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Spokane Municipal Code 10.10.050

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surfj9009

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Jan 7, 2008
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Spokane, WA, ,
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fetch wrote:
Orphan, This is what surf and I have been addressing here in Spokane for the past year. The city attorney and police are fully aware of state preemption. They (the city) know we are well within our rights as to where we can OC. It is clear the city is not going to voluntarily change the codes. Talking with a council member I was told a law suit is what it is going to take to get the city to change the codes.
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I can confirm this, as I was present with the City Attorney's office and the Police Training Coordinator when it was discussed.

I was also pretty much told the same thing from my city council rep as well.......

I am glad to hear that you guys OC'ed the tea Party. i wish I could have been at home, I would have been right there with ya!
 
B

BobR

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Jun 12, 2007
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West Plains, ,
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How does the city prosecutor play into the enforcement of preempted codes?

If he refuses to prosecute, doesn't that make the code, for all intents and purposes, invalid.

You could still be "talked" to by the police, removed from the area under their idea of what is right, but isn't that as far as it will go?

I know even that happening is inappropriate, I am just wondering about the posecution part.

bob
 
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joeroket

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Dec 5, 2006
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Everett, Washington, USA
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It sounds like the city wants to keep the law on the books in an attempt to give the officers an offense to arrest for violating therefore giving the police "qualified immunity". Just my guess because i see no other reason to keep a code on the books that they know is not prosecutable.
 
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heresolong

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Oct 4, 2007
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Blaine, WA, ,
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joeroket wrote:
It sounds like the city wants to keep the law on the books in an attempt to give the officers an offense to arrest for violating therefore giving the police "qualified immunity". Just my guess because i see no other reason to keep a code on the books that they know is not prosecutable.
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Keep copies of any and all correspondence with the city and the city attorney regarding this issue. Get tapes of all conversations and each city council meeting in which you bring it up.

At that point, if anyone is arrested for violating this municipal code they would have a good case for arguing that the police no longer have "qualified immunity" because they were notified on numerous occasions that the code in question was illegal. You would then have a pretty decent civil rights lawsuit on your hands.

I would also attend a few council meetings and ask to be put on the agenda. Bring up things like 42USC1983 and the possible liability of the city for false arrest, etc.
 
J

joeroket

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Joined
Dec 5, 2006
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3,339
Location
Everett, Washington, USA
imported post

heresolong wrote:
joeroket wrote:
It sounds like the city wants to keep the law on the books in an attempt to give the officers an offense to arrest for violating therefore giving the police "qualified immunity". Just my guess because i see no other reason to keep a code on the books that they know is not prosecutable.
Click to expand...
Keep copies of any and all correspondence with the city and the city attorney regarding this issue.  Get tapes of all conversations and each city council meeting in which you bring it up.

At that point, if anyone is arrested for violating this municipal code they would have a good case for arguing that the police no longer have "qualified immunity" because they were notified on numerous occasions that the code in question was illegal.  You would then have a pretty decent civil rights lawsuit on your hands.

I would also attend a few council meetings and ask to be put on the agenda.  Bring up things like 42USC1983 and the possible liability of the city for false arrest, etc.
Click to expand...

I agree. Have they actually notified the patrol officers that the code is invalid and not to enforce it?
 
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