SENT VIA EMAIL TO: erin.doherty@seattle.gov & sarah.sodt@seattle.gov
October 27, 2025
Ms. Erin Doherty
City of Seattle Landmark Review Committee
Historic Preservation Program PO Box 94649 Seattle, WA 98124-4649
Re:The City of Seattle’s Refusal to Fix Gas Works Park Despite the Most Recent Fall Related Death of Mattheis Johnson on July 15, 2025
To Whom It May Concern:
My name is Karen Koehler and over the decades I have many times sued the City of Seattle (including its various departments) for its negligence in causing injury and death to its inhabitants. Cases you may be familiar with include Kristopher Kime, who was bludgeoned to death in front of immobile police during the Mardi Gras riots of 2001. Young mother Charleena Lyles, who became a central BLM figure following her shooting death by police in her own apartment. And 50 peaceful BLM protesters who were subjected to unconstitutional police violence.
I write on behalf of the Johnson family who are in mourning over the loss of their beautiful son and brother, Mattheis.
Estate of Mattheis Johnson
October 27, 2025
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1.Three beautiful lights have been extinguished since 2008.
Following Mattheis’ death, my firm filed public records requests asking for the complete listing of every person who has died or been injured from falling at Gas Works Park. The City has not yet provided that list but it far exceeds the list circulated in this Committee.
In 2012, Luke Voss had graduated from high school and was visiting Seattle with friends before heading off to college. Instead, he fell from the towers and was killed.
Luke has spent time in Kenya and was “on the cusp of adulthood” according to his bereft family. “With the impish traits of a boy and the big plans of a man.”
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October 27, 2025
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He had spent considerable time in other countries including Haiti and Kenya. Following his death, his parents established a non-profit to give back to children living in poverty. www.lukeslights.org
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October 27, 2025
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In 2022, Zoe Jelink had graduated with honors from Blanchet High School.
was
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October 27, 2025
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During covid, she took a gap year to teach children in Zambia. Zoe’s dream was to one day open an educational resource center in Africa.
Zoe had just returned and was preparing to head off to UW Bothell. Instead, she fell off the towers and was killed. “Following her death, her family established a nonprofit to support schools and students in southern Africa. www.zoejmf.org
Estate of Mattheis Johnson
October 27, 2025
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In 2025, Mattheis Johnson was a student at Ballard High School.
He had an “old soul.” He sang, produced his own music on Spotify, loved deep conversations, fashion, ran track, and played ultimate frisbee for his school.
He had many friends and was never afraid to show a sweet, open-hearted love for his mom— even in public.
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October 27, 2025
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He was often seen walking his dog with his dad and/or younger brother.
Mattheis was enjoying summer with his friends before returning for his junior year. Instead, he fell off the towers and was killed.
Estate of Mattheis Johnson
October 27, 2025
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2.Gas Works Park is a nuisance per se.
First, let it be acknowledged that there is no other structure in the City of Seattle which continues to have as many horrendous falls, injuries and deaths as GWP. According to the Seattle Fire Dept. and news articles, since 2008 the number is 14.
2008Survived by injured
2009 Life threatening injuries
2012Dead
2012Multiple fractures
2013Head and liver life threatening injuries
2014Multiple fractures
2015Head and internal life-threatening injuries
2016Multiple fractures
2019Significant injuries
2022Multiple fractures
2022Dead
2023Brain injured
2024Significant injuries
2025Dead
This lengthy history means the City has been on notice for decades that the structures are inherently dangerous. Notice is one of the legal requirements needed to bring a civil lawsuit against the City.
The City acts through its departments, here that would be Seattle Parks and Recreation Department and Seattle Department of Neighborhoods (including Landmark Review). The various departments do not get sued separately. The City gets sued for its departments’ acts or in this case – failure to act.
The ladders, catwalks and platforms attached to the actual tank structures at GWP, constitute a nuisance per se. A nuisance per se is a thing or use of property which of itself is a nuisance and hence is not permissible or excusable under any circumstance. An actionable nuisance is injurious to health so as to unreasonably interfere with enjoyment of life and property.
The site where GWP rests, was constructed in 1907 and operated until 1956, providing fuel for the City and polluting the environment. Contaminated soil, groundwater, and sediment have been the subject of 50 years and hundreds of millions of dollars in cleanup which is still ongoing. Work over the next few years is budgeted at $80 million.
Estate of Mattheis Johnson
October 27, 2025
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Restrictions remain in place to protect people from exposure to the contamination.
In a nuisance lawsuit, the court will assess the reasonableness of the City’s conduct by weighing the harm caused to the aggrieved party against the social utility of the activity. The court may consider the character of the place where the nuisance exists and the degree of community dependence on the activity.
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October 27, 2025
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The origins and negative impact of GWP upon the region are facts which may be considered by the court when weighing the social utility of honoring the edifice as compared to the threat it presents to the community.
3.A nuisance lawsuit may be brought.
A lawsuit can be brought to abate the nuisance of GWP under RCW 7.43.080 which provides that if the existence of a nuisance is established in an action, an order of abatement shall be entered.
In responding to such a court order, the City would need to demonstrate that it had no knowledge of the nuisance, it had made reasonable efforts to abate it and would have to commit to immediately abating the nuisance and preventing its recurrence for one year.
Each of these items has already been met according to the City’s own admissions. It is aware of the history of injury and death at the site. Since 2015, the City has known that it could remove access points to make the nuisance structure safe. But it has not made reasonable efforts to abate the nuisance.
The cheap fencing installed does not absolve the City of responsibility. That fencing was erected pursuant to the Consent Decree for environmental cleanup work purposes. For years the City has known it is not a reasonable deterrent to access. This photo was taken by me in July 2025.
Most significantly, The City Parks Department has recommended removal of ladders, catwalks, platforms and provided detailed renderings. Because “public safety is paramount.” It doesn’t want to “save anything that could compromise public safety.”
Estate of Mattheis Johnson
October 27, 2025
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4.Historical aesthetics do not trump public safety.
Once the City’s Parks Department performed its due diligence and recommended that fixes were required to make GWP safe, the City became bound by that determination. The City’s vision of a safe GWP structure is crystal clear.
All of the statements made by the City to support removal of the unnecessary dangerous ladders, catwalks and platforms, are legally binding admissions of fact. Those admissions acknowledge that the GWP structure is presently a nuisance. And that the nuisance must be fixed. Indeed, the City has emergently set aside funding for this work.
The Landmark Review Board does not have the authority to override the Seattle Department of Parks and Recreation’s determination that the work must be done to protect public safety. But to the extent the City has paused remedial measures, the Board does have the apparent authority to ensure that the City will get sued.
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October 27, 2025
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Public safety always comes first. Which is why there is no legal precedence for a court to value historic significance of a nuisance over human life.
In the name of Mattheis Johnson’s family, we submit that this Board should promptly accept the full recommendations made by City Parks.
Very truly yours,
KAREN KOEHLER
K3/km