Seattle (Jan. 9, 2024) – Seattle City Attorney Ann Davison announced that her office will present oral arguments this morning in an appeal to reverse a federal district court injunction that halts the City of Seattle’s ability to enforce its misdemeanor graffiti ordinance.
Seattle Assistant City Attorneys are scheduled to argue on behalf of the City’s case before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in San Francisco. It is one of several cases on the Court’s docket this morning beginning at 9:30 PST.
In June 2023, U.S. District Court Judge Marsha Pechman enjoined the City of Seattle from enforcing its graffiti ordinance, Seattle Municipal Code 12A.08.020(A)(2). City Attorney Davison appealed the District Court’s order to the Ninth Circuit on July 5, 2023.
City Attorney Davison’s appeal asks that the District Court’s ruling be overturned on the grounds that the Seattle graffiti ordinance is constitutional as written.
“The injunction restricts the City from appropriately addressing the growing problem of graffiti,” said City Attorney Ann Davison. “Graffiti is not a victimless crime. The cost and time to clean it up can be significant to property owners. To the public as a whole, it erodes neighborhood pride so that it appears property has been neglected, which can often invite more crime.”