Second federal lawsuit filed over CHOP

SEATTLE — A second lawsuit was filed in federal court over the CHOP zone on Seattle's Capitol Hill. The class action lawsuit claims by allowing the protest zone, Seattle Mayor Jenny Durkan and Governor Jay Inslee, violated the Constitutional rights of everyone who lives, works, or passes through the area.

Not only does attorney Jacob Bozeman say the city allowed it, he claims they helped create it by installing barricades and bathrooms.

"To abdicate the authority to an unelected, unauthorized and armed group of people to decide who can come and go, who can be searched and seized, and under what portions of the city you can come and go from, for fear of physical retaliation against you, is unconstitutional," said Jacob Bozeman, the attorney who filed the lawsuit.

>>RELATED: Businesses sue Seattle over ‘occupied’ protest zone

He says when police abandoned the area they left residents vulnerable.

"This area, the police could not get to you and if you were in any kind of trouble your rights were not going to be able to be protected," said Bozeman.

Seattle Police Chief Carmen best told us early on officers would only go in if there was an immediate threat to life or safety.

Since CHAZ or CHOP started, 2 teens are dead, and a 14 year old is in critical condition.

This lawsuit comes on the heels of a lawsuit filed against the city by 17 property and business owners last week. Now after efforts to dismantle CHOP over the weekend, failed, attorneys are deciding the next move.

Bozeman wants a federal court order to prevent another protest zone.

"Seattle has, for some time perpetuated a culture where people come in and basically do what they want, destroy property, riot, if you will, and now they've got this idea it is part of their civil right to take over a portion of the city." said Bozeman.

Bozeman didn’t want to reveal how many plaintiffs have joined the lawsuit, but says he’s getting a lot of interest.

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