Cans of spray paint might be hard to find in Seattle in the coming days, as U.S. District Judge Marsha Pechman just ruled that Seattle's graffiti laws were too vague and could limit free speech.
The ruling effectively legalized any and every sort of graffiti, anywhere and for any and every reason, as prosecutors can no longer bring charges against the defacement of private property.
Here's the law in question:
A person is guilty of property destruction if he or she:
- Intentionally damages the property of another; or
- Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person.
The law does later clarify that an owner can give permission for such activity, but now, no permission is necessary.
The case, Tucson et al v. Seattle, involved four individuals charged with writing BLM and expletives against the Seattle Police Department on the walls outside the East Precinct.
And just to be clear, this defacing occurred in January 2021, several months after the BLM riots where others broke out the windows of the same precinct and tried to burn it down.
Judge Pechman clarified that the property destruction part of the law was still enforceable, just that graffiti could no longer be considered property destruction.
The Seattle Police Department issued a statement saying,
"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.
"We understand and share the concerns that are being relayed to us by our community, businesses and residents alike. 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. SPD is working closely with the Mayor's Office and City Attorney's Office to assess next steps with the Court."
