WSP explains why it took 5 hours to clear massive protest on I-5

SEATTLE - The illegal I-5 takeover in Seattle started at around 1:15 p.m. on Saturday, and it took five long hours before traffic moved again on northbound I-5 at Denny Way and East Pine St.

FOX 13 News asked Washington State Patrol (WSP) why it lasted so long and ended with no arrests. WSP is the lead agency that handles highway incidents.

"This group that came Saturday used tactics we haven’t seen before," WSP spokesperson Chris Loftis said.

Loftis says the pro-Palestine protesters used what’s known as the sleeping dragon maneuver in which they link themselves together.

Loftis says in addition to the tactics, the large number of protesters posed a challenge.

Then, protesters left their cars behind, which forced officials to call tow companies, adding to the time clearing the scene.

WSP also says they didn’t have enough law enforcement officers to do a mass arrest until around 4:45 p.m. 

By then, protesters started to leave on their own. 

"I know that’s unsatisfying to your viewers and it’s unsatisfying to us," Loftis said. 

One attorney says he is so frustrated with the lack of action from both lawmakers and law enforcement that he now wants to go after the protesters in a class action lawsuit. 

Ted Frank with Hamilton Lincoln Law Institute says anyone who was stuck on I-5 that day can be a plaintiff because he says under common law, drivers were falsely imprisoned.

"It’s something I’ve been saying for years. I don’t like their tactics, I don’t care what their message is, you don’t stop traffic for innocent people," Frank said.

WSP agrees, saying taking over a highway is foolish, unsafe and illegal.

"As the tactics of lawbreakers change, so do ours. We try to learn in every situation," Loftis said.

WSP says they are still investigating the people involved and that possible disorderly conduct charges could be filed in the future.

FOX 13 captured at least one AMR ambulance in the six-mile backup on Saturday. At first, it was unclear if the ambulance was there to respond to the scene or if it was trying to get through the barricade.

On Wednesday a spokesperson with American Medical Response saying it did not experience any significant delays during the time I-5 was shut down.

Luckily, no one was hurt on Saturday. But WSP says, if someone received delayed care due to a protest, the people involved could be held liable.

Highway protests in the past have also turned deadly. In July of 2020, BLM protesters got onto I-5. A wrong way driver killed one protester.

WSP Chief John R. Batiste released the following statement on Wednesday:

"Civil disobedience is an important feature of democracy, but it comes with  accountability. The Washington State Patrol is actively investigating several individuals involved in orchestrating Saturday’s protest and will be referring cases to the King County Prosecutor’s Office as appropriate. There should be no doubt that the Washington State Patrol will investigate and pursue prosecution of those who cause this level of disruption. 

"Intentional disruption of traffic flow on such a vital roadway puts both people’s lives and their livelihoods at risk. It is dangerous and simply cannot be tolerated. The sophistication and scale of  Saturday’s event presented unique challenges for law enforcement and safety risks to everyone  on the freeway. State and local law enforcement prevented escalation of a situation that could  have ended very badly, and I appreciate the service of these fine public servants."

FOX 13 also reached out to Gov. Jay Inslee's office and they released this statement:

"Civil disobedience is a cornerstone of democracy, but it comes with accountability when it poses a risk to public safety. The Washington State Patrol is actively investigating several individuals involved in orchestrating Saturday’s protest and will be referring cases to the King County prosecutor’s office. There should be no doubt that Washington State Patrol will investigate and pursue prosecution of those who cause this level of disruption. Intentional disruption of traffic flow on such a vital roadway puts both people’s lives and their livelihoods at risk. It is dangerous and simply cannot be tolerated. The sophistication and scale of Saturday’s event presented unique challenges for law enforcement and safety risks to everyone on the freeway. I thank state and local law enforcement for preventing escalation of a situation that could have ended very badly."

Dave Reichert, former Congressman and now Republican candidate running for Governor, immediately released a statement after the incident: 

"Like many of you, I am tired of watching the few violate the rights of the many. I am tired of those few not respecting the rights and freedoms of their families, friends and neighbors. Today’s protest displayed the continued disintegration of our society. The voices of Americans should be heard, and we all have that right. Those voices can be raised and more likely listened to when presented lawfully, peacefully and respectfully. Blocking traffic for hours on I-5 stomps on the rights of others, is not respectful and creates serious safety concerns. This disrespectful and unlawful display not only prevents first responders from going to emergency calls but disrupts the lives of thousands. Freedom of speech is cherished in Washington state, but it cannot violate the rights of our families, friends and neighbors."

FOX 13 did not see a statement from Bob Ferguson, who is also running for Governor. We reached out on Wednesday and he sent us this statement:

"Our freeways must be open for Washingtonians and emergency vehicles. As Governor, I’ll make sure the State Patrol acts on that priority."