Island County commissioner sues county government

Thursday, April 28, 2011 • The Whidbey Examiner

Page 5

Emerson lawsuit: No privacy for politicians

By Gordon Weeks Examiner Staff Writer

When Kelly Emerson decided to run for public office last year, she tacitly signed away any expectation of privacy with regard to her adherence to laws – including public disclosure of illegal construction on her Camano Island property.

That’s part of the argument made in a motion to dismiss the lawsuit Emerson and her husband Kenneth filed last fall against several Island County staffers and the county commissioner she later unseated.

On his motion to dismiss the suit, attorney Mark R. Johnsen states that a campaign mailer by then-Commissioner John Dean spotlighting the unpermitted construction did not violate the Emersons’ due process or privacy rights.

“No court had held that a candidate for office has a constitutionally protected property interest in nondisclosure of unflattering information,’’ he states, pointing out that the stop-work order placed on the Emerson property by the county is a matter of public record.

In a motion filed in Island County Superior Court April 15, Johnsen – who is representing Island County through the Washington Counties Risk Pool – states there is no basis for any of the Emersons’ claims of trespassing, defamation and other charges against Island County and its employees, and requests that all the claims be dismissed.

A trial is scheduled to begin May 18, but it would be canceled if the suit is dismissed.

Everett attorney Stephen Pidgeon, who represents the Emersons, did not respond to telephone and e-mail messages left by an Examiner reporter.

The day before the November 2010 election, the Emersons filed the lawsuit against her then-political opponent Dean; Island County Planning Director Bob Pederson; and building inspector Ron Slechta. They later added Island County as a defendant.

The lawsuit claims defamation, civil rights violations, and violations of the state’s Consumer Protection Act. The Emersons ask for injunctive relief against the county.

Lawsuit background

Unpermitted construction This photo taken

by Island County Building Inspector Ron Slechta in September 2010 shows the unpermitted construction of a sunroom at the rear of the Emerson home on Camano Island.

Island County photo

ed the e-mail to the county planning department.

Pederson, the planning director, sent Slechta, a building inspector, to inspect the Kelly Emerson property. In a deposition, Slechta said that when no one responded to knocks on the door, he walked around the sideyard, observed the new framing for the addition to the home, took photographs and left a stop-work order.

The county states it advised Kenneth Emerson he would need to submit engineering drawings on the proposed addition, and advised him to have a wetlands specialist delineate the wetland on the property to help the county evaluate the impact of the additions. But the county states that Emerson ignored those instructions, and on Nov. 12, 2010, the county sent a final enforcement order. The Emersons did not appeal, and instead filed the lawsuit for damages.

At the time, Dean was running for re-election as Island County commissioner, and Kelly Emerson was his opponent.

In the lawsuit, the Emersons charge that Dean defamed them in a campaign mailer with a picture of a couple holding a mockup of a newspaper with the made-up headline “Emerson ignores county law.”

Claims for dismissal

In his motion asking for dismissal of the lawsuit, Johnsen contends that a limited inspection by the county building inspector was not a violation of due process or privacy.

“Plaintiffs contend that Dean, Pederson and Slechta conspired to apply building codes in an unlawful manner. They contend that the code enforcement was designed to hamper Kelly Emerson’s campaign.

The allegations are groundless.

See LAWSUIT, page 10

Bayview Farmers Market Island County photo

A retaining wall was constructed by the Emersons without permission from the county, even though they had been advised that no new structures could be built within a wetlands buffer without further county review.

ersons were advised on their permit that no new structures could be built within the wetlands buffer without further county review.

But between 2008 and 2010, the Emersons added a greenhouse, a deck and patio, and a retaining wall without applying for permits or no-

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The lawsuit centers on the Emersons’ property on Arrowhead Road on Camano Island. In June 2008, the couple applied for a permit to construct a garage. During a review of the site, the Island County Department of Planning and Janet Burchfield Community Development identiFront Street Realty fied wetlands on the property. The 22 NW Front St., Ste. B • Coupeville proposed garage was not within 360-678-6100 • janetburchfield.com the wetland buffer, but the Em-

tifying the county. In August 2010, the couple began construction of a sunroom addition to their home without applying for a permit.

A neighbor observed the construction, and sent a notice to several people, including an e-mail complaint to Dean. Dean forward-

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The Whidbey Examiner • Thursday, April 28, 2011

Budget: From page 1 of the state’s public employees.

“This is a budget buster,” Haugen said. “There’s no money in the budget for MEC.” “If the House insists on its position, there will be cuts in the ferry budget,” she said. “They need to decide whether they want to pay for ferries to take Washingtonians to and from work or whether they want to continue unnecessary waste in the ferry system.”

Haugen said there’s no money in the transportation budget for MEC to function, so the organization will have to find money in the General Fund.

The organization “is not necessary, because PERC can handle that work,” she said.

The transportation budget that might have the biggest impact on Island County residents is the continued funding of Island Transit’s connector system that links Whidbey and Camano Island riders to Skagit County, Haugen said.

Funds also are designated to realign the Island Transit stop on Hwy. 20 at Parker Road.

In the transportation budget, Island County also will benefit from $1 million in safety improvements on the first phase of roadwork on Hwy. 20 between Race Road and Jacob Road in Central Whidbey.

Haugen said the budget effort had been an enormous challenge, but that senators had worked together to reach a number of compromises.

“This is the first time the House and the Senate, Republicans and Democrats, produced a bipartisan budget,” Haugen said.

She said development of the

Sue Ellen White / For the Examiner

As a U.S. Coast Guard cutter keeps watch in the background, a sailboat cruises past the new ferry Salish as its captain and crew practice maneuvers in Saratoga Passage between Whidbey Island and Everett Tuesday. The new ferry is expected to begin service this summer on the Coupeville-Port Townsend route.

House budget hasn’t gone as well.

“The House is a very partisan,” Haugen said. “In the Senate, we don’t work that way. We work for the public.”

Bailey praised the efforts of her fellow representatives on the House ferry caucus, who all represent counties served by Washington State Ferries.

“This bipartisan group has been

very influential in bringing solutions to the table in a bipartisan way,” she said.

Bailey said the state needs to look at long-range transportation planning, including addressing the 75-year-old Deception Pass bridge. However, Bailey said, “for now, in this economy, I believe this is a reasonable transportation budget.” A

posted the Stop Work Order, he did not even know that the home belonged to Kelly Emerson.

“Here there was no reasonable expectation of privacy with regard to the Emersons’ unpermitted sunroom construction. The construction of the sunroom was in plain view and the sound of Emerson’s Skil saw and other power tools was evident to neighbors.

“Mr. Emerson testified he made no effort to conceal the unpermitted construction from neighbors or from the County. A plaintiff alleging that his privacy was violated must show that he attempted to keep the object of a search private.”

The attorney writes that the

Emersons were not deprived of procedural due process.

“In this case, Emerson was afforded notice in the form of the Stop Work Order, and had an opportunity to respond to the Stop Work Order and, if desired, to contest it.

“He could have appealed the issuance of the Final Enforcement Order. Emerson chose not to contest the order through an administrative appeal and elected not to file a LUPA (Washington Land Use Petition Act) petition. Instead, plaintiffs simply filed the instantdamages lawsuit.”

Johnsen states that Emerson was not defamed by the Dean campaign flier because “the basic thrust of the flier was true.”

Because Emerson made herself a public figure in the political arena, Johnsen writes, she must prove there was “actual malice” intended in the flier to prove defamation.

“When Ms. Emerson chose to run for County Commissioner, she exposed herself to greater scrutiny (including unflattering campaign ads) than would be expected with a wholly private person.” A

Lawsuit: Motion to dismiss: from p. 5

“It is undisputed that Emerson was constructing a home addition without permits and that the County received a complaint which it properly investigated. It cannot be ‘shocking to the conscience’ for a local government to follow up and post a Stop Work Order on an unpermitted construction site. Further, far from entering into a conspiracy, Mr. Slechta testified that when he inspected the home and

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Thursday, May 26, 2011 • The Whidbey Examiner

Page 3

Decision expected soon in Emerson lawsuit

By Gordon Weeks Examiner Staff Writer

A decision is expected soon on a lawsuit that pits an Island County commissioner against county employees, a former commissioner and the county itself.

Island County Superior Court Judge Alan Hancock on May 18 heard arguments for the defendant’s motion for summary judgment in a lawsuit filed by Island County Commissioner Kelly Emerson and her husband Kenneth, who charge Island County officials and employees with trespassing, defamation, civil rights violations and other charges involving illegal construction on their Camano Island property.

Following arguments by Washington Counties Risk Pool attorney Mark Johnson, representing Island County and its employees, and Stephen Pidgeon, representing the Emersons, Hancock took the case under advisement and said he will release a decision within a few weeks.

During the hearing, a flustered and verbally meandering Pidgeon gradually abandoned all the claims in the Emerson case but one: that Island County had illegally trespassed on the Emersons’ Camano Island property without getting a warrant.

Lawsuit claims

The day before the November 2010 election, the Emersons filed the lawsuit against her then-political opponent John Dean; Island County Planning Director Bob Pederson; and building inspector Ron Slechta. They later added Island County as defendant.

In June 2008, the couple applied for a permit to construct a garage on their Camano Island property. During a review of the site, the Island County Planning Department identified wetlands on the property. The Emersons were advised on their permit that no new structures could be built within the wetlands buffer without further county review.

But between 2008 and 2010, the Emersons added a greenhouse, a deck and patio and a retaining wall without applying for permits or notifying the county. In August 2010, the couple began construction of a sunroom addition to their home, again without applying for a permit. A neighbor sent notice to the county.

In a deposition, Slechta said that when no one came to the door, he walked around to the side yard, observed the new framing for the addition to the home, took photographs and left a stop-work order.

The county states it advised Kenneth Emerson he would need to submit engineering drawings on the proposed addition, and advised him to have a wetlands spe-

cialist delineate the wetland on the property to help the county evaluate the impact of the additions. But Emerson ignored those orders, and on Nov. 12, 2010, the county sent a final enforcement order. The Emersons did not appeal, and instead filed the lawsuit for damages.

Continuance not granted

Attorney Johnson, representing Island County, filed a motion for summary judgment of the case. At the May 18 hearing, Judge Hancock first dismissed the Emersons’ request for a 30-day continuance on the summary judgment.

The judge ruled that the Emersons had more than the 28 days required to answer to the filing of summary judgment, and hadn’t shown that their request for further depositions would change their case. He chastised Pidgeon for failing to file a response to the motion for summary judgment.

Pidgeon told the judge he needed more time to gather discovery evidence, including a study of the wetlands on the Emerson property that hasn’t been completed. He also said he hadn’t completed his deposition of Pederson.

But Johnson countered that Pidgeon had interviewed Pederson during a four-hour deposition, and the only response the planning director hadn’t provided was in response to a question about his political affiliation.

All the witnesses were made available for depositions in February and March, and Pidgeon had made no requests for further depositions after that, Johnson noted.

Summary judgment

In his argument for summary judgment, Johnson said the civil rights of the Emersons were not violated because they had the opportunity to appeal the notices by the county. They also could have filed for a building permit after the illegal house addition had been discovered, and might have received the permit, he said.

“They were afforded due process,” Johnson said. “They just didn’t take advantage of it.”

The Emersons’ privacy was not invaded, Johnson argued, because the building addition was in full public view. The trespassing charge should be dropped because Slechta was conducting a legal, limited inspection, he said.

Johnson also argued that Dean’s campaign mailer was not defamatory because it was substantially true. Kenneth Emerson admits the home construction was illegal, and the fact that the mailer shows an elderly couple holding a newspaper mockup is “ornamental – that doesn’t change the gist of it,” Johnson said, adding that he believes the Emersons were probably angered by the campaign mailer, and likely filed the lawsuit “in the heat of battle.”

Johnson also pointed out that people who place themselves in the political arena are opening themselves up to unflattering ads and comments.

During his arguments, Pidgeon, representing the Emersons, began discarding one after another of his clients’ claims. Several times, the court reporters stopped the attorney to ask him to speak more slowly and repeat which cases he was citing.

Hancock at times was clearly

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Kasia Pierzga, Publisher & Editor Marketing Representative: Naomi Sullivan News Staff: Gordon Weeks & Rebecca Olson Published since 1995, The Whidbey Examiner is Whidbey Island’s only locally owned, independent newspaper.

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Related story: Attorney known for work on offbeat cases: page 7 exasperated by the attorney’s meandering arguments, at one point telling him, “Listen to me; answer my question.”

In reference to the Emersons’ defamation claim, Hancock asked Pidgeon to explain how his client was harmed.

“You have to have some showing that it is damaging to a person’s reputation,” Hancock said.

“How is it damaging to Kelly Emerson’s reputation that two people would be reading a newspaper saying ‘Emerson ignores county law,’ when the statement ‘Emerson ignores county law’ is substantially true?”

Pidgeon conceded that it was true that the Emersons violated the law when they proceeded with their building project without a county permit. But he said the campaign mailer made it seem as if that violation had been reported in this specific headline in a newspaper, when it hadn’t.

“Even though there may be truth in this proposition, what’s false about the proposition is that it’s a false statement on its

face that this ran in a newspaper, when it didn’t. That it contained Kelly Emerson’s picture, when it didn’t,” Pidgeon said. “And there were no two old people who were shocked by what they saw in this newspaper.”

“It’s one thing to have something be proved between two parties,” Pidgeon said. “It’s another thing to say that this particular statement has hit the public airwaves.”

After Judge Hancock declared that Kelly Emerson is clearly a public figure under Washington law, Pidgeon withdrew the defamation claim.

After the judge pointed out that the Emersons had no valid claim of violations of the state’s Consumer Protection Act, Pidgeon abandoned that claim as well.

Pidgeon finally concluded that the Emersons’ case boiled down to one issue: that Island County employee Ron Slechta had illegally entered the Emersons’ property when he ventured into their unfenced yard and around to the side of their house that was visible from the street to look at the illegal construction without first securing a search warrant.

When Hancock asked the attorney if he should base his summary judgment decision solely on that one claim, Pidgeon said “yes.” A

Coupeville Memorial Day Parade & Remembrance Ceremony Saturday, May 28 in Historic Coupeville Parade starts at 11 am.

Remembrance Ceremony is at Noon in Coupeville Town Park, followed by the Community Picnic!

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The Coupeville Memorial Day Parade, Remembrance Ceremony, Concert in the Park & Town Picnic are sponsored by:

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Page 4

The Whidbey Examiner • Thursday, June 2, 2011

viewpoints Emerson must reimburse taxpayers for frivolous lawsuit We welcome the news that the lawsuit filed by Island County Commissioner Kelly Emerson against the county, two county staffers and a former commissioner has been dismissed.

The claims made by Emerson defied logic and revealed a real lack of understanding of the laws of our state and nation – and the fact that laws apply to everyone.

But then, Emerson apparently believes she doesn’t have to obey any laws she doesn’t like, as evidenced by her decision to go ahead with a building project at her house without obtaining the permits that she knew she needed before proceeding.

When the elected commissioners are sworn into office, they take an oath in which they promise to uphold the law. Why would Kelly Emerson think the law shouldn’t apply to her?

Emerson’s attorney had argued that the county’s enforcement of its building and land-use rules amounted to unreasonable search and seizure, which is prohibited under the Fourth Amendment.

But enforcing land-use restrictions that limit the way a person can use their land do not constitute seizure of property. Rather, such laws are designed to protect the environment and the health and safety of the public, which is in the public interest.

Emerson also had argued that she had been defamed by a mailer distributed by former Commissioner John Dean during his re-election campaign.

The mailer said Emerson had ignored county law, and Emerson complained that statement was designed to make her look bad so she would lose the election.

The fact is, she did ignore county law. And she was fully aware of it at the time.

To paraphrase Judge Alan Hancock during the court hearing last month, you can’t sue someone for defaming you if the information they are spreading about you is true.

The lawsuit filed by Emerson was clearly frivolous and a waste of time and taxpayer money.

In the seven months since she filed the suit, county staff spent many hours preparing for the case – all of which was done on the taxpayer dime.

Representation by a risk-pool attorney helped keep the county’s court costs down, but the county should seek to recover all documented court costs – and Emerson should be required to pay them.

And now that the court has ruled on this matter, the Island County commissioners need to put the lawsuit and the bad feelings it engendered behind them, roll up their sleeves, and get back to the task of managing county government.

Coupeville’s Memorial Day parade reveals strong community spirit In the midst of the rainiest spring in recent memory, Coupeville lucked out with sunshine last Saturday as its annual Memorial Day parade made its way through streets lined with waving, cheering Whidbey Islanders.

The antique cars, costumed parade participants and smiling faces are a happy spring tradition that brings the entire community together to honor our veterans and remember those who made the ultimate sacrifice.

But the most memorable moment of the day came during the speech presented by Pearl Harbor survivor J.D. McGraw as he recalled the young men – his friends and comrades – who had so long ago died in service to this nation.

Determined that they not be forgotten, he read their names aloud, one by one. The crowd assembled at Coupeville Town Park fell silent as they listened to the names of men they would never know, but to whom this nation will forever owe a great debt.

– Publisher Kasia Pierzga

Whidbey Examiner online poll To cast your vote, visit the Examiner online at www.whidbeyexaminer.com and look for the poll at the bottom left side of our home page. The poll isn’t scientific, but safeguards are in place to keep people from voting repeatedly from the same computer, and all votes are cast anonymously.

This week’s question:

• Now that her lawsuit has been resolved, what should be the next move for Island County Commissioner Kelly Emerson?

Poll results will appear each week in the Viewpoints section of our print edition. Log on and vote!

dinary.” Maybe court security needs to include eye pupil exams for drug use, breathalyzer tests for inebriation and mediThe whole article about Commissioner cal background searches for potentially Emerson’s attorney is fascinating. This is dangerous paranoid afflictions leading the not about politics; it’s about whether to afflicted to report “to various sources, the have politics as we know it, as a democpresence of’ ‘law enforcement’ officers racy in which ideas can be discussed, or from the Department of Homeland Secua chaotic cacophony of Ayn Rand cultists rity (DHS), complete in regalia to their outshouting each other. We have to have black goon-mobiles, overtly positioned in a basis for a shared understanding of how proximity to his home.” things work, especially democracy, includYour article would be appropriate for ing education, economic justice and fair the comic section, if your paper had one. elections. Simplistic anti-government atDo you suppose the people in the packed titudes inside government tend to, at best, courtroom were worried that, after gradualdisrupt the business of the people, like a ly abandoning nearly all the claims he purloud obnoxious kid can disrupt a class. At sued in the Emerson case “a flustered and worst our democracy can be dismantled verbally meandering Pidgeon” might fly? and sold off to the highest bidder.

– Al Williams – Howard Garrett Oak Harbor Greenbank

Suit bashes democracy

Poor effort on WGH bond

Court hearing was an unseemly sideshow

It is nice that Whidbey General folks can put a smiley face on the recent hospital bond loss: a 55 percent vote approval What on earth goes on at our venerable rate just short of the required 60 percent Superior Court? How sad that our overrate needed for the bond to become realburdened and respected judicial institution ity. Let’s talk reality over warm, fuzzy PR should be the scene of what reads like an speak. Roughly 55 percent of the Whidbey unseemly sideshow put on by someone Hospital District voters did not bother to who apparently relishes performing in the cast a ballot! Why? public eye and is anxious to turn a serious Was it because of the north-end free courtroom into a publicity charade. lunch bunch or something else? To me After reading the Examiner article it suggests the folks at Whidbey Generabout the commissioner’s attorney, Mr. al don’t understand the community they Pidgeon (“Emerson attorney known for serve and were less than aggressive in work on offbeat causes,” May 26), one marketing the hospital bond issue. wonders how he managed to pass a bar First, lack of understanding of the hosexam. Was his name assigned at birth or pital’s customer base. An example is their a self-assumed humorous “stage name” advertised “patients first” policy. Why do to advertise his professional capacity or choice of cases to accept? Was his perfor- they find it necessary to advertise that polimance a comedy or tragedy? Or was it just cy in the first place? As a hospital patient I a Tea Party titillating, Donald Trump-type expect to be a hospital’s No. 1 priority. But publicity stunt? If he was serious, it was a if a hospital finds it necessary to tell me performance that would “clearly exasper- that, let’s say a less-than-warm fuzzy feeling sets in my patient mind. ate” a judge and would be dangerously Last but not least, marketing a product tantamount to contempt of court. or service requires knowing your customer Ordinarily, court reporters are amazingbase.

Successful sale of a product or service ly able to record every word and nuance requires going to the customer rather than uttered under oath, but if “several times, the court reporters stopped the attorney to waiting for the customer to come to you. I suggest next time get off your backsides, ask him to speak more slowly and repeat which cases he was citing,” it sounds like also do a little show and tell efforts or as the they were struggling with the babbling of military folks like to say, a dog-and-pony a schizophrenic circus barker trying to an- show, to enlighten your customer base.

– Thomas F. Strang nounce all three rings at once.

Coupeville The event must have been “extraor-

Last week’s Examiner online poll question: With the Chetzemoka in service and the Salish arriving soon, has your confidence in the PT ferry route been restored?

How our readers voted: q The new ferry is great and having two boats on the route will be even better. q The new ferries are bigger and feel safer in winter than the Steilacoom II did. q I rarely ride the ferry, so it doesn’t affect me much. q I’m still very hesitant to ride the ferry for fear of not being able to get back.

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Page 6

The Whidbey Examiner • Thursday, June 30, 2011

Emersons: Lawsuit not ‘frivolous,’ deserves a trial

Coffee on the menu

By Gordon Weeks Examiner Staff Writer

Kasia Pierzga / The Whidbey Examiner

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Island County Commissioner Kelly Emerson and her husband Kenneth argue that the dismissal of their lawsuit against the county should be reconsidered because a trial would have addressed such questions as whether they provided the county with the information required to get a building permit.

The Emersons also claim that Island County’s motion for them to pay $35,915 in attorneys’ fees and costs should be denied because their lawsuit against the county was not “frivolous.”

The Emersons’ reply to Island County’s response to their motion for reconsideration, and their motion to deny the county’s request for attorney and court costs were both filed June 23 in Island County Superior Court.

Superior Court Judge Alan Hancock on May 27 ruled for the defendants’ motion for summary judgment in dismissing the lawsuit by the Emersons.

The Emersons had charged Island County officials and employees with trespassing, defamation, civil rights violations and other charges involving illegal construction on their Camano Island property.

In his decision, Judge Hancock concluded that “none of the Emer-

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sons’ claims have any merit.”

The Emersons filed a motion for reconsideration June 6, and Seattle attorney Mark R. Johnsen – who is representing Island County – responded to their motion on June 16. That same day, Johnsen filed a motion for the award of $35,915 in attorneys’ fees and costs. Johnsen wrote that the Emersons’ lawsuit was “frivolous, unreasonable and without merit, entitling the defendants as prevailing parties to recover their attorneys fees and costs.”

In their response, the Emersons state Island County has failed to establish that their case is “frivolous” under state and national laws.

“Voluntary dismissal of causes of action and summary judgment do not equate to frivolousness under the law,” their motion states.

“The question is whether the case was brought in good faith at its outset, not after discovery … Losing a case on summary judgment does not ‘render (a) case per se frivolous, unreasonable, or without foundation.’”

The Emersons also argue that Island County has not shown that their attorneys’ fees and costs are “reasonable.” The county did not provide any billing invoices, and “detail is critical, as a defendant is only entitled to the portion of his and her fees that are directly at-

tributable to the frivolous claim or claims,” the motion states.

Hancock took the motion for attorneys’ fees under advisement without hearing oral arguments.

He said he would release a written decision.

In their response to the county’s response to the Emerson’ motion for reconsideration, the Emersons say a trial would give a “fact-finder” the chance to address what they believe are “issues of fact.”

“To grant the motion for summary judgment when these issues of fact remain would be contrary to or an error of law, and would defeat notions of substantial justice,” the motion states.

In their motion, the Emersons state that matters up for factual contention include whether their unpermitted construction is visible from the street or a neighbor’s house; whether it was “reasonable” for county building inspector Ron Slechta to enter their property without a warrant; if their property should be considered a wetland under Island County code; and whether they complied with the county’s stop-work order.

The Emersons on June 23 also filed a motion announcing that they are no longer represented

by Everett attorney Stephen Pidgeon. Their new attorney is Justin D. Park of the Bellevue law firm Romero, Park and Wiggins. A

worked with the U.S. Bureau of Reclamation, the Soil Conservation Service and the U.S. Navy.

The Coupeville resident has volunteered regularly with the Conservation District as well as with Hearts and Hammers. His term on the board ends in 2014.

The board has a new vacancy due to the recent death of elected supervisor Duke LeBaron. Applicants are sought to complete his term, which ends in May 2012.

For information, contact Chairman Fran Einterz at 360-672-2331.

Port reclaims Clinton parking lot

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Beginning July 1, the Port of South Whidbey takes over the management of its Humphrey Road parking lot above the Washington State Ferries terminal at Clinton.

The port has owned and maintained the facility since 1991, although since 1996 the facility has been operated by lessee The Norman Group, better known as Patty’s Parking.

The lot, which is accessed by ferry users by stairs from Hwy. 525, is used by permit holders, daily users and ferry crew.

The parking rates will remain the same at least through the end of the year, the port states. The port board of directors will review the rates during its annual budget process.

Permits are now available at the port office in Freeland and by mail.

The port recently replaced a light pole at the lot, and work soon will begin replacing tread units on the stairs during off-peak daytime hours.

Page 4

The Whidbey Examiner • Thursday, June 30, 2011

viewpoints Arrival of the Salish is an occasion to celebrate More than three and a half years after the Steel Electric ferries were pulled from service on what was then known as the KeystonePort Townsend route, two-ferry service is back.

Starting Friday, July 1, the Salish joins her sister ship Chetzemoka on the route, instantly doubling its carrying capacity during the hours when both vessels are in service.

One thing we’d like to see is later hours of operation for the ferries. Imagine if Port Townsend residents could drive down to Langley for a show at the Whidbey Island Center for the Arts, then get back on the ferry for a trip home the same evening. And imagine if Coupeville residents could walk onto the ferry, attend a music performance in downtown Port Townsend, and still be able to sleep in their own beds that night. Surely that exchange of commerce would boost the local economy on both sides of the ferry route.

Washington State Ferries has said there’s no money to pay for later sailings, but we’d like to see the idea added to a wish list that we can work toward as a goal for the future benefit of both communities.

Despite the ferry debacle, Coupeville has been especially fortunate in weathering the economic recession of the past few years. The combination of scenic beauty, historic preservation, a charming downtown and laid-back, small-town vibe has proven to be the perfect draw for people seeking an escape from the rush-rush lifestyle of the Big City.

Here at the Examiner, we’re proud of the role we’ve played in strengthening Coupeville and Central Whidbey as a unique travel destination with our annual visitor guide, which is distributed throughout the island, at visitor centers throughout the region, and on the ferries.

But we’re just one part of the whole, as our local business owners all put a lot of time and effort into maintaining the kind of downtown that draws visitors to Coupeville again and again. Next time you’re in a Coupeville business, please take the time to thank the merchant for the care and effort he or she takes in maintaining that small business.

Oh, and don’t forget to spend a little money while you’re there!

Ebey’s should be open to paragliders

I read with interest the article “Paragliders eye return to Ebey’s bluff” in the June 9 edition of the Examiner.

Island County Commissioner Kelly Emerson needs to stop wasting I’ve flown both my hang time, pay her fines and the county’s court costs, and get back to work. glider and my paraglider from the She seems to think the county’s legal defense of its employees bluff at Ebey’s Landing dozens of against her lawsuit is the result of some vague liberal vendetta against times before the park was closed her, but the claims she and her husband insist they have against the to flying; in fact, one of the most county are based in neither law nor reality. The judge has already ruled on her case, and no amount of effort aimed at getting him to re- memorable among my 1,100 consider his ruling is going to change the outcome. hang-gliding flights was at Ebey’s If Emerson put as much effort into doing her job as she has into Landing on Dec. 31, 1989. pursuing her frivolous case against Island County, she’d be well on According to my logbook, I her way to becoming a competent commissioner. The taxpayers are launched my hang glider at 2:25 paying her salary, but they sure aren’t getting their money’s worth. p.m. on a day with clouds and sun The whole thing has become tiresome and repetitive, and right now it breaks, and eventually climbed to seems there’s no end in sight.

1,300 feet – that’s one quarter of a If Emerson insists on continuing to flog her frivolous lawsuit, the people of Island County should seriously consider seeking compensa- mile above sea level – and soared for 1:20 minutes before having to tion for the pain and suffering they are having to endure in watching land and thaw out. this pointless legal battle drag on.

This quote in the news article – Publisher Kasia Pierzga

Emerson lawsuit: Time to move on

Whidbey Examiner online poll To cast your vote, visit the Examiner online at www.whidbeyexaminer.com and look for the poll at the bottom left side of our home page. The poll isn’t scientific, but safeguards are in place to keep people from voting repeatedly from the same computer, and all votes are cast anonymously.

This week’s question:

• What should be the policy regarding the student use of telecommunication devices in Coupeville schools?

Poll results will appear each week in the Viewpoints section of our print edition. Log on and vote!

caught me by surprise: “[Paragliding] is different than hang gliding, in which riders simply descend in a simple path,” said Starlund. Paragliders can use the wind drifts to stay aloft and glide along the bluffs for long periods.”

Mr. Starlund, Northwest Region resource steward for the Washington State Department of Parks and Recreation, can be forgiven for his misconceptions about hang gliding, since most likely the park was closed to that recreational activity before he was hired as resource steward.

However, I’d really appreciate if you would let my experience inform your readers that, as far as soaring with eagles goes, both hang gliders and paragliders are equally privileged to enjoy that experience.

It would be a wonderful thing if foot-launch flight – soaring with

eagles, looking down on whales – was once again permitted at this unique and amazing site.

– C.J. Sturtevant North Bend

Correction Due to an editing error, a letter in the June 23 issue titled “Another view of Obama” inadvertently replaced the word “self-employed” with the word “unemployed.”

Got an opinion?

Submit letters to the editor by e-mail at news@whidbeyexaminer. To submit a letter by mail, send it to The Whidbey Examiner, P.O. Box 445, Coupeville, WA 98239.

Letter writers much include a phone number so the letter can be verified. The number will not be published in the paper.

Last week’s Examiner online poll question: What do you think of the proposal to establish smoking areas in Island County parks?

How our readers voted: q I think it’s a great idea. That way we can call the cops on annoying smokers. q A better idea would be to post signs asking smokers to be mindful of other park users. q It’s a nice idea, but it doesn’t seem like it would be easy to enforce. q It’s a lousy idea. People should be allowed to smoke outdoors at parks.

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