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Citoli v. City of Seattle11/25/2002
John Citoli operated his packaging fulfillment business on the first floor of the three-story Kalberer Hotel building located at 914 Virginia Street in downtown Seattle. Citoli was the only tenant; the upper two floors of the building were vacant. On the eve of the World Trade Organization (WTO) Conference held in Seattle November 30 through December 3, 1999, a large group of protestors gained entry to the building without permission, occupied the upper two floors, and commenced to barricade the building. Police ordered Seattle City Light and Puget Sound Energy to terminate utility services to the entire building. The protestors remained in the building throughout the ensuing week; electricity and natural gas services were not restored until the protestors left. In the meantime, despite his fear of injury from the protestors, Citoli tried his best to operate his business, by flashlight and by use of a small generator to run his business machines. But his business suffered irreparable losses, and ultimately closed. Citoli brought this lawsuit against the City of Seattle, former Police Chief Norm Stamper, former Mayor Paul Schell, Seattle City Light, and Puget Sound Energy, seeking damages for his economic losses and emotional injuries arising from the termination of utilities to his business and the failure to restore them while the protestors remained in the building, and from the failure of police to forcibly evict the protestors. The trial court dismissed all of Citoli's claims on summary judgment, and Citoli appeals. Notwithstanding our sympathy for Citoli's plight, we affirm because the defendants were entitled to summary judgment as a matter of law.
FACTS
This being a review of summary judgment proceedings, we recount the facts in the light most favorable to John Citoli, the nonmoving party. Mr. Citoli started his packaging fulfillment business, Citi Productions, in the basement of his house in 1993. In 1994, Citoli moved his business into the first floor of a three-story building located at 914 Virginia Street in downtown Seattle. In the late fall of 1999, Citoli was the sole tenant in the building; the second and third floors were vacant.
In January 1999, the City of Seattle was chosen to host the WTO Conference, which was to be held November 30 through December 3, 1999. During the week of the WTO event, including the weekend before the conference was scheduled to begin, the police were operating through a special headquarters known as the Seattle Police Operations Center (SPOC), which is an internal command post used by the police department during emergency situations. The City was coordinating events from its Emergency Operation Center (EOC), which is a City counterpart to the SPOC.
On Sunday evening, November 28, 1999, police responded to a number of protests, demonstrations, and marches. Considerable police resources were also required to begin staffing the WTO Conference site and to conduct a security sweep. At approximately 11 p.m., Sergeant Robert Robbin of the Seattle Police Department responded to a situation developing at 914 Virginia Street. Robbin saw a crowd of 35 to 40 people standing in front of and across from the building, as well as a number of people inside and on the roof. A female with a hand-held radio, who identified herself as 'the liaison,' told Robbin that the people inside the building were WTO demonstrators, and that they wanted to stay in the building through the week and emphasize the plight of homeless people in Seattle. Robbin tried to negotiate a fire department inspection, and to get the protestors to leave the building, but to no avail. He could hear the sounds of construction work going on inside the building. People
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