunches because we all don't see eye to eye. We need to just stick together and come together so that our kids can OC and noone will give it a second glance.
Agreed, but that doesn't mean that until we do we should be subject to arrest, etc.

I think the only disagreement here is trying to understand what the city attny meant, whether someone "being" alarmed qualifies as "warrants" alarm as mentioned in 9.41.270 or was only saying "don't e surprised if someone calls".

If he means anyone being alarmed is "warranted" then I am going to have to agree with bear. PLEASE don't make me do that!!!!
 

fetch

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Thank you 911boss for the wording,

"I think the only disagreement here is trying to understand what the city attny meant, whether someone "being" alarmed qualifies as "warrants" alarm as mentioned in 9.41.270 or was only saying "don't be surprised if someone calls".
Yes, he knows merely OC'ing is not enough for warranting alarm, and was only trying to get across the "don't be surprised if someone calls" part. This was only the first meeting. We will have to see after the revised training bulletin is issued.
 

911Boss

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fetch wrote:
Thank you 911boss for the wording,

"I think the only disagreement here is trying to understand what the city attny meant, whether someone "being" alarmed qualifies as "warrants" alarm as mentioned in 9.41.270 or was only saying "don't be surprised if someone calls".
Yes, he knows merely OC'ing is not enough for warranting alarm, and was only trying to get across the "don't be surprised if someone calls" part. This was only the first meeting. We will have to see after the revised training bulletin is issued.
OK, I feel better now and stand behind all my previous posts in this thread. Sorry bear, not today..
 

Bear 45/70

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Union, Washington, USA
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911Boss wrote:
Bear 45/70 wrote:
It doesn't matter if the cops are sent because of a 911 call initiated by a sheeple. When the cops see no illegal activity, their job is actually done, because anything more than a social contact is actually illegal for the cops, that includes a Terry stop. So what's the problem if the cops are called? I still don't understand how you figure the City Attorney didn't plant the "warrants alarm" idea in the OP. Since anyone who's been here for any length of time knows better.

I agree, nothing wrong with the cops going out, it is what they do when they get that may become a problem (ie-tell person it is illegal, sieze the gun, etc.).

The point I am trying to make is I think you are blaming the city attny for merely pointing out that some people will be alarmed and call when they see a gun. Pointing that out as a possible (and even likely) reaction is not the same as saying such alarm is warranted or suggesting that if people call their complaint is legitimate.

I read this as the attny agrees OC is legal but merely offered that people might call about it. Not as a threat or warning, but just as a "don't be surprised if it happens" thing. That is different than saying "Sure it's legal but if anyone calls, then I could try you for "warranting alarm"".

I took the OP to mean, "I have clarified this with the city attny, now the next step is to educate the public". Not as "We have to educate the public otherwise the city attny is going to prosecute us".

I still think you are reading into it....
Yes, they can be alarmed, but it has to bereasonably alarmed as a normal person not a phobic. That's what theCasad court said at least and as long as it is the only case we have to go on, it is the rules they have to live by.
 

olypendrew

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Port Angeles, Washington, USA
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Interesting thread, glad to see people trying to head off potential problems before the SWAT team is called out to someone's picnic.



Just wanted to add that the City Attorney does not work for "us," even if "us" is the people of the city. He actually represents the city itself, as a separate entity. The city is his client, the party to whom he owes his duties and loyalty.
 

Bear 45/70

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olypendrew wrote:
Just wanted to add that the City Attorney does not work for "us," even if "us" is the people of the city. He actually represents the city itself, as a separate entity. The city is his client, the party to whom he owes his duties and loyalty.
True, but he issuppose to follow the law and advise his client, the city and the powers that be of the city, to follow the law. Not pervert it for political purposes.
 
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