Seattle CHOP Zone Businesses File Protest Lawsuit

More than a dozen businesses have lodged a class action lawsuit against the city of Seattle alleging officials should have put a stop to the vandalism and violence associated with CHOP, the Capitol Hill Organized Protest or Capitol Hill Occupying Protest.

CNN reports that individuals have occupied the areas surrounding Cal Anderson Park and the East Precinct of the Seattle Police Department for several weeks now. The occupation, formerly known as the Capitol Hill Autonomous Zone (CHAZ) and now known as CHOP, stemmed from protests against police brutality and racial inequalities that erupted several weeks ago.

The lead plaintiffs in the CHOP businesses class action lawsuit say they are not trying to detract from the message of the occupations’ organizers or infringe on their constitutional free speech rights; however, they point to the violence and vandalism present in the area since the occupation and say the city needs to provide fire and emergency health services to those in the area.

The plaintiffs describe instances of violence and property destruction that have occurred since the inception of CHOP. They say the city of Seattle has abdicated its responsibility to provide health and safety services to area residents and businesses.

The CHOP businesses class action lawsuit accuses Seattle of providing a “de facto stamp of approval” for illegal and destructive behavior in the CHOP area, along with support and services. The businesses say the city has no plans for remedying the situation and continues to provide support to the “perpetual block party” CHOP has allegedly become.

“The City has provided Cal Anderson Park, a public park located at the center of CHOP, to CHOP for use as the staging ground supporting CHOP’s occupation of the surrounding area,” the complaint alleges. “Supported by the City, countless CHOP participants now reside in the park at all times of day and night, having turned it into a tent city. At any given time, hundreds of CHOP participants are camped out in the park. Violence, vandalism, excessive noise, public drug use, and other crimes are rampant within the park.”

According to the complaint, protesters used police barricades to establish a so-called “police free” zone in Seattle in the aftermath of protests in late May.

The plaintiffs say the police also abandoned the precinct in the area and have not attempted to re-enter.

Armed CHOP organizers allegedly patrol the barriers, determining who can enter the zone, the complaint says.

Further, the barriers make it impossible for vehicles — emergency service, customer, delivery and otherwise — to enter the area.

The plaintiffs say they and other residents of the area are unable to access their businesses as a result of the city of Seattle abandoning the area to CHOP.

If they are able to make it past the barricades, the plaintiffs claim they feel unsafe in the area in light of several incidents of violence.

“The City’s conduct has also resulted in the elimination of basic public safety within CHOP and nearby areas,” states the CHOP businesses class action lawsuit.

Fox News reports that two shootings occurred in the area.

One incident resulted in the death of a 19-year-old man; another person was critically wounded. Fox reports hostile crowds prevented police from reaching the scene, and area residents and businesses say police will not enter the area unless there is a “life-or-death situation” and even then, the response is slow and in some cases, nonexistent.

“The City has acknowledged the serious safety issues it has created, in particular noting that there are ‘dangerous conditions’ at night, but the City has nonetheless chosen to maintain its policy of providing resources and support to the CHOP occupiers,” the complaint contends.

The CHOP businesses class action lawsuit also alleges that the failure of the city to provide policing and other services has led to widespread vandalism and graffiti in the area. Business owners’ attempts to remove or paint over graffiti are met with threats by CHOP organizers, the plaintiffs say, and the almost immediate return of graffiti.

“The property owners, businesses, and residents in the area suffer ever-increasing property damage and economic loss every day that CHOP exists in their neighborhood, all because of the City’s active support, encouragement, and endorsement of the occupation,” the CHOP class action lawsuit alleges.

Further, the class action lawsuit points out that services for the elderly and disabled have been curtailed by the failure of the city to regulate CHOP. As a result, elderly and disabled residents face further danger.

The plaintiffs allege that their attempts to communicate with the city of Seattle have fallen upon deaf ears.

The CHOP businesses class action lawsuit seeks to represent those who own property, reside or have a business in the CHOP occupied zone, defined as the area bound by Denny Way, Union Street, Thirteenth Avenue and East Broadway.

The plaintiffs are seeking damages, attorneys’ fees and costs and injunctive relief.

Have you been affected by CHOP or other protests? Tell us what happened in the comment section below.

The lead plaintiffs and proposed Class Members are represented by Patty A. Eakes and Angelo J. Calfo of Calfo Eakes LLP.

The CHOP Businesses Class Action Lawsuit is Hunters Capital LLC, et al. v. City of Seattle, Case No. 2:20-cv-00983, in the U.S. District Court for the Western District of Washington.

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