OLYMPIA — Washington’s appeals court has upheld a Thurston County judge’s dismissal of a Public Records Act lawsuit against The Evergreen State College.
Open-government advocate Arthur West filed the suit in 2012, alleging that the college withheld records from him and “improperly used police power” to keep him off of its campus.
In November 2014, Thurston County Superior Court Judge Chris Wickham granted the college’s motions for summary judgment and dismissed West’s claims. Wickham ruled that the college had appropriately responded to West’s records requests, and that there was no evidence that the college had tried to bar him from the campus.
West has represented himself in the proceedings.
In the Court of Appeals decision, Judge Rich Melnick on Aug. 30 wrote that Wickham properly granted summary judgment.
In May 2010, West went to Evergreen to review and collect documents from a public records request. A records officer called a college administrator and reported that West was “being abusive towards her,” and that she had asked West several times to “sit out in front” while she finished his request. Evergreen Police Chief Ed Sorger and another officer arrived, but determined that the situation didn’t warrant action.
Sorger reported that West calmed down once campus police arrived, and West requested that he be trespassed from the college. Sorger said he told West that he wouldn’t be trespassed, and that “(West) seemed disappointed and voluntarily left the area.” The other officer made a similar report.
Three days later, West filed a request with the college asking for a “list of all persons currently on the criminal trespass list.” Employees completed the request, but West didn’t pick it up. The college closed it in 2012 after West hadn’t come for the documents.
After receiving notice that his prior request had been closed, West filed another public records request in March 2012, again asking for a list of people who had been trespassed from the college. The college responded that they would produce the records by May 4. On May 8, the college sent notice that they needed more time to process some of the information, and it would be ready May 18.
West filed his lawsuit in Thurston County Superior Court on May 8. The college continued to correspond with West and provide him records until late July.
More than two years later, Wickham granted the college’s motions for summary judgment and dismissed the claims. West filed an appeal.
