The Day Ride the Ducks Tried to Shut Me Up


I have a job that is part of my soul.  This means I fight for my clients with every ounce of my being.   Sometimes people (typically those I sue) don’t like that.

The owner of Ride the Ducks Seattle is Brian Tracey.  He has been investigating me  by reading my Twitter feed, watching tv and reading the news.  After completing his studies he filed a declaration to support a motion to prevent dissemination of discovery materials in the 20 cases we have filed against his business for the death and injury of victims of the Ride the Duck Aurora Bridge crash.

Mr. Tracey says that my Twitter feed is: “intentionally inflammatory, inaccurate and to my mind designed to mislead the public about the facts of her case.  I also believe these inaccurate posts are part of a broader campaign to manipulate the media to publish stories that amplify these inaccuracies while helping market her law firm’s practice.”

He accuses me of “publishing falsehoods,” engaging in a “campaign to discredit RTDS’ safety worthiness,” casting RTDS in a negative light” by claiming the defense was “citing a federal law that was discriminatory and harbored anti-Asian sentiments.”

To top it off he cites to John Henry Browne’s defamation lawsuit against me on behalf of Tracy Nessl  making the insinuation that I must be a habitual defamer.

You can read his entire declaration below.

I was pretty ticked off when I read his accusations.  I hurt my knee a month ago and can’t run off steam.  So I wrote an opus that went on for about 15 pages.  Then slept on it and cut it in half.  Ultimately I decided not to defend myself.  Instead I pointed out the real reason why the case has been in the news and listed the headlines:

  • When the fifth victim died
  • When the NTSB preliminarily reported that the left axle housing (on Duck 6)  had likely failed.
  • When the NTSB preliminarily reported that a recommended fix to the left axle housing had not been performed.
  • When the WUTC suspending the RTD operation
  • When Brian Tracey testified in front of the WUTC
  • When the WUTC announced 463 public safety violations
  • When the WUTC fined RTD $222,000 for the violations
  • When the WUTC fine was rejected by its three member panel and increased to $308,000
  • When the Mayor opposed RTD resuming operations until its unsatisfactory safety rating was resolved
  • When a new route was agreed to by the City of Seattle over the Fremont and Ballard Bridges
  • When after the suspension RTD began limited operations of its modern duck fleet.  “We’re thrilled” said Brian Tracey
  • When another duck ran into a car in lower Queen Anne March 31, 2016
  • When another duck ran into a car in lower Queen Anne April 5, 2016
  • When another duck ran into a car in downtown Seattle June 23, 2016

The Court heard the motion.  Judge Shaffer granted the protective order that all photos, documents or other materials collecting in discovery including discovery inspections are to be used for litigation purposes only (and not disseminated to the media).  And she added in this language:  Nothing about this order limits counsel from, within the constraints of Rule of Professional Conduct 3.6, communicating with the media or from making social media posts or sharing information in public records.

Decl of Brian Tracey

Photo:  This is the nefarious tweeted photo of Andrew at the Duck Inspection that resulted in Ride the Duck’s protective order motion

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Check out a recent interview by Super Lawyers about my blog. Yes, I'm a lawyer. But I'm also a human being. I have a doggie named Nala, three daughters, eat brown sugar cinnamon pop tarts for breakfast, and wear jeans as often as possible when not in court.
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