1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} 127899.0001/5866212.1 PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 1 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY ESTATE OF HORACE LORENZO DAESHAWN ANDERSON, by and through the personal representative of the Estate of Horace Lorenzo Daeshawn Anderson, and HORACE ANDERSON; Plaintiffs, v. CITY OF SEATTLE, a government entity; JENNY ANNE DURKAN, in her official capacity as Mayor of the City of Seattle; KSHAMA SAWANT, in her official capacity as a member of the Seattle City Council; DOES 1-100, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Cause No. COMPLAINT FOR WRONGFUL DEATH, PERSONAL INJURIES, ECONOMIC LOSS, AND OTHER RELIEF FILED 2021 NOV 03 09:00 AM KING COUNTY SUPERIOR COURT CLERK E-FILED CASE #: 21-2-14577-5 SEA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 2 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 INTRODUCTION This action is brought to seek redress and some measure of justice from the Defendants for the tragedy they caused on June 20, 2020, when 19-year old Lorenzo Anderson was shot and left to die without the assistance he was entitled to by the government. Lor directly caused by the Defendants resulted in tremendous pain and suffering before his death, leaving his family, friends, and community with an unimaginable and irreplaceable loss. Mr. family prays that through this lawsuit, the Defendants will be held accountable for the actions and inactions they took that resulted in the death of Lorenzo Anderson and that a process will be put into place to lessen the chances that such a thing could happen to anyone else in the future. was shot and bled out essential services, creating a danger. After the shooting the city failed to provide medical assistance to Anderson despite knowing it was urgently needed. Furthermore, although the City directive was for the police not to enter the CHOP zone without prior permission, there was no limitation to allowing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 3 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 assistance outside of the CHOP zone. Lorenzo was shot, but for approximately thirty minutes Seattle Police and Fire Departments miscommunicated their locations and the procedures for providing the safety and basic care of Lorenzo. After approximately thirty minutes, the Seattle Police entered CHOP zone although Lorenzo laid bleeding outside of the zone. By that time, it was too late. Good Samaritans had taken Lorenzo to the hospital in a pickup truck. With no assistance or rescue from Seattle first responders or anyone else associated with the city, state or county of King, Lorenzo died. The actions and inactions by the City of Seattle created a dangerous situation in and around the CHOP. Further, the city failed to have a plan for providing police protection, fire Rights to be free of state-created danger as prescribed by the Washington State Constitution were disregarded. Anderson, a young boy with special needs, was lured into the CHOP area by television. Not only did the City of Washington create the danger in CHOP by abandoning it, but city officials also lured people into the area with their public statements of encouragement. The government further violated Anderson law while depriving him of his life and liberty. The City of Seattle and County of King and their actors and agents carried out outrageous conduct and encouraged the people to participate and engage in similar dangerous conduct. Crime soared in CHOP after the city abandoned the area. The City of Seattle instituted protocols and practices that emboldened the lawlessness in this zone and engaged in affirmative conduct that placed Anderson in foreseeable danger and made it difficult for emergency services to adequately respond. Despite knowledge of the violence, chaos, danger, and potential danger, Seattle leaders failed Lorenzo and encouraged lawlessness to reign. The Defendants are responsible for the death of Lorenzo Anderson, a kind, friendly soul, who was an asset to his community. /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 4 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 I. PARTIES 1.1 Horace Lorenzo Anderson is a deceased individual, who at the time of his death was under the care and custody of his father, Plaintiff Horace Anderson. The Superior Court of King County has appointed Bruce R. Moen, Esq. as the personal representative of the Estate of Horace Lorenzo Daeshawn Anderson. Bruce R. Moen, as personal representative of the Estate of Horace Lorenzo Daeshawn Anderson, brings this action on behalf of the Estate of Horace Lorenzo Daeshawn Anderson. 1.2 Horace Anderson is an individual who resides in King County, Washington. He is the surviving father of the decedent, Lorenzo Anderson, and resided with him at the time of his death. Horace Anderson was Lorenzo responsible for ion are brought on his behalf by the personal representative of the Estate of Horace Lorenzo Daeshawn Anderson. 1.3 Defendant City of Seattle is a first-class city, as described in RCW 35.22.010 and is governed and organized in accordance with the Washington State Constitution Article 11, Section 10, Amendment 40. The City of Seattle is liable for the acts and omissions of city employees and officers. A true and correct copy of the Washington State Constitution is attached hereto as Exhibit 1 1.4 Defendant Jenny Anne Durkan is an individual who resides in Seattle, Washington and currently serves as the Mayor of Defendant City of Seattle. 1.5 Defendant Kshama Sawant is an individual who resides in Seattle, Washington and serves on its City Council. /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 5 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 II. NOTICE OF CLAIMS FILED 2.1 Notice of Claim was filed with the City of Seattle on behalf of Horace Anderson on August 26, 2020. More than 60 days have elapsed since this claim was filed before the filing of this complaint against Defendant City of Seattle in the above-entitled court. The filing of this claim properly satisfied the notice and other procedural requirements of RCW 4.96 et. seq. A true and correct copy of RCW 4.96 et. seq. and the Notice of Claim is attached hereto as Exhibit 2 2.2 Notice of Claim was filed with the State of Washington on behalf of Horace Anderson on August 26, 2020. More than 60 days have elapsed since this claim was filed before the filing of this complaint against Defendant City of Seattle in the above-entitled court. The filing of this claim properly satisfied the notice and other procedural requirements of RCW 4.96 et. seq. See Exhibit 2 2.3 Notice of Claim was filed with King County on behalf of Horace Anderson on August 26, 2020. More than 60 days have elapsed since this claim was filed before the filing of this complaint against Defendant City of Seattle in the above-entitled court. The filing of this claim properly satisfied the notice and other procedural requirements of RCW 4.96 et. seq. See Exhibit 2 2.4 Notice of Claim was filed with the City of Seattle on behalf of the Estate of Horace Lorenzo Daeshawn Anderson on May 5, 2021. More than 60 days have elapsed since this claim was filed before the filing of this complaint against Defendant City of Seattle in the above-entitled court. The filing of this claim properly satisfied the notice and other procedural requirements of RCW 4.96 et. seq. See Exhibit 2 2.5 Notice of Claim was filed with the State of Washington on behalf of the Estate of Horace Lorenzo Daeshawn Anderson on May 4, 2021. More than 60 days have elapsed since this claim was filed before the filing of this complaint against Defendant City of Seattle in the above-entitled court. The filing of this claim properly satisfied the notice and other procedural requirements of RCW 4.96 et. seq. See Exhibit 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 6 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 2.6 Notice of Claim was filed with King County on behalf of the Estate of Horace Lorenzo Daeshawn Anderson on May 5, 2021. More than 60 days have elapsed since this claim was filed before the filing of this complaint against Defendant City of Seattle in the above- entitled court. The filing of this claim properly satisfied the notice and other procedural requirements of RCW 4.96 et. seq. See Exhibit 2 III. JURISDICTION 3.1 This Court has subject matter and personal jurisdiction over this matter under RCW2.08.10. 3.2 Venue is proper and appropriate in King County Superior Court because the incidents occurred in the City of Seattle, in King County, State of Washington. In addition, all defendants reside in King County. IV. FACTS A. The Creation of CHOP 4.1 In late May 2020, protests erupted in downtown Seattle following the death of George Floyd. The protests led to violence, looting, destruction, and general chaos. 4.2 On May 30, 2020, Mayor Durkan issued a Civil Emergency Proclamation granting the mayor the authority to address threats to public health and safety caused by the protests. A true and correct copy of the Proclamation is attached hereto as Exhibit 3 4.3 In that Proclamation, Mayor Durkan recognized that these protests have led to property destruction and injuries to demonstrators, including death. Mayor Durkan also issued Emergency Orders banning the use of weapons and establishing a 5:00 p.m. curfew for May 30 th and 31 st . A true and correct copy of the Order is attached hereto as Exhibit 4 4.4 In the first week of June 2020, protests continued in Seattle, moving primarily to the Capitol Hill neighborhood. Seattle police issued a statement late June 1, 2020 declaring a riot. A true and correct copy of the statement is attached hereto as Exhibit 5 . Despite protests getting out of control, Mayor Durkan and Seattle Police Chief Carmen Best announced a 30- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 7 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 day ban on the Seattle Police Department using tear gas for crowd control. A true and correct copy of the announcement is attached hereto as Exhibit 6 . In the following days, uncontrolled protests continued in Capitol Hill. 4.5 By June 8, 2020, the protests surrounded the police precinct in Capitol Hill, the East Precinct. 4.6 On June 8, 2020, Seattle Police Chief Carmen Best gave a press conference in which she stated that the Seattle Police would try something new to keep protestors at bay after abandon the the exterior windows, and applying fire retardant to the building exterior and installing A true and correct copy of the statement is attached hereto as Exhibit 7 4.7 extraordinary decision to abandon the East Precinct entirely. The SPD boarded up the building, removed all valuables, and walked away. 4.8 The City left behind at the precinct and in the surrounding areas large barriers that had been used in previous days to try to limit the movements of protesters and despite Chief n by protestors who vandalized and destroyed the precinct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 8 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 4.9 Predictably, almost immediately after the Seattle Police Department abandoned the precinct and the barriers, occupants used the barriers to block off streets in the area and - zone. Initially, the blocked off area extended to all streets within one block from the precinct and The Capitol Hill Autonomous Zone (CHAZ), also identified as the Free Capitol Hill, the Capitol Hill Occupied Protest, or the Capitol Hill Organized Protest (CHOP) was born. 4.10 The abandonment of the East Precinct was celebrated by Kshama Sawant, member of the Seattle City Council who, acting under color of law, encouraged the CHOP participants to engage in lawfulness, and used the power of her office to open the doors of city hall to protestors. In the words of A true and correct copy of , is attached hereto as Exhibit 8 4.11 The Washington Supreme Court opinion dated April 1, 2021, affirms that Sawant used city resources to promote a ballot initiative and failed to comply with public disclosure requirements, disregarded state orders related to COVID-19 and endangered the safety of city 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 9 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 workers and other individuals by admitting hundreds of people into city hall while it was closed to the public further acknowledged that Sawant led a protest march to Mayor Jenny t knew was protected under state confidentiality laws which constituted a violation of the Seattle city code regarding confidentiality. Led and encouraged by Sawant, protesters defaced and damaged Mayor . True and correct copies of a summary of the protest and the judicial reprimand are attached hereto as Exhibit 9 4.12 Without any police presence and with encouragement from public officials, the guards by the barriers that the City had abandoned, thereby creating borders for the occupied area. True and correct copies of the guards are attached hereto as Exhibit 10 IN FACT, THE CITY PROVIDED THE BARRIERS AND ENCOURAGED THE CHOP. According to documents obtained via a public records request, Seattle spent over $1 million dollars on materials for CHOP, such as concrete barriers, water barriers, boom truck rentals, sand and gravel, pressure washers, paint to cover graffiti, and plywood to cover windows and create more surfaces on the barriers for public art which Mayor Durkan stated she intended to preserve. True and correct copies of work orders, invoices, and logs showing funds spent on CHOP are attached hereto as Exhibit 11 The area later expanded, was referred to as CHAZ for several days, and eventually became known as CHOP. 4.13 th Avenue, south to East Pike Street, and west to Broadway. It encompassed the entirety of Cal Anderson Park and sixteen city blocks in all. A true and correct copy of the map of CHOP is attached hereto as Exhibit 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 10 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 B. The Activities of CHOP Participants 4.14 When the Seattle Police Department vacated Capitol Hill, the CHOP participants claimed the area as their own with a physical boundary and a loose form of governance and justice. 4.15 CHOP participants maintained borders with barriers and people patrolling the perimeter, as well as vehicles parked in the middle of rights-of-way. 4.16 Many CHOP participants lived on the streets and sidewalks in Cal Anderson Park, in tents such as the following: 4.17 They painted graffiti on most available surfaces, and if a property owner painted over the graffiti, the graffiti was typically replaced within a few hours. 4.18 CHOP participants even threatened business owners with retaliation if they painted over graffiti. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 11 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 4.19 Examples of the pervasive graffiti included the following: 4.20 CHOP participants occupied the streets and sidewalks 24 hours a day between June 8 and July 1, 2020, in lawlessness and chaos. 4.21 CHOP participants were observed carrying guns in the public streets and parks in broad daylight. 4.22 Cal Anderson Park was one of the focal points of CHOP. The approximately seven-acre City park was left entirely to the CHOP participants. The City supported and toilets, barriers, and other materials that encouraged the encampment to continue. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 12 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 4.23 transformed into a massive tent city for CHOP participants, as shown here: 4.24 of the park continued unabated for weeks, as shown in the below pictures taken the afternoon of June 23, 2020: 4.25 food for CHOP. The City handed over forfeited public property for this use, as shown here: 4.26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 13 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 and businesses. Cal Anderson Park was one of the most violent areas of CHOP. Local residents observed individuals in Cal Anderson Park carrying firearms. C. The City Actively Supported and Encouraged CHOP and CHOP Participants 4.27 In the face of all this destruction Mayor Durkan celebrated the existence, message, and methods of CHOP and CHOP Participants. She did this with physical support and extensive verbal support and encouragement that expressly endorsed the barricading and occupation of City streets and parks. The Fire Chief had friendly text conversations with the self- see below, who was frequently seen walking around the area with an AK-47 and handed assault rifles out to CHOP participants from his personal stockpile of weapons in the trunk of his car. A true and correct copy of an article posted by The Post Millennial that contains copies of the text messages between the Fire Chief and Raz Simone are attached hereto as Exhibit 13. 4.28 Mayor Durkan knew the CHOP activity was dangerous to the health and safety 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 14 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 of the community and needed to be controlled. She delegated authority to the Fire Chief and Durkan stated: This Proclamation shall be terminated by the issuance of another proclamation of when I determine that extraordinary measures are no longer required for the protection of the public peace, safety and welfare, or by passage of a termination resolution by vote of not less than two-thirds (2/3) of all the members of the City Council. Before termination of this civil emergency I or the City Council shall consult with the Chief of Police, the Fire Chief, the Director of Public Health, and the Director of Emergency Management to determine if there are any fiscal, public safety response or disaster recovery imperatives that require the continuation of emergency measures. attached hereto as Exhibit 14. 4.29 Since the day the East Precinct was abandoned, the City had full knowledge of the problems created for residents and the general public. The City nevertheless adopted a policy that supported the CHOP occupation and acted with deliberate indifference toward those suffering harms from following: a. At a June 11, 2020 press conference with Mayor Durkan, Chief Best made it clear that the City was fully aware that its 9-1-1 response times had tripled and that there was a serious public-safety crisis for anyone who lived or worked in CHOP. b. That same day, Chief Best posted a video, addressing members of the Seattle Police Department, acknowledging how dire the situation had become. A professional transcription of this video is attached hereto as Exhibit 15. c. office: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 15 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 Beginning last Tuesday, City officials have been on site on Capitol Hill to work [to] meet community needs including hygiene, sanitation an safety. Utilities including Puget Sound Energy and SPU have been able to respond to the area for service. Seattle Police Chief Carmen Best has visited the site multiple times. Over the past week, conversations continued between City officials, organizers onsite for the CHOP, residents and Scoggins, Seattle Department of Transportation Director Sam Zimbabwe, and Seattle Public Utilities General Manager Mami Hara have been on site. On Sunday, they held a meeting with onsite organizers, small businesses, and residents to discuss proposed changes to the protest zone. d. On information and belief, Mayor Durkan and the Seattle Police Department were inundated with complaints about CHOP that described in detail the public danger. e. to help CHOP block a public street. The stock response states in pertinent part as follows: Thank you for reaching out. The Capitol Hill Organized Protest has emerged as a gathering place where community members can demand change of their local, state, and federal government. Capitol Hill and Cal Anderson Park have long been a gathering place for justice. While there have been inaccurate and misleading depictions of the CHOP from the President and some national media, the City believes first amendment activities can continue while also maintaining public safety and allowing access for residents and businesses who operate in the area. Mayor Durkan believes these changes can help ensure any focus of the CHOP and Cal Anderson will allow for peaceful demonstrations to continue. Beginning last Tuesday, City officials have been on site on Capitol Hill to work [to] meet community needs including hygiene, sanitation and safety. Utilities including Puget Sound Energy and SPU have been able to respond to the area for service. Seattle Police Chief Carmen Best has visited the site multiple times. Over the past week, conversations continued between City officials, organizers onsite for the CHOP, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 16 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 residents and businesses. The City is committed to maintaining space for community to come to together, protest and exercise their first amendment rights. Minor changes to the protest zone will implement safer and sturdier barriers to protect individuals in this area, allow traffic to move throughout the Capitol Hill neighborhood, ease access for residents of apartment building in the surrounding areas, and help local businesses manage deliveries and logistics. Additionally, all plans have been crafted with the goal of allowing access for emergency personnel including fire trucks. Everyday, Seattle Fire Chief Harold Scoggins, Seattle Department of Transportation Director Sam Zimbabwe, and Seattle Public Utilities General Manager Marni Hara have been on site. On Sunday, they held a meeting with onsite organizers, small businesses, and residents to discuss proposed changes to the protest zone. In coordination with protesters onsite, work began at 6:30 a.m. on Tuesday to remove a tent barrier at 10th and Pine and replace it with a sturdier concrete barrier to improve public safety. The City has successfully worked with protesters onsite to reconfigure the CHOP to allow for public safety and better access for the local community. That has involved rerouting traffic, freeing up alley access, opened streets, and replacing makeshift barriers with heavy concrete barriers that can be painted. f. Mayor Durkan herself personally visited CHOP and observed what was happening. In an interview given in her City offices on Facebook Live on June 12, 2020, Mayor Durkan made clear that she had seen the barriers and talked to CHOP participants and apparently approved of them using an individual with behavioral health issues to enforce the and it was like, look, he has some hard times, and he helps on that barricade over there, and then when he starts having a hard time, we just bring him over here, take care of g. On June 22, 2020, Mayor Durkan stated at a press conference: Over the days, tens of thousands of people have peacefully gathered or visited Capitol Hill. During the day, there have been no major incidents. But we know it is very different at night, particularly in recent nights. The cumulative impacts of the gatherings and protests and the nighttime atmosphere and violence has led to increasingly difficult circumstances for our 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 17 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 businesses and residents. M0ost of them supported right to gather at the outset. They stand with them in solidarity. But the impacts have increased, and the safety has decreased. Both on Saturday morning and last night there were incidents of gun violence. And that escalating violence concerns me, Chief Best, residents, businesses, and the greater community. All of Capitol Hill has been impacted. h. At the same June 22, 2020 press conference, Chief Best stated that shootings, a rape, assaults, burglary, arson and property destruction, and I have their police reports right h 4.30 Despite having knowledge of exactly what is happening at CHOP by being there every day and in apparently constant contact with area residents and business owners, the City acted with deliberate indifference toward the safety and care of residents and the public. 4.31 At the same time that the City acted with deliberate indifference to property owners and people who lived and worked in and near CHOP, the City physically aided, endorsed and actively encouraged CHOP participants in their occupation of public spaces. 4.32 The City physically aided CHOP participants in their occupation of the area in at least the following ways: a. When the City abandoned the East Precinct on June 8, 2020, it left behind the barriers that had previously blocked street access and protected the East Precinct from protestors. These barriers predictably served as raw materials that allowed CHOP participants to block streets and create CHOP within a very short time b. On June 16, 2020, the City provided even more concrete barriers to CHOP participants so that CHOP participants could replace wooden barriers and fortify their blockages of streets. See previously referenced Exhibit 11. c. The City provided portable toilets for CHOP participants that were 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 18 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 regularly serviced. See Exhibit 11. 4.33 The City communicated clearly to CHOP participants that they could continue occupying the streets in the area, maintain their barricades and block traffic all without interference from the City. The City communicated this message in at least the following ways: a. On June 11, 2020, during a joint press conference with the Chief of b. Cuomo about how long the City would allow CHOP participants to continue to occupy the c. On June 16, 2020, the City announced through an official statement from Mayor Durkan that it had negotiated with CHOP participants to adjust some but not all their barriers to allow one-way traffic on Twelfth Avenue. This agreement was a tacit itself. d. In announcing the supposed opening of a one-way corridor, the City made clear in a statement from the Mayor that it was an active participant in maintaining and solidifying the CHOP barriers and boundaries: The City is committed to maintaining space for community to come together, protest and exercise their first amendment rights. Minor changes to the protest zone will implement safer and sturdier barriers to protect individuals in this area, allow traffic to move through the Capitol Hill neighborhood, ease access for residents of apartment buildings in the surrounding area, and help local businesses manage deliveries and logistics. [emphasis 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 19 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 added] e. Also on June 16, 2020, Mayor Durkan suggested that the City agreed that -safety f. On June 22, 2020, Mayor Durkan and Chief Best held a joint press conference in which they expressed concern about the impacts of CHOP but also suggested that there was no specific timeline or plan for lessening those impacts or removing the blockades, barriers and tents from CHOP. 4.34 The City has also made numerous statements indicating that it endorsed and supported what CHOP participants are doing to the area, thereby ensuring the continued and indefinite occupation and blockading of the neighborhood, and all the damage it has caused and a. On June 11, 2020, Mayor Durkan posted following her on Twitter page: insurrection 2020 Twitter post is attached hereto as Exhibit 16. b. On June 11, 2020 Mayor Durkan als potlucks, teach- A true and co second June 11, 2020 Twitter post is attached hereto as Exhibit 17. c. On June 11, 2020, Mayor Durkan stated during a joint press conference 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 {S2673033; 1} PLAINTIFF INJURIES, ECONOMIC LOSS, AND OTHER RELIEF - 20 OSHAN & ASSOCIATES PC P.O. BOX 9091 SEATTLE, WA 98109 P (206) 335-3880 F (206) 905-0918 with the Chief of Police: Lawfully gathering and expressing First Amendment rights, and demanding we do better as a society, and providing true equity for communities of color, is not terrorism. It is patriotism. The right to challenge government and authority is a fundamental to painting of Black Lives Matter along Pine Street. Food Trucks, spaghetti potlucks, teach- d. During the same press conference on June 11, 2020, Mayor Durkan, also stated: The Capitol Hill area in fact, some of my family is up there right now it is not an armed ANTIFA militia no-go zone. It is, a number of people are there, had ongoing communications with them, with the businesses, with the residents, and we will make sure that we find some way for people to continue to protest peacefully while also getting ingress blocks of Seattle in Capitol Hill shut down every summer for everything from Block Party to Pride. This is not really that much of an operational challenge. But we want to make sure that the continue to move that forward. e. During her up there today, walking around, talking to people, and I think we just have to continue kind of free expression, but we need to open up the streets, too, at least 12 th so we can them. But I heard a lot of great ideas and I heard a lot of community strength there. That was co f. We will we will make sure that we can restore this. But we have block parties and the