It seems the legal fallout from the city’s handling of CHOP will never really fully fade away. Tuesday, the Court of Appeals for the Ninth Circuit ruled that two businesses can pursue state tort claims against the City of Seattle over its handling of the protest zone.
Lawyers for Hugo Properties and Oma Bap filed the appeal late last year after a series of legal blows to their claims alleging the city of neglect and rights violations.
In the latest ruling, the court said the 11th Ave mixed-use development home to Hugo House and the former 11th Ave restaurant can pursue damages under state law but cannot proceed with federal rights violation claims.
11th Ave along the east side of Cal Anderson was in the heart of the protest zone established by demonstrators that became a no-go area for Seattle Police and Seattle Fire for weeks in June of 2020.
CHS reported here in 2023 on early challenges to the lawsuit brought on behalf of restaurant owner Peter Pak who said, with the encouragement of city officials, he filed a smaller claim in September 2020 “for a conservatively estimated $76,616” in damages from the city from the months of protests and disruptions around CHOP and the protests camps. According to the suit, City Hall countered with an offer of $500 — an amount Pak said left him “shocked and offended.”
In its ruling, the appeals panel did little to buttress the legal validity of the developer and restaurant owner’s claims but did establish that the statute of limitations on a state claim had not run out and a case under those laws could proceed.
Molly Moon’s Ice Cream had been part of the case at one point but did not pursue an appeal.
The successful revival of the case adds to a stream of legal fights stemming from the 2020 protest camp.
In March, CHS reported on the city’s appeal effort over a $30 million jury verdict in a CHOP wrongful death case over the shooting of 16-year-old Antonio Mays Jr.
The January verdict pushed the city’s cumulative legal costs from its response to CHOP and the Black Lives Matter demonstrations beyond some $45 million in settlements and awards.
Oma Bap, meanwhile, shuttered in 2024. Broth-less ramen joint Kajiken opened a location in the space later that year.
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