MONDAY COURT HEARING DELAYED
NICKELS THREAT OF ENCAMPEMENT SWEEP
DELAYED UNTIL 12:00 PM WEDNESDAY
Since yesterday's Email Alert Mayor Nickels and City Attorney Carr
have taken several new actions aimed at sweeping Nickelsville from its
present location at Daybreak Star Cultural Center.
Late Friday afternoon two New "Legal Notices" went up around
Nickelsville. The first was reported in yesterdays "Urgent
Nickelsville Update." It changed the date that Mayor Nickels
threatened to sweep the encampment to Monday (from Sunday.)
The second, later City action came from 'DPD' (Seattle's Department of
Planning and Development.) It was a Land Use Notice of Violation
(NOV) similar in form to the one the Nickels Administration had issued
the previous week (on the State of Washington's Department of
The NOV issued on Friday says that 'the encampment' (Nickelsville) is
a violation of the Land Use Code. It states that if said encampment
is not removed by 5:00 PM Monday, October 6th, penalties of $150.00 a
day may commence.
Interestingly, the NOV demands the removal of the encampment from not
only Daybreak Star and Discovery Park but also "ALL OTHER PROPERTY
LYING WITHIN THE CITY OF SEATTLE CORPORATE LIMITS." As long as
Nickelsville exists, the persons the city believes are responsible are
at risk of fines.
The NOV lists as 'PERSONS RESPONSIBLE FOR THE VIOLATIONS:
SHARE/WHEEL (based on 3 locations, including one in Vancouver, WA) the
Interfaith Task Force on Homelessness (twice), Encampment Occupants,
Veterans for Peace Chapter 92, ROOTS (4 times) and the following
individuals: Diane Christie, Scott Morrow, Bill Kirlin-Hacket, Daniel
H. Gilman, Sinan Demirel, Woody Pidcock, David Bloom, and John and
This morning (Saturday) the attorney for several Nickelodeons spoke
with City Attorney Tom Carr's Office. An email was then sent from
Carrs Office to the Nickelodeon Attorney recapping this discussion.
In the Email City Attorney Carr's office stated that the earliest
possible time they would try to sweep Nickelsville would now be
Wednesday, October 8th at 12 PM. The Nickelodeon Attorney agreed to
not seek a temporary restraining order on Monday from the courts.
These actions mean:
1) There will be no Court Hearing on Monday. It is likely, however,
that a Court Hearing will still be necessary before the new Noon
Wednesday Deadline to sweep Nickelsville. This is because the Memo
from City Attorney Carr's Office makes clear they suffer under the
delusion that there is sufficient and suitable shelter for all in
Seattle. Negotiations are unlikely to cure this delusion.
KEEP CHECKING DAILY FOR NICKELSVILLE E-MAIL ALERTS. Your presence
will be needed when we go to court. You will be informed here as soon
as we find out the court date.
2) If proactive attempts in Court to stop the sweep of Nickelsville
fail, camp residents will have to decide whether to stay put and
oppose these immoral and unconstitutional sweeps, or to move to
another location. In either case, your help will be needed. This
could be anytime after noon on Wednesday October 8th.
3) Legal Counsel for those being threated by the City with either
fines or sweeps are cordially invited to meet together at Monday
October 6th, 9:30 AM at the offices of the Attorney's representing 3
of the Nickelodeons.
This is the Northwest Justice Project at 401 Second Avenue South,
4) Continue to seek out attorneys to represent those being threatened
by the city. Encourage them to contact me with questions or offerings
5) If you haven't already, thank the United Indians of All Tribes
Foundation for not asking Nickelsville to leave, despite the threats
from Mayor Nickels, please do so now.