
SDOT officials were on hand as the city placed barriers around the CHOP protest zone in June 2020 (Image: @mmitgang)
A legal bid that could have added hundreds of Capitol Hill residents and businesses to the federal lawsuit against the City of Seattle over “deliberate indifference” in its response to the CHOP occupied protest zone in the summer of 2020 has been denied.
Meanwhile, a handful of Pike/Pine and 12th Ave small businesses that had been part of the suit have dropped out as it continues into its third year of litigation seeking damages from the city over the protest zone.
In a ruling earlier this month, a U.S. District Court judge denied the effort at class certification in the CHOP lawsuit, rejecting arguments from plaintiffs that people living and doing business in a 16-block area near the unrest amid dangerous clashes between campers, demonstrators, and police in the protest zone should be eligible to join the potentially multi-million dollar suit.
Judge Thomas Zilly ruled the lawsuit does not meet the requirements for a class action because of the specific damages to each plaintiff.
“Plaintiffs in this case claim they were subject to diverse harms (violence, vandalism, harassment, blocked streets and sidewalks, excessive noise, and reduced business revenue) caused by the City’s actions, or inaction, in relation to CHOP,” Zilly writes, noting that cases of class action precedent include plaintiffs alleging the same “unlawful harm” like “mass arrest without probable cause,” for example.
Former Mayor Jenny Durkan’s missing text messages from the period continue to loom in the background of the case. Continue reading →