Source – Apple Valley News – February 4, 2022 – https://www.applevalleynewsnow.com/news/local-news/city-of-selah-settles-free-speech-lawsuit-alleging-targeted-removal-of-signs-supporting-blm-racial/article_7421937e-de11-5c46-b910-90c7f647e98a.html
SELAH, Wash. — After nearly two years, the City of Selah has settled a lawsuit with the Selah Alliance for Equality, which was sparked by the city’s repeated removal of Black Lives Matter chalk art and signs supporting racial equality.
As part of the settlement, the city has agreed to make significant changes to sign code enforcement, recruit diverse job applicants, provide employees with diversity training and create visual ways to signify Selah is a welcoming, inclusive community.
“We’re in admiration of the resolve that the plaintiffs have had in sticking to their guns on these core issues and we’re grateful that the city ultimately has agreed to more than just a monetary settlement,” said Joseph Cutler, an attorney with Perkins Coie LLP, who represented SAFE in its lawsuit against the city.
The lawsuit was filed in 2020, after community members alleged the city had censored their free speech by destroying chalk art and signs in support of BLM, promoting diversity and calling for the removal of former city administrator Don Wayman.
“The allegations in the lawsuit were pretty simple; the sign code was unconstitutional as it was written, because it discriminated based on the content of the message of the sign,” Cutler said.
Mayor Sherry Raymond said they’re in the process of looking through their municipal codes and determining whether there are any other areas that are outdated or could use revision.
“For us the biggest thing was the sign code,” Raymond said. “We truly thought we were doing the right thing, but our codes were not up to date.”
As part of the settlement agreement, the city will:
- Pay a settlement award: The city will have its insurance risk pool pay $300,000 to Perkins Coie LLP, which will hold the funds temporarily for SAFE.
- Create and pay for a mural: The city will pay up to $25,000 to create a mural that, including creation of a mural commission with members chosen by Mayor Sherry Raymond of behalf
- Add an honorary park name: The city will add the secondary honorary name of “Chief Owhi Park” to the Volunteer Park sign, in recognition of Chief Owhi of the Yakama Tribe.
- Issue a proclamation about sign tampering: The city will issue a proclamation warning residents and visitors not to tamper with signage and stating the city’s commitment to welcome and serve all people.
- Increase diversity in the city’s job applicant pool: The city will implement a plan for increasing diversity in the city’s job applicant pool by posting employment opportunities on websites that target jobseekers of color and underrepresented minorities.
- Revise the standards of decorum for public comment: The city will revise the standards of decorum to allow residents to criticize the official actions of city officials and staff during the public comment period at city council sessions.
- Provide diversity training for staff: The city will provide diversity, equity and inclusion training for all employees.
- Abstain from selective sign enforcement: The city will agree not to enforce its sign code selectively against SAFE.
Raymond said she’s glad to have finally reached a settlement agreement and looks forward to bringing the community back together again. She said everyone can benefit from diversity training because times have changed.
“People have gone a long time with things the way they are and it’s kind of a wakeup call to realize we need to pay attention to this diversity and come back together as a city and as a community,” Raymond said.
