Change to Pasco code addresses protesters who block traffic

A change in the Pasco Municipal Code means officials now must prove protesters are intending to block pedestrians and traffic before they can be cited with a crime.

City Attorney Leland Kerr proposed the amendment after reviewing Washington case law and finding “intent of the party is a necessary element that must be demonstrated in order to support a conviction,” according to a city staff report.

Now, the word “intentionally” will be inserted into the chapter covering “Street or Sidewalk Interference.”

The ordinance was approved Monday night by the Pasco City Council and will go into effect this coming weekend, five days after its approval.

This provides “an effective deterrent to conduct that might obstruct the public’s use of streets and sidewalks,” while also protecting the exercise of free speech, the ordinance states.

Deputy City Manager Stan Strebel has told council members the amendment is largely a housekeeping measure to “make sure we don’t run aground of case law.”

While the staff report doesn’t mention it, the code change is coming a year after large groups of people stopped traffic on Pasco streets with a series protests following the fatal police shooting of Antonio Zambrano-Montes.

On the two-month anniversary of his death, protesters staged a “die-in” at 10th Avenue and Lewis Street, annoying some drivers who were trying to get through the usually busy intersection.

The misdemeanor violations listed in the amended chapter include failing to disperse, obstructing traffic and sitting, laying or sleeping on a public right-of-way.

The code says it is unlawful for a person or group to congregate on any public highway, street, alley or sidewalk in the city and interfere with its use. That includes refusing orders by a law enforcement officer to “move on” or put an end to the interference immediately.

A large section of downtown Pasco is covered in the prohibition regarding sitting or laying in the right-of-way. It extends from the railroad tracks on the east and 14th Avenue on the west, to Bonneville Street on the north and A Street on the south.

The code basically says people who are on the ground on a street or sidewalk within those borders must be dealing with a medical emergency or doing repair work to the public right-of-way or a nearby building or property.

An exemption applies if the person or group has been issued a special permit by the city of Pasco.

Council members didn’t have any discussion on the topic at two separate meetings.

This story was originally published March 7, 2016 at 10:38 PM with the headline "Change to Pasco code addresses protesters who block traffic."