Although Off Topic, this post is specifically Washington State related, and is posted here with permission with the moderator.
A conversation in Spokane recently, regarding the carrying / possession of so called "pepper spray", led me to doing some research recently, and I ran across this post:
which states in relevant part:
This pose was by "Lowski", who attributed the above to https://www.keyarena.com/arena-information/a-to-z-guide
This led me to research our own local public facilities district policies, noted in relevant part below:
BACKGROUND
The Spokane Public Facilities District (hereinafter, PFD) has published policies for each of the municipalities properties.
These policies address the possession of “weapons” and other prohibited articles.
The policy of the Spokane Arena follows:
The Spokane Convention Center has a similar policy regarding weapons, to wit:
Likewise the INB Performing Arts Center has a similar policy:
The Spokane Convention Center explicitly references Spokane Municipal Code 10.10.050, which states in full:
The Washington State jurisprudence system is based upon the fact that the law states what restrictions are placed upon an individual or other entity. Things that are not explicitly prohibited are therefore allowed.
The PFD policies do not expressly prohibit personal protection spray devices.
However a case could be made that those types of devices fall under the category of ‘weapons’.
The word ‘weapon’ is not defined in the Spokane Municipal Code, however SMC 10.02.015 appeals to RCW Title 9 and 9A.
Section 10.02.015 Statutory Definitions Applicable
As applicable, the definitions in Title 9 RCW and Title 9A RCW, as now or hereafter amended, apply to this division.
Title 9 defines several firearms as ‘weapons’ but there is no mention of personal protection spray devices.
Title 9A defines the term ‘deadly weapon’:
Deadly Weapon is defined in RCW 91.04.110 as
The possession of personal protection spray devices is not restricted by the PFD, the city, the county or the state. In fact, the state claims preemption with the following statute:
RCW 9.91.160 preempts a municipality from prohibiting a person eighteen years old or older…from possessing a personal protection spray device.
The Spokane Public Facilities District is a public municipality, incorporated in 1989 by the Washington State Legislature by virtue of RCW 36.100.
As a public municipality, the PFD is expressly under the preemption statute, being specifically noted as an entity on which preemption applies.
Furthermore, RCW 9.91.160 goes on to define several common ingredients in such devices, but includes ‘other agent(s) commonly known as mace, pepper mace, or pepper gas’ as being explicitly permissible.
CONCLUSION
For the above reasons, it is legal for a person, patron, contract employee, or employee to carry a personal protection spray device on or in all publicly available sites, including Key Arena.
So, my question is, is the Key Arena in violation of state law, or are they hiding behind some sort of contrived excuse similiar to the PSNW decison?
A conversation in Spokane recently, regarding the carrying / possession of so called "pepper spray", led me to doing some research recently, and I ran across this post:
which states in relevant part:
"Guests, including law enforcement personnel not present in an official capacity, are prohibited from bringing weapons into the arena. KeyArena does provide weapon lockers. See any KeyArena Admissions staff member to check your weapon. Weapons include, but are not limited to, the following: firearms, explosives, stun guns, handcuffs, brass knuckles, sticks, clubs, batons, martial arts instruments, pepper spray, tear gas...
This pose was by "Lowski", who attributed the above to https://www.keyarena.com/arena-information/a-to-z-guide
This led me to research our own local public facilities district policies, noted in relevant part below:
BACKGROUND
The Spokane Public Facilities District (hereinafter, PFD) has published policies for each of the municipalities properties.
These policies address the possession of “weapons” and other prohibited articles.
The policy of the Spokane Arena follows:
Spokane Arena Management and the Security Director will determine the need for a public safety inspection and what type of inspection will be performed at the event. The public safety inspection will be utilized to ensure that banned items and illegal items are not allowed through any of the entry doors. Prohibited items may include:
• Illegal drugs or paraphernalia
• Weapons
• Cans or Bottles
• Cameras, Video Cameras and recording devices
• Outside alcohol
• Throwable items such as hacky sacs and beach balls
• Large signs or signs with sticks in or on them
• Laser Pointers
• Large purses and large backpacks
• Animals that are not service animals
• Fireworks
• Artificial noise makers
• Outside food and beverage
• Coolers
http://www.spokanearena.com/policies.php
• Illegal drugs or paraphernalia
• Weapons
• Cans or Bottles
• Cameras, Video Cameras and recording devices
• Outside alcohol
• Throwable items such as hacky sacs and beach balls
• Large signs or signs with sticks in or on them
• Laser Pointers
• Large purses and large backpacks
• Animals that are not service animals
• Fireworks
• Artificial noise makers
• Outside food and beverage
• Coolers
http://www.spokanearena.com/policies.php
The Spokane Convention Center has a similar policy regarding weapons, to wit:
Weapons and Concealed Handguns
In accordance with provisions of Municipal Code 10.10.050, it is the policy of the Spokane Convention Center that handguns and other weapons are strictly prohibited in Spokane Convention Center. Individuals who fail to comply with this prohibition or otherwise violate penal laws with respect to carrying a handgun or other weapon are subject to immediate arrest and prosecution. This prohibition applies to all persons including concealed handgun Licensees, with the exception of licensed law enforcement officers. http://www.spokanecenter.com/rules.php
In accordance with provisions of Municipal Code 10.10.050, it is the policy of the Spokane Convention Center that handguns and other weapons are strictly prohibited in Spokane Convention Center. Individuals who fail to comply with this prohibition or otherwise violate penal laws with respect to carrying a handgun or other weapon are subject to immediate arrest and prosecution. This prohibition applies to all persons including concealed handgun Licensees, with the exception of licensed law enforcement officers. http://www.spokanecenter.com/rules.php
Likewise the INB Performing Arts Center has a similar policy:
In compliance with state law, the INB PAC will offer public safety inspections to events when required by the event, or when there is an anticipated need.
INB PAC Management and the Security Director will determine the need for a public safety inspection and what type of inspection will be performed at the event. The public safety inspection will be utilized to ensure that banned items and illegal items are not allowed through any of the entry doors. Prohibited items may include:
• Illegal drugs or paraphernalia
• Weapons
• Cans or Bottles
• Cameras, Video Cameras and recording devices
• Outside alcohol
• Throwable items such as “hacky”sacs and beach balls
• Large signs or signs with sticks in or on them
• Laser Pointer
http://www.inbpac.com/policies.php
INB PAC Management and the Security Director will determine the need for a public safety inspection and what type of inspection will be performed at the event. The public safety inspection will be utilized to ensure that banned items and illegal items are not allowed through any of the entry doors. Prohibited items may include:
• Illegal drugs or paraphernalia
• Weapons
• Cans or Bottles
• Cameras, Video Cameras and recording devices
• Outside alcohol
• Throwable items such as “hacky”sacs and beach balls
• Large signs or signs with sticks in or on them
• Laser Pointer
http://www.inbpac.com/policies.php
The Spokane Convention Center explicitly references Spokane Municipal Code 10.10.050, which states in full:
Section 10.10.050 Municipal Public Assembly Facilities
A. No person shall bring into or have in their possession while present at any City public assembly facility any cans, bottles, alcoholic beverages, controlled substances, firearms, knives or other such devices which are weapons or apparently capable of use as weapons.
B. The public assembly facilities are the INB Performing Arts Center, the Convention Center, Spokane Veterans Memorial Arena, and Joe Albi Stadium.
C. This shall not prohibit legitimate operations of licensed concessionaires or other persons authorized by the Spokane Public Facilities District, chief executive officer or designee, or the director of parks and recreation or designee for Joe Albi Stadium.
D. The restriction set forth above in subsection (A) shall not apply to:
1. Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
2. Any showing, demonstration, or lecture involving the exhibition of firearms.
E. Nothing in this section shall prohibit the owner or operator of a public assembly facility from adopting rules or policies regulating the possession of firearms pursuant to and consistent with state law.
A. No person shall bring into or have in their possession while present at any City public assembly facility any cans, bottles, alcoholic beverages, controlled substances, firearms, knives or other such devices which are weapons or apparently capable of use as weapons.
B. The public assembly facilities are the INB Performing Arts Center, the Convention Center, Spokane Veterans Memorial Arena, and Joe Albi Stadium.
C. This shall not prohibit legitimate operations of licensed concessionaires or other persons authorized by the Spokane Public Facilities District, chief executive officer or designee, or the director of parks and recreation or designee for Joe Albi Stadium.
D. The restriction set forth above in subsection (A) shall not apply to:
1. Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
2. Any showing, demonstration, or lecture involving the exhibition of firearms.
E. Nothing in this section shall prohibit the owner or operator of a public assembly facility from adopting rules or policies regulating the possession of firearms pursuant to and consistent with state law.
The Washington State jurisprudence system is based upon the fact that the law states what restrictions are placed upon an individual or other entity. Things that are not explicitly prohibited are therefore allowed.
The PFD policies do not expressly prohibit personal protection spray devices.
However a case could be made that those types of devices fall under the category of ‘weapons’.
The word ‘weapon’ is not defined in the Spokane Municipal Code, however SMC 10.02.015 appeals to RCW Title 9 and 9A.
Section 10.02.015 Statutory Definitions Applicable
As applicable, the definitions in Title 9 RCW and Title 9A RCW, as now or hereafter amended, apply to this division.
Title 9 defines several firearms as ‘weapons’ but there is no mention of personal protection spray devices.
Title 9A defines the term ‘deadly weapon’:
RCW 9A.04.110 (6) (6) "Deadly weapon" means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a "vehicle" as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm;
Although the term weapon in general, and more specifically ‘dangerous weapon’ are not explicitly defined by the legislature, the state's appellate courts have recognized the lack of a definition over the years and have routinely held that the term ‘dangerous weapon’ is basically synonymous with (or at least similar enough to) the term ‘deadly weapon’. They then examine the intent of the defendant to decide if it is a dangerous weapon. (no cite provided)
Although the term weapon in general, and more specifically ‘dangerous weapon’ are not explicitly defined by the legislature, the state's appellate courts have recognized the lack of a definition over the years and have routinely held that the term ‘dangerous weapon’ is basically synonymous with (or at least similar enough to) the term ‘deadly weapon’. They then examine the intent of the defendant to decide if it is a dangerous weapon. (no cite provided)
Deadly Weapon is defined in RCW 91.04.110 as
"...any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a "vehicle" as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm"
The possession of personal protection spray devices is not restricted by the PFD, the city, the county or the state. In fact, the state claims preemption with the following statute:
RCW 9.91.160
Personal protection spray devices.
(1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor.
(2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.
(3) For purposes of this section:
(a) "Personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:
(i) Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS); or
(ii) Other agent commonly known as mace, pepper mace, or pepper gas.
(b) "Delivering" means actual, constructive, or attempted transferring from one person to another.
(4) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that is otherwise prohibited by state law. (emphasis added)
Personal protection spray devices.
(1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor.
(2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.
(3) For purposes of this section:
(a) "Personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:
(i) Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS); or
(ii) Other agent commonly known as mace, pepper mace, or pepper gas.
(b) "Delivering" means actual, constructive, or attempted transferring from one person to another.
(4) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that is otherwise prohibited by state law. (emphasis added)
RCW 9.91.160 preempts a municipality from prohibiting a person eighteen years old or older…from possessing a personal protection spray device.
The Spokane Public Facilities District is a public municipality, incorporated in 1989 by the Washington State Legislature by virtue of RCW 36.100.
As a public municipality, the PFD is expressly under the preemption statute, being specifically noted as an entity on which preemption applies.
Furthermore, RCW 9.91.160 goes on to define several common ingredients in such devices, but includes ‘other agent(s) commonly known as mace, pepper mace, or pepper gas’ as being explicitly permissible.
CONCLUSION
For the above reasons, it is legal for a person, patron, contract employee, or employee to carry a personal protection spray device on or in all publicly available sites, including Key Arena.
So, my question is, is the Key Arena in violation of state law, or are they hiding behind some sort of contrived excuse similiar to the PSNW decison?
