Youth Voice for Orcas: London Fletcher

Above: London Fletcher, 11, of Blaine, Washington, delivered a fiery speech at a rally for the remaining 74 Southern Resident orcas on the steps of the Temple of Justice in Olympia on Friday.

“We can no longer wait for the gears of bureaucracy,” Fletcher said.

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

On behalf of the climate and Earth’s creatures, youth voices are rising. No longer can they be ignored and no longer will they be silenced.

London Fletcher, 11, of Blaine, Washington, wants to be a marine biologist specializing in cetaceans. 

In an article written two years ago for Dam Sense, Fletcher wrote, “Do not be distracted by my age. Please pay attention instead to the facts that we all need to know about our salmon and our killer whales.”

A marine activist for years, Fletcher is president and founder of The Blue Advocates Group, an ocean awareness organization for children and teens in Blaine, as well as a responder for the Whatcom Marine Mammal Stranding Network and a research assistant at the Orca Research Trust. She is the world’s youngest member of the Society of Marine Mammalogy.

She has visited the Snake River dams and in August testified in front of the Southern Resident Orca Task Force convened by Washington State Governor Jay Inslee.

Inslee received a report by the task force on Friday and said he will review its 36 recommendations.

No one appeared to be distracted during Fletcher’s fiery speech about the remaining 74 Southern Resident orcas at a rally in Olympia on Friday.

In fact, her words brought tears to the eyes of some observers as she delivered them on the steps of the Temple of Justice.

“We can no longer wait for the gears of bureaucracy,” Fletcher said, her words loud and clear.

“Governor, I come to you again today on behalf of the critically endangered Southern Resident Killer Whales of the Salish Sea, the 700 thousand people who have signed our petition to breach the lower four Snake River dams, and as the spokesperson of the generation who will inherit the problems stemming from the decision you make today.

“Mr. Governor, in your inaugural speech, you said you want to reinvest in ourselves, in our future and in our children’s future, and to do these things we must act in a bipartisan way. You said that our core mission is serving the people of Washington, and every single thing we do should reflect that mission. Well, Mr. Governor, the people of Washington have spoken and you’re right, it is time to remember who we are as a state.

“Now, I must ask, who are we as leaders? Is your administration going to be remembered as the orca killers? Or the ones who stopped the relentless march of extinction in its tracks and set sail on a course toward a brighter future?

“Mr. Governor, I ask again, what legacy will you leave behind for my generation? Will it be a legacy of crippling debt? Will it be a legacy of mass extinction and barren waters? Or will it be a legacy of hope and prosperity?

“…the legacy you leave behind will be defined by your bravery or by your cowardice. That choice is yours to make, Mr. Governor,” she continued.

Recommendation 28 of the Orca Task Force suggests suspending the viewing of Southern Resident orcas in Puget Sound for the next three to five years.

Fletcher took issue with this and other recommendations:

“The laundry list of recommendations and the ‘bold’ last minute introduction and passage of wording proposing a meaningless moratorium of a benign activity while skirting the major problem for these whales – salmon population crashes throughout their range – is appalling.

“Mr. Governor, I implore you to do what is right so your grandchildren will be able to say on this day, ‘My Grandfather stood for what is just and what is right.’

“Today, I am young and life is long, and my purpose is clear. The days of killing our rivers, streams, fish and precious Southern Resident Killer Whales are numbered and I will never give up this fight.

“Today I made good on my pledge to fight for the orca and I hope that you stand with folks like me, and those you see before you today on the steps of our State Capitol who come to beg for the lives of these precious animals.

“Mr. Governor, the evil of the extinction and extermination of a noble and sentient family of whales unlike any other in the world is upon you.

“The entire world is watching. Do the right thing.”

Above: An “Orca Formation of Mourning” rally for the remaining 74 Southern Resident orcas was held on the steps of the Temple of Justice on Friday in Olympia. It was organized by the Sea Shepherd Conservation Society, Portland.

Little Hollywood wrote about the Southern Resident Orca Task Force recommendations and Friday rally at http://janineslittlehollywood.blogspot.com/2018/11/rally-for-74-orca-task-force.html

Rally for 74, Orca Task Force Recommendations Released

Above: An “Orca Formation of Mourning” rally for the remaining 74 Southern Resident orcas was held on the steps of the Temple of Justice Friday in Olympia. Indigenous speakers included Jesse Nightwalker, his mother Carrie Chapman Schuster Nightwalker, center, and his sister Della Ann James Cootes, all of the Palus (Palouse) Tribe.

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

Washington State Governor Jay Inslee received a list of 36 recommendations in a report made by the Southern Resident Orca Task Force on Friday.  

Inslee said he and his staff will review the recommendations and assess each one for the most impact in the short and long-term. 

The report is available at:
https://www.governor.wa.gov/sites/default/files/OrcaTaskForce_reportandrecommendations_11.16.18.pdf?utm_medium=email&utm_source=govdelivery

One of the draft recommendations discusses the potential breaching or removal of the Lower Snake River Dams, but couched it in terms of not interfering with the current Columbia River Systems Operation National Environmental Policy Act (NEPA). 

For some, that spells indefinite delays in the process.

The Southern Resident Killer Whales do not have time. The population has declined to 74, which is the lowest number of Southern Residents in more than three decades.

In response to the release of the report, an “Orca Formation of Mourning,” was held on the steps of the Temple of Justice Friday afternoon in Olympia.

The event was organized by the Sea Shepherd Conservation Society, a non-profit, marine conservation organization based in Friday Harbor on San Juan Island, Washington.

The group urged Governor Inslee to call Lt. General Todd Semonite of the U.S. Army Corps of Engineers and demand the immediate breach of the Lower Snake River dams. 

An environmental impact statement already in place suggests breaching the dams and could be chosen by the Army Corps of Engineers.

Seventeen seconds of silence was also held in honor of Tehlequah and her calf. Tehlequah was the orca who birthed a calf and held onto it past its death for 17 days last August.

Indigenous speakers at the rally included Jesse Nightwalker, his mother Carrie Chapman Schuster Nightwalker, and his sister Della Ann James Cootes, all of the Palus (Palouse) Tribe. Jesse Nightwalker said that he attended every meeting of the task force.

The Nightwalkers also delivered a petition, “Recommendation 74,” to the Governor’s Office calling for the breaching of the Snake River dams so the Southern Resident Orcas may enjoy their right to life, which includes their food source, the Chinook from the Snake River Watershed.

Later, activists chanted, “Tell the Corps to Breach All Four,” in the hall outside the Governor’s Office, meaning all four dams. The Governor did not make an appearance.

“We seek to have the dam removal agreement of 50 years ago, made with two Senators, Jackson and Magnuson, who promised to remove the dams with a handshake agreement with my grandmother, Mary Jim Chapman. We seek to have the state honor the agreement indefinitely,” said Jesse Nightwalker.

“This is a formal request of the Palus (Palouse). The Dams on the Snake River have forever been the bane of our existence. Our family was taken away from our land after existing there in the last living encampment there, for over 14,000 years. 

“As an endangered human species, our survival was tied to the provision of fishing Salmon, gathering, and hunting on the lands surrounding the Snake River. We were wrongfully removed by the government, like an orca put into a tank miles away from home, to make way for the Army Corps of Engineers to build the dams and were promised to be able to return after 50 years,” he wrote in his petition to Governor Inslee.

Above: Jesse Nightwalker, right, and his sister Della Ann James Cootes, center, Palus (Palouse) Tribe, deliver a petition, “Recommendation 74,” to the Governor’s Office calling for the breaching of the Snake River dams. Michelle Seidelman, rally organizer with Sea Shepherd Conservation Society, Portland, stands to their left.

Where there were once millions of wild Chinook, there are now less than 10,000, said Howard Garrett of the Orca Network.

“The orcas are starving. The monster dams are killing fish and orcas, and worst of all, there is no real need for four deadly dams on the lower Snake River,” he said.

Garrett and other speakers expressed impatience with the 45 member task force.

“They’ve been asked to come to a consensus about where to place priorities that are guaranteed to impact, sometimes severely, the vested interests and economic future of their own identity group,” he said.

But also said there were good things in the report, he said, including salmon and forage fish enhancement, toxin reduction and the need for funding and legislation action, and breaching of the dams, someday.

Southern Residents are classified as endangered in Washington and surrounding waters, under the U.S. Endangered Species Act and in Canada under the Species at Risk Act.

According to the task force, three primary factors threaten Southern Resident populations: prey availability, legacy and new toxic contaminants, and disturbance from noise and vessel traffic.

Recent studies indicate that reduced Chinook salmon runs undermine the potential for the Southern Resident population to successfully reproduce and recover.

Both Southern Residents and Chinook salmon populations are adversely impacted by warming oceans and ocean acidification due to climate change.

Presence of contaminants and accumulation of pollutants in Washington’s waters are also linked to the decline of Southern Residents. Key sources of contamination in stormwater runoff remain to be addressed and the potential for a catastrophic oil spill continues to threaten Southern Residents and the entire ecosystem of Puget Sound.

In addition, increased boat and ship traffic has caused greater underwater noise that interferes with Southern Resident critical feeding and communication.

Inslee Statement

In a statement released earlier in the day about the task force, Inslee said that the resulting process “brought together diverse voices from a variety of perspectives, yet all had the same goal – to protect and recover these iconic and endangered creatures.”

“These recommendations include the weight of extensive public engagement and feedback. We heard from thousands of people from all over the state, region and the world who are very passionate about saving these animals,” he said.

The task force, co-chaired by Stephanie Solien and Les Purce, will continue its work in 2019. The executive order charges the task force with producing a second report outlining the progress made, lessons learned and outstanding needs by October 1, 2019.

Above: Orcas joined in a chant, “Tell the Corps to Breach All Four,” in the hall outside the Governor’s Office in Olympia on Friday.

Olympia Attorney Fights for His Life, Nature

Above: Darren Nienaber, former deputy city of Olympia attorney and father of three young children, is looking at the big picture as he battles class 4 glioblastoma brain cancer. He has started an environment and land use education non-profit called People and Otters.

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

Characteristically, Darren Nienaber, 47, has always spoken slowly and quietly, choosing his words carefully.

For 18 years, the former deputy city of Olympia attorney has worked as an attorney for both city and county government, specializing in land use and environmental law.

Now, Nienaber (pronounced nee-neighbor) is on a mission to use his legal expertise to protect nature in the Pacific Northwest, especially in Western Washington and Oregon.

His goal is to educate decision makers and the public about federal, state and local environmental codes and regulations. While assisting community members with advice and potential litigation, Nienaber is also fighting for his life.

A father of three young children, Nienaber has class 4 glioblastoma, a rare, aggressive type of brain cancer with a low rate of survival.

In December 2015, Nienaber had brain surgery to remove the cancer. All was well for a while, but then it came back.

He had a second surgery in January of this year and is now undergoing chemotherapy and other treatments. In May, he left his position at the city.

“I hope this does the trick. I’m doing all I can do to fight it,” says Nienaber, who talked about his outlook on life and new endeavors with Little Hollywood last week. 

Chuckling at the irony, Nienaber said he had just paid off his law school debt when he found out he had cancer.

To further his environmental interests, Nienaber recently created a new non-profit called People and Otters. Asked about the name, he laughed and said, “I picked otters as a representative of nature out of total cuteness.” 

The idea is working. On his website, his creative writing oozes his upbeat personality and passion for conservation issues.

The purpose for the organization came to him after his first brain surgery, when he realized his sense of smell was more acute. 

“I could smell so-called odorless paint for months,” he said. His sense of hearing also improved. That led him to think about the animals in nature.

“It’s not surprising that some animals want to avoid state and federal logging roads. The roads are noisy and generate a lot of dust that damages streams….Then it occurred to me: can there be more places without roads and areas set aside just for nature?”

Above: The distinctive, loud drumming of several pileated woodpeckers boring into trees could be heard well before they could be seen along Sequalitchew Creek in DuPont on Tuesday.

With deep family roots in Whatcom County, Nienaber was born and raised in Bellingham. He grew up playing in nearby forests, building forts, hiking trails, and having Douglas fir cone fights with his buddies.

Well into his 20s, his days were also filled with lying on the beach and playing in tide pools, observing barnacles and crabs.

He started his college education taking classes in finance but ended up graduating in environmental analysis from Huxley College of the Environment at Western Washington University.

He was the editor of an award-winning environmental magazine called The Planet and appreciated his time with faculty member Michael Frome, a nationally known environmental journalist.

“He said to me, ‘You have to talk to the other side to understand what they are saying. Don’t just get mad and angry from a distance,’” Nienaber remembers. 

Wanting to help the environment from within the system, Nienaber received his law degree in 2000 from Lewis and Clark College in Portland, Oregon. He had legal stints in King and Mason counties before landing at the City of Olympia in 2005.

True to his temperament, Nienaber has a unique approach to adversarial situations.

“I am not afraid to take a strong stance for my client, but that doesn’t mean I have to be mad while doing it,” he said.

Above: In January, 2010, then deputy city attorney Darren Nienaber spoke before the city’s Design Review Board. The contentious issue was Triway Enterprises’ plan to build a massive housing and mixed-use office building project on the isthmus in downtown Olympia. Going against a city staff recommendation to approve the project, the Board recommended denial of the applicant’s plan.

State, County, and City Reforms Needed

Nienaber is enjoying his ability to be outspoken as a private citizen and says anyone can be a city planner or an activist if they get involved in the process. 

Optimistically, Nienaber is taking the long view on state, county, and city level environmental reforms.

On the state level, his interests include improving federal and state land management and logging practices. He wants to stop outright clear cutting and limit the harsh impacts of extensive road systems within the forests.

“There should be more all-natural nature than there is,” he says.

On the local level, he has voiced his desire for city and county officials to take themselves out of all levels of permit processes in land use decision-making.

Out of respect for his former employer, Nienaber demurred when asked about examples specific to Olympia, but referred to last month’s Washington State Supreme Court decision against the county, Maytown Sand and Gravel, LLC v Thurston County. 

The case involved a 20-year special use permit to mine gravel in Thurston County. The Maytown Sand and Gravel Company and the Port of Tacoma claimed the county’s board of commissioners imposed unnecessary procedural hurdles on the process, and had personal communications with others about the permit that were not disclosed during a permit review hearing.

“Regardless of political party or what may or may not have not been discussed, private conversations in quasi-judicial, administrative and appeal processes are bad. A lot of land use decisions go to the county commissioners that shouldn’t. In this case, millions were paid out by the taxpayers and the county’s insurance company, eight million to the Port of Tacoma and four million to Maytown Sand and Gravel.

“Unfortunately, there was an appearance of corruption. Land use cases should be handled by hearing examiners who have the knowledge and expertise to deal with cases on a local level. If there are specific concerns about the local environment, the hearing examiner needs to be made aware of them,” he said.

Referring to the Appearance of Fairness Doctrine, he said the City of Olympia is a good model for this process.

About growth issues, Nienaber has seen first-hand how city councils need more options to attract infilling of their downtown and neighborhood centers.

“All too often, these areas are too risky to invest in because of legacy pollution,” he said.

Nienaber recently wrote a letter to Washington State Governor Jay Inslee regarding the state Department of Ecology’s Toxics Cleanup Program, which is responsible for the Model Toxics Control Accounts (MTCA).

“It is an underfunded program,” he wrote the governor last month.

“This is a problem that I think both conservation/ environmental groups and the development/construction side can agree. People and Otters strongly supports both a significant increase in funding, in the short term to take care of a back log, as well as funding to increase the number of (Ecology) employees that review MTCA cases.”

Referring to the Washington State Growth Management Act and local project review requirements, Nienaber says increased funding will move projects forward more quickly so small and medium sized cities can rebuild and reinvent.

If all this seems like Nienaber has a lot on his plate, he does, but he’s also taking time to enjoy the nature he loves so much. He recently took a trip to Alaska with his children, and often takes day trips to local destinations.

“I had thought I would be able to protect nature when I retired. Now, I don’t know how much time I have left.

“I must first and foremost fight the cancer and also love my loved ones. With whatever time I have after that, and fun time too, I want to fight for nature. That’s my mission. I don’t know where this will go, but I have lots of hopes and dreams of a better day for nature.”

For more information about People and Otters, go to https://www.peopleandotters.org or on Facebook, go to https://facebook.com/peopleandotters.

Native Women Occupy Washington State Capitol Overnight

Above: Seven Native women peacefully occupied the Washington State Capitol Campus in front of the Legislative Building in Olympia on Monday night. After being told to disperse, a representative for Governor Jay Inslee told them that they would be allowed to stay. Negotiations with a federal representative will occur on Tuesday.

Interview with Water Protector Janene Hampton

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

The first day of the Washington State Legislature’s 60 day session in Olympia on Monday began with a climate justice rally organized by 350.org and other climate action groups and ended with the overnight occupation of the Capitol Campus by seven Native women.

Major themes for the morning rally were stopping Puget Sound Energy’s liquid natural gas facility which is being built at the Port of Tacoma on Puyallup Tribal land, encouraging renewable energy, an end to fish farming, and protection of the 76 remaining Southern Resident killer whales in Puget Sound.

While the rally was underway, a Native encampment with several “tarpees” occupied the strip of grass located between the Legislative Building and the Temple of Justice. 

Tarpees are portable shelters made out of tarps and not to be confused with teepees.

Above: The Native encampment occupied the Washington State Capitol Campus in Olympia on Monday.

An unexpected situation for Capitol Campus facility staff occurred when they approached the camp at about 4:40 p.m. and requested that the “tents” be taken down, saying they were in violation of Capitol Campus grounds rules. 

According to policy, the structure could be there but they would have to put a wood floor down, remove the stakes and not have anyone in it overnight and move it every five days. 

One tarpee was occupied by seven indigenous women, including a 12 year old, who were threatened with arrest for trespassing.

When they did not leave, representatives for Governor Jay Inslee came out and delivered a message to say that the Washington State Patrol could be called to clear the camp.

A civil discussion of the issues ensued between Native camp representatives and Inslee’s staff. Inslee was working on his State of the State address, which he will deliver Tuesday at noon.

The land that the Washington State Capitol Campus occupies is Medicine Creek Treaty Land. 

After it was clarified that the Medicine Creek Treaty supersedes the State of Washington, a representative for Inslee came out and said that although they were trespassing and the occupation was unpermitted, the Washington State Patrol would not do a sweep of the camp as long as there was no danger or violence. 

The women were expected to spend the night on the Capitol Campus grounds in front of the Legislative Building. Negotiations with a federal representative will occur on Tuesday.

A live feed posted on Paul Cheoketen Wagner’s Facebook account chronicled the drama as it unfolded.

When Wagner requested that Governor Inslee call a federal government agent who deals with treaty rights, Inslee’s representative asked Wagner, “How long do you want to stay?”

“Fifty-nine days,” replied Wagner. “It’s not so much to ask - we’re on our own land!” Wagner laughed.

Saying that the LNG terminal violates all the treaties and cultural genocide is being delivered, Wagner said, “We’re here…we’re going to be here and exercise our treaty rights…and make sure they know that we’re doing this work, and they need to do this work too.…The luxury of time is gone. The luxury of weak decision making and decision making for the corporations and profiteering – that era is over and we need to realize that we are in a different era today and the choices are limited if we want to have a future....Celebrate the victory we have tonight – for future generations.”

Above: Paul Cheoketen Wagner, Saanich First Nations of Vancouver Island, who is credited with creating the tarpees used at Standing Rock, spoke earlier in the day at the climate justice rally on the Capitol Campus. Elizabeth Satiacum, Quileute, in purple coat, holds up a copy of the Medicine Creek Treaty.

Interview with Water Protector Janene Hampton

The night was quiet at about 9:00 p.m. when Little Hollywood interviewed Janene Hampton, Colville and Pentictan Indian Band, one of seven women spending the night in the tarpee.

A massage therapist and mother of three grown daughters, Hampton says she closed her massage practice to go to Standing Rock and stayed for six months. 

She now works at a spa in Bellevue that is supportive of her being in Olympia. She told them that she may need 60 days off, she says, laughing.

While the Washington State Patrol patrolled the area, the conversation turned more emotional as Hampton described how indigenous people have always known that they are supposed to protect the water.

“...The womb itself is water, the uterus, where the spirit goes from the spirit world into the human form...that is why we are water protectors. The men are the fire keepers but we are the life givers.

“Three hundred Tribes gathered to try and stop the Dakota Pipeline. There are 700 pipelines in the United States, and we are fighting the LNG in Tacoma. It is on a fault line….We have the right to our way of life, so we’re here because we want to be heard. Even today, when we were in [the opening ceremonies for the House and Senate], there were chants - ‘It’s not an Evergreen State if you don’t take care of the water.’ We are literally fighting for our culture not just for us but for everybody and not just here in Olympia.

“I have to talk like you in order for you to listen and that hurts because I’m losing my tradition. This is my family. It’s a sacrifice. It’s not easy. I worked double shifts so I could be here and not fundraise and ask for money. To me it’s really important to be self-sufficient...You don’t want to be a burden to the movement. You want to be able to help. 

“We have until noon on Tuesday and a federal agent will come...I honestly think they [Capitol Campus grounds staff] were stumped as to where they stood legally. I’m in traditional dress and I think they respect me more when I’m dressed traditional. I’m representing the people...I have to be pure of heart and do things in a good way. I cannot be violent, I cannot engage with them. This is a mentality that we got from Standing Rock...[law enforcement] were paid to try to make us engage so that they could fire upon us…and so, that’s the way that I walk, gently, so that I don’t put lives in danger. I am literally in ceremony.”

“When you’re in ceremony, you’re not supposed to draw attention to yourself...people take pictures of you all the time, you’re in a spotlight, you still have to represent the people. Just because I’m out here doesn’t mean I want to look broken. There’s a standard that you want to put out there because people look at us like we’re dirty and uneducated, they just don’t have respect. A lot of people don’t even know we exist. They think we’re in history books….

“I do educate people when I give massages. They’re on the table for an hour, so they’re like, “So, how long have you been here?” I’m like, “Well….” 

And then Hampton laughs again.

Above: Robert Satiacum, center, holds a copy of the Medicine Creek Treaty on the Capitol Campus on Monday.

Changes to Police Excessive Force Law Proposed by Black Alliance of Thurston County

Above: As Governor Jay Inslee waits to speak, Dr. Karen Johnson, chair of the Black Alliance of Thurston County, speaks at Monday's Dr. Martin Luther King, Jr. celebration in Olympia. Nat Jackson, far left, a member of the Black Alliance of Thurston County, was the master of ceremonies. The Black Alliance of Thurston County has spearheaded the writing of state legislation that would change the law governing excessive use of deadly force by law enforcement in Washington State. 

Just before Dr. Karen Johnson was to speak in the Rotunda, the voice of Governor Inslee came over the public address system. Inslee was apparently giving a speech elsewhere in the building and the mechanical systems became crossed. After at least 15 minutes of interruption to the celebration and unsuccessful attempts to mute Inslee and restore the microphone in the Rotunda, the crowd started chanting, “Black Lives Matter! Black Lives Matter!” 

In an extraordinary turn of events, Reverend Vera Diggins, who had earlier lead the group in the Black National Anthem, lead the crowd in singing several verses of “We Shall Overcome!” The emotional tenor of the crowd changed and the public address system was somehow fixed, allowing Johnson to speak. Then, Governor Inslee, who arrived and was scheduled to speak, began his speech by saying, “The mission of equality cannot be drowned out!” to cheers from the crowd.

By Janine Gates

www.janineslittlehollywood.blogspot.com

Proposed legislation written and spearheaded by members of the Black Alliance of Thurston County that would change excessive use of deadly force by law enforcement in Washington State has garnered a prime sponsor.

Washington State Representative Cindy Ryu, D-32, has agreed to sponsor the legislation. The bill, which does not have a number yet and is in the process of some last minute refining, would amend RCW 9A.16.040.

The South Sound area was jammed packed with celebrations and service events honoring Dr. Martin Luther King, Jr. on Monday. Dr. Karen Johnson, chair of the Black Alliance of Thurston County, announced the proposed legislation at a Martin Luther King, Jr. Day celebration held at the Washington State Capitol Building.

“We should all feel proud that we are one step closer to having a use of deadly force law that attacks our egregious state law, not the noble law enforcement officers who maintain the public safety of all Washingtonians,” said Johnson.

“There’s widespread recognition that our justifiable homicide statute is broken because it sets a higher bar than any other state in prosecuting officers who use deadly force without justification. Amnesty International calls Washington State’s law regarding use of deadly force as the “most egregious” in the nation. 

“The Black Alliance of Thurston County, in coalition and partnership with others…want to start the conversation around this issue….It is the right thing to do at the right time….We can pass a bill that is good for the people, the police, and the prosecutors of Washington State who seek public safety and accountability for all,” said Johnson.

Only Washington State law provides a defense against prosecution when a police officer acts “without malice and with a good faith belief that such act is justifiable.” Malice is defined in law as “evil intent.”

The proposed bill removes a subsection which contains the phrase “without malice and with a good faith belief,” an aspect which makes Washington's statute so unique.

To put Washington State law in line with the recommendations of a June 2015 Amnesty International report, “Deadly Force: Police Use of Lethal Force in the United States,”  the bill also clarifies language regarding use of deadly force against fleeing felons so it is clear that the risk to the officer has to be imminent.

The legislation is expected to be introduced on Tuesday or early this week. 

The bill's sponsor, Senator Cindy Ryu, represents Northwest Seattle, Shoreline, South Edmonds, Woodway, west Mountlake Terrace and Lynnwood. While serving as a Shoreline City Councilmember, Ryu was elected mayor in 2008, becoming the first female Korean-American mayor in the United States. Serving her third House term in the Washington State Legislature, Ryu is a Deputy Whip and co-chairs the Members of Color Caucus.

The Black Alliance of Thurston County hopes to have the bill passed and signed by Governor Jay Inslee during this short legislative session.

Above: Andre Thompson, middle, wearing hat, and his brother Bryson Chaplin, who was not in attendance at Monday's celebration, and their family was acknowledged and prayed for by Bishop Charlotte Petty of Risen Faith Fellowship. Thompson and Chaplin were shot by an Olympia police officer in May 2015. The officer who shot the brothers was not charged by the Thurston County prosecutor, who used the “without malice and with a good faith belief.....” defense for the officer, indicating that the shooting was justifiable.

Amnesty's Deadly Force Report

The Amnesty International report is primarily based on a state-by-state legislative survey of use of lethal force statutes within the United States.

According to Amnesty International, the United States has failed to track how many people are killed by law enforcement officers. No one knows exactly how many people are killed each year but estimates range from 400 to over 1,000.

Among its other findings:  

African Americans are disproportionately impacted by police killings, according to the limited data available.

The United States has failed to respect and protect the right to life by failing to ensure that domestic legislation meets international human rights law and standards on the use of lethal force by law enforcement officers.

All 50 states and Washington, D.C. fail to comply with international law and standards on the use of lethal force by law enforcement officers.

None of the state statutes require that the use of lethal force may only be used as a last resort with non-violent and less harmful means to be tried first.

No state limits the use of lethal force to only those situations where there is an imminent threat to life or serious injury to the officer or to others.

Nine states, including Washington, allow for the use of lethal force to be used to suppress a riot.

Twenty two states, including Washington, allow for law enforcement officers to kill someone trying to escape from a prison or jail.

Only eight states, including Washington, require that a warning be given, when feasible, before lethal force is used.

Twenty states, including Washington, allow for private citizens to use lethal force if they carry out law enforcement activities.

For more information about the Black Alliance of Thurston County, Karen Johnson, the City of Olympia’s Ad Hoc Committee on Police and Community Relations, Andre Thompson and Bryson Chaplin, and local groups working for racial justice, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button.

For more information about Amnesty International’s report “Deadly Force: Police Use of Lethal Force in the United States,” go to: www.amnestyusa.org/deadlyforce

Above: Names of Black loved ones lost to police violence are written in chalk outside the Washington State Capitol Building in Olympia.