(The Center Square) – Seattle City Attorney Ann Davison’s office on Tuesday appealed to reverse a federal district court injunction that restricts the city’s ability to enforce its misdemeanor graffiti ordinance.
In June 2023, U.S. District Court Judge Marsha Pechman barred Seattle from enforcing its recent anti-graffiti ordinance.
According to Seattle Municipal Code 12A.08.020, a person is guilty of property destruction if they intentionally write, paint or draw any mark or image of any type on any building or structure, unless the person has obtained express permission of the owner or operator of the property.
Anyone who is suspected of destroying property via graffiti could be charged as a misdemeanor.
“The ordinance plainly targets expressive speech in a real and substantial way that infringes on plaintiffs’ First Amendment right,” Pechman stated in a preliminary injunction. “It has a close-enough nexus to expression that it has a real and substantial threat of censorship.”
However, Davison argues that graffiti is not a victimless crime and costs property owners significant funds and time to clean up damages.
“The injunction restricts the city from appropriately addressing the growing problem of graffiti,” Davison said in a statement. “To the public as a whole, [graffiti] erodes neighborhood pride so that it appears property has been neglected, which can often invite more crime.”
Davison’s office presented its oral argument to a three-judge panel of the U.S. Court of Appeals for the 9th Circuit Court of Appeals in San Francisco. Davison’s appeal asks that the district court’s ruling be overturned on the grounds that the Seattle graffiti ordinance is constitutional as written.
Seattle Mayor Bruce Harrell previously worked to address an uptick in property crimes related to graffiti, including increased staffing and resources for Seattle Public Utilities’ Graffiti Rangers. Vandalism response totals $632,237 in the 2023-2024 Seattle budget.
Harrell’s work came as a result of reports of graffiti growing over 50% in the city since 2019.
