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Group arrested by Seattle officers for writing political messages in sidewalk chalk awarded $680,000

Four people will each receive $20,000 in compensatory damages from the city. The rest comes from punitive damages.

SEATTLE — Four people who were arrested in 2021 for writing political messages in chalk outside a Seattle police station were awarded $680,000 by a jury on June 21.

Derek Tucson, Robin Snyder, Monsieree de Castro and Erik Moya-Delgado will each receive $20,000 in compensatory damages from the city. The rest comes from punitive damages from the four officers involved.

Seattle officers arrested the group for violating Seattle Municipal Code 12A.08.020. “Property destruction” under the old ordinance was punishable by imprisonment of up to 364 days and a fine of up to $5,000.

In the 2023 lawsuit, the plaintiffs alleged that Seattle's ordinance was selectively enforced against them because of the views they expressed. The lawsuit alleged the arrests violated their First and Fourteenth Amendment rights. 

The arrests chilled the group's right to engage in further political speech, according to the lawsuit. The plaintiffs believed the ordinance was also "impermissibly vague" and "criminalizes innocent conduct without due process," violating their Fourteenth Amendment rights.

The lawsuit sparked a judge's preliminary injunction to temporarily block enforcement of the section of the city's code that targets property damage. The judge adjusted the ruling so it only applied to graffiti.

That ruling was later appealed and the Ninth Circuit Court reversed the ruling on making graffiti-related arrests.

In a statement to KING 5 following the jury verdict, the Seattle City Attorney's Office said, "We thank the jury for their service.  We are evaluating next steps and will make decisions in the time provided by court rules."

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