Anti-cop ice cream chain sues Seattle over ‘significant losses’ from BLM autonomous zone they promoted

According to the federal lawsuit filed in the US District Court for the Western District of Washington on Wednesday, the chain claimed that its constitutional rights were “overrun” when officials decided to “abandon” the 6-square block area of Capitol Hill to BLM and Antifa rioters. Molly Moon’s is accusing the city of supporting and encouraging “a hostile occupation of that neighborhood.”

“This lawsuit does not seek to undermine CHOP participants’ message or present a counter message,” the lawsuit stated. “Rather, this lawsuit is about the plaintiff’s constitutional and other legal rights, of which were overrun by the City of Seattle’s decision to abandon and close off an entire city neighborhood, leaving it unchecked by the police, unserved by fire and emergency health services, and inaccessible to the public at large, and then materially support and encourage a hostile occupation of that neighborhood. The City’s decision subjected businesses, employees, and residents of that neighborhood to extensive property damage, public safety dangers, and an inability to use and access their properties.”

The chain is alleging that the armed occupation, which included a lack of public safety, and the blocking of sidewalks and roadways, led to significant losses in revenue for its Capitol Hill franchise, located across from Cal Anderson Park, which was in the center of the zone.

According to the suit, the city violated Molly Moon's constitutional rights and created a “government-authorized invasion” alleging that “The City acted with deliberate indifference toward the safety and property interests of Plaintiff” despite being aware of the situation.

Molly Moon’s is seeking an unspecified amount in damages.

The chain regularly posts political content on social media and encouraged the protests in Seattle in the summer of 2020. On June 12, while the occupation was in full swing, the chain posted on Instagram, “We are closed until 5pm while we join the Black Lives Matter March of Silence.”

One week later, Molly Moon’s posted on Twitter, “We are not opening our Capitol Hill shop today and likely closing by 8 pm in the coming days due to safety concerns around recent incidents. Our community’s safety - Mooncrew, customers and neighbors is our priority. Thank you for understanding.”

Less than a week after the zone was finally broken up by Seattle Police, almost a month after the armed occupation began, the Capitol Hill location put up a sign telling officers that if they were armed, they were not welcome inside their store.

The sign stated, "Police Officers: Molly Moon's is a gun-free zone. Please do not come inside if you are wearing a firearm. No guns allowed inside."

The owner and founder Molly Moon Neitzel told Fox 13 at the time that the sign was her idea, saying, "I am anti the current police system. Yeah, I think we need major reform."

According to the outlet, Moon Neitzel previously put “gun-free zone” signs in her shops, but specifically put the new sign to target police.

She claimed some of her employees felt intimidated by police after they dismantled the deadly occupation where 6 black men were shot and two black teens were killed.

Despite Moon Neitzel telling Fox 13 at the time that business was down by over 50 percent from the previous year, which at the time she claimed was because of the pandemic, she said, "I am going to continue to be a business person and activist that continues to see truth as I see it."

Earlier this year, Seattle agreed to pay $3,650,000 in damages, including legal fees, to business owners who filed a lawsuit after the deadly occupation damaged their businesses and properties and violated their constitutional rights.

The settlement came shortly after a federal judge imposed sanctions against the city when it was revealed that Seattle officials— including former Mayor Jenny Durkan, former police chief Carmen Best, and Fire Chief Harold Scoggins, deleted tens of thousands of text messages during the armed occupation.

Federal judge Thomas Zilly wrote in the ruling that there was evidence of “gross negligence” by the city and significant evidence that the destruction of CHOP evidence was intentional, adding that city officials attempted to hide the destruction of the texts for months despite ongoing lawsuits.

However, some Capitol Hill property owners failed to meet the criteria to join the class-action certification last year due to the differences in damages and accusations the individual plaintiffs had against Seattle.

To date, Seattle has paid out millions of dollars in settlements as a result of the deadly occupation.