On or about March 2, 2012, Hayes and others were denied access to PFD property commonly known as the Spokane Convention Center. Hayes was attempting to attend a ‘Ron Paul Rally’ in one of the areas commonly known as the ‘bays’, where the rally was in progress.
Hayes was stopped by Crowd Management Services (CMS), who noticed that he was carrying a firearm. CMS deferred to a sign posted on the wall, which referenced Spokane Municipal Code (SMC) 10.10.050.
SMC 10.10.050 states in relevant part:
Hayes explained to CMS that the code was in error, due to the lack of an exception contained in state law, specifically RCW 9.41.300, which states that such restrictions do not apply to those who have a Concealed Pistol License. Hayes was in possession of a CPL at that time. Security was called, and Mark Williams, head of security, threatened to call police, alleging trespass, due to the cited ordinance. Hayes and others left the premises.
At the time of the incident, the code was in conflict with RCW 9.41.290, because the code lacked the exemption for CPL holders noted above. RCW 9.41.290, commonly known as the state's preemption statute, explicitly prohibits:
RCW 9.41.290, copied here in relevant part, also refers to RCW 9.41.300:
Since RCW 9.41.290 refers to RCW 9.41.300, RCW 9.41.300 is copied here in relevant part:
Since SMC 10.10.050 did not contain the exception embodied in RCW 9.41.300 (2)(b)(i), SMC 10.10.050 was “more restrictive than” the preemption statute allows. To remedy this conflict, the Spokane City Council passed Ordinance #: C35001 unanimously in 2013, adding the following language:
This language brought the Spokane Municipal Code into compliance with RCW 9.41.300.
The PFD Board of Directors was approached after the Spokane City Council passed ordinance C35001, and the PFD Board of Directors was asked to reconsider their policy prohibiting all firearms on PFD premise.
The PFD refused.
Below is the policy in force at the time, copied here in relevant part:
Subsequent to this action, the PFD modified the website, discarding the Policy document in favor of a document called the 'Planner's Guide', which contains a section titled 'Rules and Regulations'.
The Rules and Regulations section contains the following sub-section, titled 'Weapons and Concealed Handguns', copied here in its entirety:
Since SMC now contains, in SMC 10.10.050 (D)(1), the exception specified in RCW 9.41.300 (2)(b)(i), the PFD is now following state law.
Hayes was stopped by Crowd Management Services (CMS), who noticed that he was carrying a firearm. CMS deferred to a sign posted on the wall, which referenced Spokane Municipal Code (SMC) 10.10.050.
SMC 10.10.050 states in relevant part:
A. No person shall bring into any City public assembly facility any cans, bottles, alcoholic beverages, controlled substances, guns, knives or other such devices which are weapons or apparently capable of use as weapons. SMC 10.10.050 (A)
Hayes explained to CMS that the code was in error, due to the lack of an exception contained in state law, specifically RCW 9.41.300, which states that such restrictions do not apply to those who have a Concealed Pistol License. Hayes was in possession of a CPL at that time. Security was called, and Mark Williams, head of security, threatened to call police, alleging trespass, due to the cited ordinance. Hayes and others left the premises.
At the time of the incident, the code was in conflict with RCW 9.41.290, because the code lacked the exemption for CPL holders noted above. RCW 9.41.290, commonly known as the state's preemption statute, explicitly prohibits:
Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality. RCW 9.41.290 (emphasis added)
RCW 9.41.290, copied here in relevant part, also refers to RCW 9.41.300:
Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. RCW 9.41.290
Since RCW 9.41.290 refers to RCW 9.41.300, RCW 9.41.300 is copied here in relevant part:
Weapons prohibited in certain places—Local laws and ordinances—Exceptions—Penalty.
(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:
(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:
(i) 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;
(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:
(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:
(i) 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;
Since SMC 10.10.050 did not contain the exception embodied in RCW 9.41.300 (2)(b)(i), SMC 10.10.050 was “more restrictive than” the preemption statute allows. To remedy this conflict, the Spokane City Council passed Ordinance #: C35001 unanimously in 2013, adding the following language:
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.
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.
This language brought the Spokane Municipal Code into compliance with RCW 9.41.300.
The PFD Board of Directors was approached after the Spokane City Council passed ordinance C35001, and the PFD Board of Directors was asked to reconsider their policy prohibiting all firearms on PFD premise.
The PFD refused.
Below is the policy in force at the time, copied here in relevant part:
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. Spokane Public Facilities District Policy, Weapons and Concealed Handguns. (emphasis added)
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. Spokane Public Facilities District Policy, Weapons and Concealed Handguns. (emphasis added)
Subsequent to this action, the PFD modified the website, discarding the Policy document in favor of a document called the 'Planner's Guide', which contains a section titled 'Rules and Regulations'.
The Rules and Regulations section contains the following sub-section, titled 'Weapons and Concealed Handguns', copied here in its entirety:
The Spokane Convention Center and INB Performing Arts Center are weapons free campus/venues in accordance with the Spokane Municipal Code 10.10.050. Staff also reserves the right to make a determination on what constitutes a weapon. Spokane Public Facilities District Planner's Guide, 'Rules and Regulations, Weapons and Concealed Handguns.
http://spokanecenter.com/core/files/spokanecenter/uploads/files/guides_planner.pdf
http://spokanecenter.com/core/files/spokanecenter/uploads/files/guides_planner.pdf
Since SMC now contains, in SMC 10.10.050 (D)(1), the exception specified in RCW 9.41.300 (2)(b)(i), the PFD is now following state law.
