Trial kicks off in First Amendment lawsuit against the city of Yakima – Yakima Herald-Republic

The trial in a civil suit between a Yakima business owner and city officials he claimed tried to punish him for opposing downtown plaza plans began Monday.

The dispute dates to November 2013, when a fire code inspector showed up at plaintiff Mark Petersons West Yakima Avenue furniture store hours after he and other business owners criticized former City Manager Tony ORourke over the downtown master plan, which included a plaza at the parking lot by Millennium Plaza, according to court documents.

At the inspection, fire code inspector Anthony Doan found that a basement showrooms ceiling at H&H Furniture violated fire codes and ordered it fixed within about 90 days. Doan tried to conduct follow-up inspections of the property but was told that Peterson was not present, and he would have to reschedule when Peterson was there, court documents said.

The city then filed charges alleging that Peterson refused entry to building inspectors, but the charges were later dropped by prosecutors because Doan did not specify the scope of the inspection, court documents said.

Peterson filed a lawsuit against the city, ORourke, former Deputy Fire Chief Mark Soptich and Doan in 2017, alleging that the claim of fire code violations at H&H Furniture were in retaliation for Petersons free speech, according to court documents.

Peterson also claims the charges brought against him for refusing entry to building inspectors were malicious and that city officials named in the lawsuit engaged in civil conspiracy, court documents said.

The defendants in the case deny Petersons claims, saying the fire inspection was part of the citys standard fire inspection program and that Peterson was prosecuted because he refused to allow a follow-up inspection, court documents said.

Peterson initially filed the lawsuit in Yakima County Superior Court, and the case was later transferred to U.S. District Court.

Voters and the Yakima City Council rejected the plaza project in 2018.

Opening statements were given before a jury Monday, and Petersons attorneys began questioning witnesses. Peterson is represented by attorneys Casey Bruner, Matthew Crotty and Matthew Mensik. The city and city officials are represented by Robert Christie and co-counsel.

The jury trial continues this week before Judge Thomas O. Rice at the William O. Douglas Federal Building at 25 S. Third St. in Yakima

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Trial kicks off in First Amendment lawsuit against the city of Yakima - Yakima Herald-Republic