A U.S. district court has ruled that Seattle must temporarily cease enforcement of property crimes with regard to graffiti.
Judge Marsha Pechman of the U.S. District Court for the Western District of Washington issued a preliminary injunction, saying the city’s ordinance that punishes graffiti “targets speech” and “poses a real and substantial threat of censorship.”
“On its face, the Ordinance sweeps so broadly that it criminalizes innocuous drawings (from a child’s drawing of a mermaid to pro-police messages written by the Seattle Police Foundation) that can hardly be said to constitute ‘visual blight’ and which would naturally wash away in the next rain storm,” Pechman wrote.
The Seattle Police Department (SPD) released a statement to address the court’s ruling, stating that a lack of future enforcement is not a conscious decision by the government.
“Late yesterday afternoon, SPD received an order from a US District Court judge that enjoined, in full, enforcement of SMC 12A.080.020 – the City’s misdemeanor property destruction law,” the SPD wrote.
The department continued, “This means that until further order of the Court, SPD cannot take action on damage to property under this law. This is not a matter within SPD or City discretion; we are bound by the court order as it is written.”
Law enforcement is currently working with the Seattle mayor’s office and the city attorney’s office to address the new gap in policing.
“We understand and share the concerns that are being relayed to us by our community, businesses and residents alike,” the SPD wrote.
Vandalism and graffiti have become a prominent issue in Seattle, and the city government is expected to request an expedited reconsideration of the ruling.
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The department added, “We know, as evidenced by the thousands of calls for service we receive each year reporting acts of vandalism and other forms of property damage that property damage is, in fact, a crime that is of significance to community members.”