Attorneys representing the family of 15-year-old Mattheis Johnson, who died after falling from a structure at Gas Works Park in July, say they intend to pursue legal action against the city for nuisance and abatement of the climbing structures at Gas Works Park, urging the city to make changes for safety before anyone else is hurt.
The lawsuit requests a declaratory judgement that the crackling towers at the park are a nuisance, an abatement order, a public apology from the city and other relief as deemed appropriate by the court.
The family’s attorneys claim the city has exposed itself to a nuisance lawsuit due to its failure to prioritize public safety by not removing “rotten ladders, catwalks and platforms” from the park’s towers.
“There is no other more inherently dangerous public structure in this City,” Karen Koehler with Stritmatter Law said, adding they would be working pro-bono “to honor the Johnson family and to protect our community.”
“Following Johnson’s death in July 2025, the Seattle Parks Department conducted studies and secured emergency funds to address the issue,” Koehler wrote. “However, the Seattle Department of Neighborhoods – Landmark Review Board opposes changes, citing the importance of preserving the park’s historical appearance.”
“The city has classified this as an emergency situation. It has set aside all the funds needed to fix the emergency situation,” attorneys at Stritmatter wrote. “Yet city departments are at a stalemate. Playing chicken and waiting for someone to blink. While the city dithers around, the Johnson family can’t bear the thought of the next child plunging from the edifice.”
Attorneys for Johnson’s family report at least 14 incidents involving death or serious injuries on the structure since 2008.
“The edifice at Gas Works Park is designed to be climbed. Enough is enough. We will bring a lawsuit to declare the climbing structures a nuisance and for abatement,” Koehler said.
At least three people have died in similar accidents at Gas Works Park, including 19-year-old Luke Voss-Kernan in 2012 and 20-year-old Zoe Anne Jelinek in 2022.
Voss-Kernan’s family shared he was an avid climber and mountain biker and was visiting Seattle with friends when he died climbing the towers.
“He was a young man, he knew how to climb, he knew what he was doing, he had an accident,” Voss-Kernan’s father, Daniel Kernan, said. “I just assumed that it was just a fluke accident. Never really gave it any thought that this would be that frequent.”
According to the city’s Parks and Recreation Department, they replaced the fencing and removed portions of some structures in 2023 to keep people from climbing, and officials said earlier this year:
“We are deeply heartbroken by the loss of a young life in one of our city parks and extend our heartfelt condolences to the student’s family, friends, classmates, teachers, and all those impacted by this unimaginable tragedy. The death of a young person is a profound loss that ripples through the entire community and one we share together.
In 2023 we installed all new enhanced fencing around the perimeter of the structure. At that time, portions of the Gas Works structures were also removed to mitigate access to climbing. The security fencing remains today and inspected often. Therefore, Seattle Parks and Recreation is actively exploring how entry into the restricted area occurred and what other additional strategies could prevent unauthorized access to the structures at Gas Works Park. Once we have this assessment, we will evaluate any and all additional security measures to prevent these types of tragedies.”
“No Trespassing” signs also surround the structure. Attorneys for Johnson’s family say the fencing is not enough to keep people out, writing, “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.”
“What the heck is this thing still doing here?” Kernan said. “Because of [Luke] isn’t why that thing should be closed down or secured. It should be for the neighbors, the people who live in that area. That is why that thing should be addressed. The other kids that passed away there or got injured probably live in Seattle. That’s the right thing to do.”
The 15-year-old Mattheis Johnson’s July death represents the latest fatality in a decades-long pattern where Gas Works Park’s industrial relics attract climbers who fall from deteriorating structures, with the teenager’s age highlighting the particular vulnerability of adolescents drawn to the towers.
The nuisance and abatement legal action strategy frames the lawsuit as public safety enforcement rather than wrongful death damages claim, potentially avoiding governmental immunity defenses that protect cities from standard negligence lawsuits.
The declaratory judgment request asking courts to officially classify the towers as nuisances creates legal precedent compelling the city to act, with the ruling establishing that the structures constitute public hazards requiring elimination regardless of historical preservation concerns.
The public apology demand alongside structural remedies addresses the family’s emotional needs beyond financial compensation, with the request signaling that the Johnsons prioritize acknowledgment of city failures and prevention of future deaths over monetary damages.
Karen Koehler’s characterization as “no other more inherently dangerous public structure in this City” establishes the towers’ unique hazard status, with the attorney arguing that Seattle tolerates Gas Works climbing risks it would never accept for playgrounds, bridges, or other municipal facilities.
The pro-bono representation “to honor the Johnson family and to protect our community” frames the case as public interest litigation rather than personal injury claim, with Stritmatter Law’s free services enabling the family to pursue justice without financial barriers.
The emergency funds secured by Seattle Parks Department following Johnson’s death demonstrates the city’s acknowledgment that the situation requires immediate action, with the budget allocation undermining any argument that remediation costs prevent safety improvements.
The Seattle Department of Neighborhoods Landmark Review Board opposition citing “historical appearance preservation” creates the bureaucratic deadlock where heritage conservation priorities override public safety, with the landmark designation preventing modifications that would save lives.
The “city departments are at a stalemate, playing chicken” characterization describes the institutional paralysis where Parks Department safety concerns clash with Landmarks Board preservation mandates, with neither agency willing to compromise while people continue dying.
The 14 incidents involving death or serious injuries since 2008 establishing a pattern of harm that transforms isolated accidents into foreseeable consequences of city inaction, with the documented history potentially defeating governmental immunity claims.
The “edifice at Gas Works Park is designed to be climbed” assertion challenges the city’s trespassing defense, with attorneys arguing the structures’ appearance and accessibility invite climbing rather than deter it, making “No Trespassing” signs insufficient warnings.
The three deaths including Luke Voss-Kernan in 2012, Zoe Anne Jelinek in 2022, and Mattheis Johnson in 2025 demonstrate the recurring nature of the hazard, with the 13-year span between first and most recent fatalities proving the problem’s persistence despite city awareness.
Daniel Kernan’s revelation that he “assumed it was just a fluke accident” and “never really gave it any thought that this would be that frequent” illustrates how individual family tragedies obscure systemic patterns, with each death treated as isolated incident rather than predictable outcome.
The 2023 enhanced fencing installation and partial structure removal demonstrate halfhearted mitigation efforts that failed to prevent Johnson’s 2025 death, with the inadequate measures potentially strengthening the lawsuit by proving the city’s awareness of the danger and insufficient response.
The “security fencing remains today and inspected often” claim rings hollow given Johnson’s fatal fall two years after installation, with the tragedy proving that inspected fencing cannot prevent determined climbers from accessing the towers.
The city’s statement about “actively exploring how entry into the restricted area occurred” after Johnson’s death reveals reactive rather than proactive approach, with officials investigating after fatalities rather than comprehensively eliminating access before people die.
The attorneys’ argument that “Since 2015, the City has known that it could remove access points” establishes a decade-long period of conscious inaction, with the extended timeline potentially supporting punitive damages claims that the city’s deliberate indifference caused preventable deaths.
The “other kids that passed away there or got injured probably live in Seattle” observation by Kernan emphasizes that Gas Works hazards primarily affect local residents rather than tourists, undermining any suggestion that the towers constitute acceptable risks for visitors aware of Seattle’s quirky industrial park.
The landmark preservation versus public safety conflict represents broader urban policy tensions where historical conservation advocates prioritize aesthetic and cultural values over utilitarian safety concerns, with the Gas Works lawsuit potentially establishing precedent about when heritage protection must yield to life-threatening hazards.
