This morning I am announcing the filing of felony charges against nine members of an organized protest group that came to Seattle last month, took over a tower crane and shut down a construction site in the Belltown area.

The nine defendants are a highly organized team of professional protesters, who hail from various parts of the country and Canada. Only one of the nine lists a Seattle address.

In the early morning of February 19th five of the nine defendants illegally entered the construction site by cutting through the fence. They climbed to the top of the tower crane and secured a net over the door of the cab so that no employees could enter.

Shortly before 7 a.m., a tower crane operator employed by the Swinerton Construction Company climbed up to enter his crane cab, which is 240 feet above the ground. He found one of the female defendants blocking the entrance to his cab, which had also been covered by a net.

This defendant told the tower crane operator that they were there to get press coverage of their protest and would be in control of the crane for at least two hours. 

The defendants were not protesting the Swinerton Company, but selected their construction site in downtown Seattle as a place to unfurl a huge banner measuring over 2000 square feet that protested logging practices.

As the five defendants inside the construction site took control of the crane and attempted to unfurl the banner, a ground support team of four defendants was communicating with the defendants in the site by two-way radio.

The defendants on the ground also had written press releases ready to hand out under the letterhead of a group called the Rainforest Action Network. 

It promised the news media “dramatic visuals from a daring protest”.

Police officers on the scene overheard radio transmissions between the ground support team and those on the crane, including discussions about an escape plan for the protesters on the crane.

Officers took control of the radios on the ground and ordered the defendants on the crane to come down. 

The defendants refused to come down and remained on the crane until 11:20 a.m., an illegal interference that lasted more than 4 ½ hours. 

Evidence seized by police includes paychecks and contracts for payment from the Rainforest Action Network to the defendants, apparently for their protest efforts. 

There were also notes that indicated that the February protest had been planned since December.

During this three-hour standoff, enormous public resources were spent responding to the scene. 

The Seattle Fire Department was called to alert, sending a technical rescue team, an engine company, a ladder truck and an aid car.

The Seattle Police Department diverted over 50 officers and equipment from other parts of the city to restrict public access to the scene and be prepared for emergency measures. Traffic had to be diverted from the area during the entire morning rush hour.

The Swinerton Construction company estimates its damages to be $100,000 in delays and schedule changes and the cost to re-certify the crane with state inspectors. 

Swinerton employees lost combined wages for the day in excess of $20,000. 

There is a proud tradition of protest and civil disobedience in American history. 

The Constitution of the state and federal governments guarantee the people the right to assemble and to speak, but that right is not unlimited. 

The exercise of free speech also carries the responsibility to respect the property and liberty of others. 

Protesters who decide to draw attention to their political message by trespassing on a public road or defacing public property will face consequences.

In the recent past we have prosecuted protesters who blocked the 520 bridge, creating huge traffic jams and endangering public safety. 

These local protesters faced gross misdemeanor charges.

This professional protest group took that idea one step further – shutting down not only a large section of downtown Seattle, but causing significant harm to the innocent construction company and its employees who were working at the private construction site.

These defendants left their First Amendment rights behind them on the sidewalk when they cut through the fence and entered the construction site. 

The defendants had no right to commandeer a tower crane, shut down a construction site and an entire part of downtown during rush hour to make their political statement.

As professional protesters, they planned for months to cross the line from protected speech to illegal conduct. 

They chose to break the law to attract more attention to their protest.

They knew that they would be prosecuted if they were caught. Today we deliver the consequences for this conduct.

The statute we are utilizing today has only occasionally been used in the state of Washington, but upon close examination, the elements of this crime fit the conduct alleged here perfectly:

The statute is called Criminal Sabotage. 

To prove the crime of Criminal Sabotage, the prosecution must establish that:

First, a person acted with the intent that they would interfere with, interrupt or obstruct the operation of any public or private business where a person is employed for a wage

And 

Second, that the person unlawfully took or retained possession or control of any property or machine used in such business or enterprise.

The protesters who entered the Swinerton construction site and seized control of the tower crane are charged with this offense. The ground crew that assisted with the crime are charged as accomplices.

Criminal Sabotage is a felony offense. Criminal sabotage is ranked as class C, with a maximum penalty of up to 5 years and a $10,000 fine and a standard range of up to 12 months in jail.

For more information, see: King County Prosecutors Charge Protesters with Sabotage

Updated: March 18, 2004