Ignored by City Council & Mayor! What now!?

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Recently I have been trying to make a big difference in the Wenatchee Valley. If any of you are unfamiliar with the area; I should explain one important thing. Wenatchee is separated down the middle by a river that divides the town into two different counties. One is Chelan county on the west and the other is Douglas county on the east. I live in Wenatchee and I am trying to get ahold of the city council for East Wenatchee which is just across the river. The Wenatchee municipal codes are fine.

While I was at the website for East Wenatchee parks (http://www.eastmontparks.com/) I noticed that they had unlawfully prohibited firearms from city parks. They cited a municipal code that no longer applies because of Washington state preemption. I contacted the park board and director and after only two weeks of discussion, the issue was resolved and the wording was changed.

I shared the story with all of you here (http://opencarry.mywowbb.com/forum55/31998.html) and there was a suggestion that I should try to get the municipal code changed. I took that to heart and set out to contact the city council about it.

Over the course of two months time, I've now emailed Dave Bremmer (city council member #1) about the municipal code in question and I have not gotten one single response from him. So I took things up a notch and I emailed the entire city council as well as the mayor of East Wenatchee. It's now been over a week and not a single response has graced my inbox.

So here is what I have done; I have emailed the Wenatchee World newspaper in regards to what I believe is a conspiracy to uphold draconian regulations that do not apply to lawful citizens. The lack of concern for upholding Washington state law and the interests of citizens reeks of the worst kind of abuse of their authority. I think that the public should be informed about their neglect of issues being presented to them, so that everyone may see them for who they are!

What I would like from all of you, is for anyone interested to send a respectful, but definitely meaningful email to the city council and the mayor of East Wenatchee requesting them to review the issue and make public a plan to change the municipal code so that it reflects Washington state law properly.

Here is a copy of the email that I initially sent to Dave Bremmer, and have since sent to him two or three times as well as sending copies to the entire city council and even the mayor of East Wenatchee!

Dear Dave,

I am writing to you about a city municipal code that I believe is outdated and no longer reflects Washington state law. The municipal code in question is 12.12.040 which states:

12.12.040 Firearms and explosives.

It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, bows and arrows, B.B. gun or use any slingshot in any park except designated recreational areas provided for such activities. (1967 code § 8.40.040)

However, RCW 9.41.290 prohibits the city from banning firearms on city property and at facilities. This is the text from RCW 9.41.290 which states:

RCW 9.41.290
State preemption.

The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

You can find this state preemption here: http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290

I'm concerned about the text in the city municipal code that prohibits the lawful carry of a firearm. I think that you should have the text "to carry any firearm" removed from the municipal code entirely as to reflect state preemption and current law.

Thank you for your time in reading my email. I am looking forward to a response from you.

Signed,

D.

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I forgot to include a link to the East Wenatchee city council members and their email addresses:

The website for East Wenatchee: http://www.east-wenatchee.com/

City Council Members: http://www.east-wenatchee.com/index.php?page_id=310

The Mayor: http://east-wenatchee.com/index.php?page_id=322&staff_id=10

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In my endeavor to address the gun prohibitions in Yakima, the steps I took actually ended up prolonging the conclusion but I was able to find some support along the way though. With the Police Chief and a Council Member.


I also started out writing emails, letters to City Attorney, Police Chief, Council Members and Mayor to include making phone calls with little to almost no response for the majority.


I was headed no where fast until I realized why I was not receiving responses.
Many in office will not respond unless you request a specific action, otherwise they assume it to be informative for them to read and once they have they are done.


So to move beyond this I choose to make it a matter of Public Record and I attend the next Council Meeting and signup for Public Comment portion and presented my case.



I Approach this in a respectful manner and avoid confrontational attitude and dealt with facts.


Steps I took to accomplish this:

1. I Attended a City Council Meeting and signed up for Public Comment Period.
   1. And presented my case to have these violating ordinances by citing them and supporting laws that prohibit the Cities Ordinances, one could add a couple of issues that will internalize why we carry for protection.
   2. I clearly stated what I wish to happen to correct the violations.
      
   3. I provided hand outs for the Mayor, Council Members, City Attorney and Secretary. (There is now a public record)
      
2. I requested that the City Council direct the City Legal Department to research the information and provided a recommendation at the Council Meeting.
3. The next Council Meeting the research was heard and reviewed and then the Council make a motion to repeal the violating Ordinance which passed 7-0.
4. I internalized this actions as the ordinance was disarming the law abiding so the gangs and criminals go about their criminal activity and especially during a time of an emergency.
   

Ensure you check the Council Meeting Agenda on the Cities website so you are not caught off guard and make sure you attend each and every meeting, especially if you feel it is going your way.

Remember if you are not there to be heard on the issues then you maybe unhappy with the results.

Be prepared to argue Cherry v Metro and PNSPA v Sequim even though neither applies in this but some may try to drag it in.

Remember many of these Ordinances to include Emergency Powers prohibiting firearms be in the park or outside the home where put in place long before the vast majority of the Council and Mayor that currently hold the office now.

So in conclusion, you must present this to where someone has the authority to make this happen, make it a public record, educate those who can vote, be respectful and get a set time for completion.

Good luck to each and everyone of you.

Dave

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Daath 474 wrote:

Dear Dave,

I am writing to you about a city municipal code that I believe is outdated and no longer reflects Washington state law.

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City code isn't supposed to reflect WA State law, so this part doesn't make sense. You should reword this to say that the city code as written conflicts with preemption, and is unenforceable.


Just telling them (including the newspaper) the code is wrong will not warrant immediate action on their part. You want immediate action, so you need to demonstrate why immediate action is necessary. If you point out the danger to citizens and police officers that the codes present, you will get their attention.

How does the code endanger anyone? If the code is on the books and the park is signed to forbid firearms, then a police officer, believing the code is enforceable and lawful, may react by drawing his weapon and pointing it at a person who is lawfully carrying a firearm. This is an unsafe and critically dangerous condition. Point out that there are youtube videos showing police officers involved in accidental shootings, so they DO happen. Urge them to remedy this immediately.


Since you have previously demonstrated the city code is unenforceable and illegal under WA law, they are aware of the potentially dangerous situation. If they are aware of a danger and do nothing to rectify that danger, they become legally liable if the danger results in an injury or death. It’s no different than if there was a razor sharp edge on the slide in the playground. If you sued them because your child was injured, but they weren’t aware of the danger, you lose. If they were made aware of the danger the slide posed but didn’t do anything about it, you would win.


Telling them won’t help unless you point out how it can hurt them. They likely know it’s unenforceable but choose to ignore it in the hopes that it will deter most people from carrying firearms in the park. Right now, they believe they’re getting their gun ban and it poses no risk to them. You need to demonstrate how that belief is wrong.

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UPDATE!

I just got an email from a member of the Wenatchee World staff. She attended a meeting with the city council tonight (I wasn't able to on short notice) and said that the information has been passed to the city attorney to be reviewed.

She was going to ask Dave Bremmer why he was ignoring my emails, but he was absent from the meeting. I'll be going to the next one and I'll ask him myself.

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Daath 474 wrote:

UPDATE!

I just got an email from a member of the Wenatchee World staff. She attended a meeting with the city council tonight (I wasn't able to on short notice) and said that the information has been passed to the city attorney to be reviewed.

She was going to ask Dave Bremmer why he was ignoring my emails, but he was absent from the meeting. I'll be going to the next one and I'll ask him myself.

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Why not wait and asked him after the ordinance is repealed, you never know he maybe the deciding vote.

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*UPDATE*

I got a response from a city council member that confirmed that the information has been passed to the city attorney. I thanked them in an email that also outlined the importance of safety in the matter of clarifying the law. I will also be contacting the city attorney, hopefully in person to discuss the matter. I've made it known that I am willing to attend any and all meetings regarding the matter with the city council.

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Daath 474 wrote:

*UPDATE*

I got a response from a city council member that confirmed that the information has been passed to the city attorney. I thanked them in an email that also outlined the importance of safety in the matter of clarifying the law. I will also be contacting the city attorney, hopefully in person to discuss the matter. I've made it known that I am willing to attend any and all meetings regarding the matter with the city council.

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Daath 474 great to hear, do not make the mistake and not attend a council meeting where decisions on this issue will be made, otherwise you may have something passed that is not in align with State Law or what you were wanting to accomplish.

The old saying of "if you want it done right, do it your self".

Once they pass a new ordinance or take action they are unlikely wanting to change it again.

Dave

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I am certainly glad that steps in a good direction are still being made here in WA. This is certainly encouraging. Is there a way that I can get involved?

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kito109654 wrote:

I am certainly glad that steps in a good direction are still being made here in WA. This is certainly encouraging. Is there a way that I can get involved?

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There are still TONS of cities that are out of compliance. Pick one and start writing them with requests to fall in line with preemption.

Start here...

http://opencarry.mywowbb.com/forum55/20452.html

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FMCDH wrote:

kito109654 wrote:

I am certainly glad that steps in a good direction are still being made here in WA. This is certainly encouraging. Is there a way that I can get involved?

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There are still TONS of cities that are out of compliance. Pick one and start writing them with requests to fall in line with preemption.

Start here...

http://opencarry.mywowbb.com/forum55/20452.html

Click to expand...

Ah, a list! Thank you, good sir. I suppose I should have seen it since it's a sticky. :lol: