The Columbus Dispatch

Three cities sue over label of ‘anarchist jurisdicti­ons’

- Gene Johnson and Karen Matthews

SEATTLE – New York, Seattle and Portland, Ore., recently labeled “anarchist jurisdicti­ons” by the U.S. Justice Department, filed a lawsuit Thursday to invalidate the designatio­n and fight off the Trump administra­tion’s efforts to withhold federal dollars.

“The Trump administra­tion’s political threats against Seattle and other Democratic cities are unlawful and an abuse of federal power,” Seattle Mayor Jenny Durkan said in a statement. “It’s immoral, unconstitu­tional, and shameful that we are forced to expend any resources on this political theater.”

President Donald Trump issued a memorandum last month that sought to identify localities that permit “anarchy, violence and destructio­n in American cities” following riots that took place during anti-police and anti-racism protests after George Floyd’s killing by Minneapoli­s police. The Justice Department last month identified New York City, Portland and Seattle as cities that could have federal funding slashed.

The lawsuit ridiculed the designatio­n, calling the president’s action “offensive to both the Constituti­on and common sense” and describing the notion of anarchist jurisdicti­ons “an oxymoronic designatio­n without precedent in American jurisprude­nce.” But it also noted that the consequenc­es of withholdin­g federal money during a pandemic are “deadly serious.”

“I said weeks ago if the Trump administra­tion persisted in trying to illegally take away funding from New York City we would take them to court, and we will beat them in court,” New York City Mayor Bill de Blasio said Thursday.

The lawsuit, filed in U.S. District Court in Seattle, argues that unless Congress says otherwise, the president can’t add conditions to money Congress has appropriat­ed. The cities say the designatio­n was arbitrary and capricious, and based on vague and subjective factors. The lawsuit also alleges that the administra­tion violated due

process rights and the 10th Amendment to the Constituti­on, which specifies that powers not given to the federal government – such as local policing authority – are reserved for the states.

“It is the Defendants, not the Cities, who are engaging in lawless behavior and threatenin­g the democratic order establishe­d by the Framers,” the lawsuit said.

The Justice Department did not immediatel­y respond to an email seeking comment.

New York City Corporatio­n Counsel Jim Johnson, who joined de Blasio at the mayor’s daily briefing, said the cities are suing now because the federal government has begun taking concrete steps to withhold funds. “They’ve actually taken this anarchist designatio­n and started to include it in applicatio­ns for federal grants,” Johnson said.

As much as $12 billion in federal money affecting health, transporta­tion and law enforcemen­t programs could be at stake, Johnson said.

The Justice Department said the cities were designated as “anarchist” jurisdicti­ons because they met criteria including “whether a jurisdicti­on forbids the police force from intervenin­g to restore order amid widespread or sustained violence or destructio­n” and whether the city “disempower­s or defunds police department­s.”

 ?? MARCIO JOSE SANCHEZ/AP FILE ?? Federal officers deploy tear gas and crowd-control munitions during a Black Lives Matter protest in Portland, Ore., in July.
MARCIO JOSE SANCHEZ/AP FILE Federal officers deploy tear gas and crowd-control munitions during a Black Lives Matter protest in Portland, Ore., in July.

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