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Schell's office to release papers on gas-mask ban
Thursday, February 3, 2000
By LISE OLSEN and KERY MURAKAMI
Mayor Paul Schell's office, under threat of contempt-of-court charges, yesterday agreed to release documents subpoenaed on behalf of a teenager arrested for having a gas mask during World Trade Organization demonstrations.
Schell temporarily outlawed gas masks as part of an emergency order issued in response to December's WTO disturbances.
Public defenders representing Justin Reed, 18, of Sammamish have argued that the city did not properly inform the public about the order. They also say its exemption for members of the press violated the constitutional rights of other citizens who sought protection from gas that tumultuous week. They asked a municipal court judge to order both Schell and the Seattle police to release records related to Schell's decision to declare an emergency.
Reed, a Sammamish High School senior, is one of "a handful" of people being prosecuted for having gas masks, according to the City Attorney's Office. His trial was scheduled for last week, but was delayed because the city had not produced the records.
Reed cut school Dec. 1 to go see the demonstrations, which he and his friends considered a historic moment. He said he brought the gas mask because he saw police on television using tear gas.
"I brought it for safety," he said. "I saw on the evening news that broadcasters and innocent people were getting gassed."
But Reed said he was tackled by a group of Seattle police and National Guardsmen and was arrested for carrying a gas mask. He said he didn't know about the ban and didn't know why he was being arrested.
Last week, Municipal Court Judge Ron Mamiya ordered the Mayor's Office to turn over news releases, records of communications and advisories relating to the emergency order.
When the Mayor's Office missed a Jan. 27 deadline, Mamiya ordered Schell and police officials to appear in court today to explain why. Failing to show up could mean a contempt of court fine or jail time.
Schell yesterday shrugged and said, "It's news to me."
The order did cause somewhat of a stir in Schell's office. Aides consulted Sean Sheehan, of the City Attorney's Office. Sheahan and defense attorneys then agreed that they didn't need the mayor himself to appear, said mayoral spokesman Dick Lilly.
Schell's public disclosure officer, Victoria Schoenburg, will appear in court with the papers.
However, police officials say they are not releasing other documents Mamiya ordered to be released. Police spokeswoman Pam McCammon said the request must go through the department's public disclosure request process, and given that it hadn't, "It's not an appropriate time to do it."
P-I reporter Lise Olsen can be reached at 206-448-8390 or liseolsen@seattle-pi.com
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