Signature Gatherer Files Suit Over Arrest For Trespassing -- Millions Sought From Store, Bothell Police

BOTHELL - An Everett man has filed a lawsuit against a grocery store and two police officers after his arrest two weeks ago on charges of criminal trespass while collecting signatures outside the store.

An Olympia attorney filed the lawsuit in King County Superior Court yesterday on behalf of William Mark Ronan, who was gathering signatures for Washington Initiatives Now (WIN) outside Olson's on the Bothell-Everett Highway.

WIN pays canvassers for each signature gathered. Headed by Sherry Bockwinkel, the group has collected more than 800,000 signatures for initiatives in the past five years.

According to a police report, Ronan was arrested by Bothell officers after refusing to leave the Olson's lot.

The lawsuit asks for $2.5 million in damages, including $2 million in punitive damages for alleged violation of federal civil-rights laws.

"Our key thing here is we want to send the message to state and local governments, as well as businesses," said Ronan's attorney, Shawn Newman. "There needs to be a reasonable accommodation for people to exercise this fundamental right."

The lawsuit is not the first challenge by a signature gatherer ousted from a private business open to the public. Newman said he is looking into at least six similar allegations. A 1981 case, which petitioners often cite when their presence is challenged, concluded that a citizen was within his rights to gather signatures inside the Alderwood Mall in Lynnwood.

Named as defendants in the suit filed yesterday are Quality Food Centers Inc., which owns the Olson's store; Columbia Property Management, which manages the strip mall where the store is located; two Bothell Police officers and the city of Bothell.

Bothell's city attorney was out of town yesterday and not available for comment, but a lawyer for QFC said the company had not been served.

"Based on our understanding of the facts, they do not merit a lawsuit," said Seattle attorney Josh Preece. "If QFC is sued, they will defend the claim vigorously."

Less than three months ago, an Oregon jury slapped Fred Meyer Inc. with a $2.1 million judgment in a similar case, which alleged false arrest and malicious prosecution against a woman who was soliciting signatures near the entrance of a Fred Meyer store in Portland.

The trial judge has since reduced the punitive damages from $2 million to $375,000, but the woman's attorney has appealed the reduction.

Ronan was collecting signatures for Initiative 640, called Save Our Sea Life, a measure to stop wasteful fishing practices, and Initiative 651, the Tribal Gaming Compact Act, which would allow Indian tribes to offer unrestricted gambling.

Ronan had gathered signatures at the store once before, with permission from the property owner. On the second occasion, May 3, he was denied permission to collect signatures by both the store and property managers. The store manager then called police.

"People have a right to collect signatures in an orderly fashion," Newman said. "We have situations all across the state where people are being arrested and tossed off property."

The lawsuit claims Ronan suffered humiliation, anguish and frustration in addition to loss of income. The punitive damages address the defendants' conduct, alleging it to be "wanton and intentional."