(Update) McGinn and Mallahan trading shots over Nickels' parks gun ban

Seattle Mayoral candidates Joe Mallahan (left) and Michael McGinn (right) at a Seattle Human Services Coalition forum last week..(Seattle PostGlobe)

A press release and automated calls to voters by Seattle mayoral candidate Mike McGinn’s campaign, accusing opponent Joe Mallahan of wanting to “make it legal to bring loaded firearms to playgrounds, pools, and community centers,” was touching off dueling statements of lying and waffling Friday evening.

And in response to a challenge from McGinn asking Mallahan to say whether he would defend in court a new ban on firearms in Seattle parks, community centers and other facilities where children might be present, Mallahan spokeswoman Charla Neuman was non-committal.

But rather than waffling, she said that was the responsible stance.’

Neuman said, “If Mike McGinn knew a single thing about what it to be mayor, he would know that very rarely are complicated policy issues simple yes or no questions. One more time Mike McGinn is showing he has no regard for how much things cost the city taxpayers. If the ban on guns in parks is effective, Joe Mallahan will continue to support it. Mike McGinn should ask these questions BEFORE he lies to voters and not after.”

However, a reporter pointed out that the ban, being enacted this week by incumbent Mayor Greg Nickels, may be tied up in court when the next mayor takes office, leaving it unclear if the policy is effective.

She responded, “The thing JUST started being implemented. No one who knows anything makes a judgment call like that this early in its implementation. We need to see if it works first.”

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The back and forth began this afternoon. With recent polls showing him either trailing or tied with opponent Joe Mallahan in Seattle's mayoral campaign, Mike McGinn tried Friday to lay out another difference for voters in the last two weeks of the election.

 McGinn sent out a press release noting several comments Mallahan has made recently that casts doubt on his support for the firearms ban.

McGinn’s release said:

Joe Mallahan... signals he won't continue the ban if he's elected mayor...  "Far too many guns are carried in Seattle today illegally and I think that's where we really need to focus."

- Essex Porter, KIRO-TV, October 15 , 2009

"Joe Mallahan says, while he supports what the mayor is trying to do, he is not certain if this is the right way to do it."

- Tonya Mosely, KING-TV, October 15, 2009

"Joe shares concerns about family safety, especially in public parks, and thinks we should look for additional measures to increase safety," says Mallahan spokesperson Charla Neuman.  "He has concerns about whether this is the most pragmatic solution though."

- Caleb Hannan, Seattle Weekly , October 15, 2009

McGinn supports the ban.

The comments were similar to the one Neuman gave the PostGlobe in September, when the ban was announced in September:"Joe thinks it’s a great start toward making children safer in these public venues." But she said gun laws are the jurisdiction of the state and having more teeth in the prohibition would mean working with the state.

On Friday, Neuman reiterated that Mallahan does have concerns about the repeal: "Any responsible mayor would be concerned about tying up the city in litigation." She said Mallahan would not repeal the ban and wants to find other ways that might accomplish Nickels' goals.

An angry Neuman said Mallahan's household received the automated call.

The script of the calls, obtained from the McGinn campaign, says:

Seattle is in the middle of a gun crime epidemic, but Joe Mallahan is siding with the NRA and extreme 2nd amendment groups to repeal Seattle's gun ban in parks. That's right. Parks. Joe Mallahan wants to make it legal to bring loaded firearms to playgrounds, pools, and community centers.

Please join me in voting Mike McGinn for Mayor to help make parks safer for everyone.

In a strongly worded statement, Mallahan said this:

“My opponent needs to stop lying to the voters of Seattle. He should also stop lying to reporters when he says one thing in a news release but something far more extreme in his ugly campaign tactics.  Mike McGinn’s supporters should ask Mike to start telling the truth.

“First he tries to turn the police chief search into a political stunt and now he’s lying about my position on a gun ban in parks. Mike McGinn needs to stop playing games with Seattle’s public safety.

“My opponent must stop taking the low road and end his campaign of robocalls that mislead families with children, seniors and other Seattle citizens about my commitment to public safety.  Mike McGinn cheapens civic dialogue by using public safety as a scare tactic.  Seattle voters are wise enough to spot a candidate desperate enough to play politics with a core community value such as public safety.  

“Make no mistake: I support what Mayor Nickels is trying to achieve with the gun ban in city parks. I look forward to working with community organizations, law enforcement, and neighborhoods to find pragmatic ways to reduce gun violence and crime in our schools, homes, and public parks. I look forward to working with the City Council, and State Legislature to make sure our laws related to common sense public safety issues are enforceable.  I continue to be grateful for the support of the Seattle Police Officers’ Guild, Seattle Police Management Association, former Assistant Police Chief Harry Bailey and others involved in improving neighborhood safety.

The point about the police chief referred to a press conference McGinn held, in which he alleged that Mallahan was slowing the selection of a new police chief.

The automated call’s statement that Mallahan wants to make it legal to bring guns into parks seems to go beyond Mallahan's comments expressing concern about challenging a state law that preempts cities from passing tougher gun control laws that the state.

Still McGinn sent out this release in response to Mallahan's statement:

Mallahan says we are lying, but how?  We said he opposes the gun ban.  His defense:  “Make no mistake: I support what Mayor Nickels is trying to achieve with the gun ban in city parks."

Intent is great, but we're talking about a policy that the next Mayor will inherit.  Will he repeal the policy and related executive orders, or uphold them?  Will he defend them in court?

Last night Essex Porter reported that Mallahan signaled he will repeal the ban, and then had Mallahan on film talking about a focus on illegal guns.  That's what the NRA says when they oppose gun control, and it's telling that Mallahan's response to a question about gun control is to use an NRA talking point.

Being Mayor isn't about intentions, it's about making actual policies.

Joe Mallahan should answer this question: does he support the public park gun ban policy? It's a simple Yes or No question.

It was in response to that yes or no question that Neuman said Mallahan wants to first see if it is effective.

At issue, say gun rights groups, is a state law that preempts local governments from passing stricter gun laws than the state. Nickels spokesman Alex Fryer acknowledged that’s the case. But the city argues that state law does not prohibit a property owner from imposing conditions on the possession of firearms on his or her property.

 “ The premise underlying the proposal is that as the owner and operator of facilities where children and youth are invited and welcome, Parks may, just like any other property owner, establish and post reasonable conditions on entry or use of the facilities, including one prohibiting the possession of firearms at those facilities,” the release said.

At issue -- and what may be at the heart of Mallahan's questions -- is the contention of gun rights groups that state law preempts local governments from passing stricter gun laws than the state.

Alan Gottlieb, chairman of the Citizens Committee for the Right to Keep and Bear Arms and founder of the Second Amendment Foundation, said the groups have already identified Seattle residents who would be the plaintiffs in a lawsuit and the groups will indeed sue if the rule goes into effect.

Nickels spokesman Alex Fryer acknowledged state law does bar cities from passing stricter gun laws. But the city argues that state law does not prohibit a property owner from imposing conditions on the possession of firearms on his or her property.

 “ The premise underlying the proposal is that as the owner and operator of facilities where children and youth are invited and welcome, Parks may, just like any other property owner, establish and post reasonable conditions on entry or use of the facilities, including one prohibiting the possession of firearms at those facilities,” Fryer said.

Gottlieb argued that’s not the case with public parks. “The parks are the property of the citizens of Seattle,” he said. “Mayor Nickels does not own the parks.”

On Wednesday, Nickels announced the Seattle's parks department will begin putting up signs barring firearms in city parks and other facilities. As soon as a sign is up, the possession or display of firearms would be banned at that location. The signs will be posted first at South Park Community Center, 8319 8th Ave. S; Garfield Community Center, 2323 E. Cherry St.; and Bitter Lake Community Center, 13035 Linden Ave. N. All designated facilities will be posted by Dec. 1.

McGinn seized on Mallahan's use of the word "pragmatic" and tied it to Mallahan's support for replacing the Alaskan Way Viaduct with a tunnel.

"'Pragmatic solution' seems to be Joe's code phrase for ignoring public opinion," McGinn's release said.

Gun rights activists have said that most people responding to an online city poll about the ban were opposed to it. The city acknowledged that, but said most of the comments came from people outside of Seattle.

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