by Jack Mayne

The Seattle-Tacoma International Taxicab Association (STITA) lost another round in its fight to retain a contract with the Port of Seattle to be the sole provider of cab service leaving the airport, a contract it has held for about 20 years.

The Washington Supreme Court on Thursday (Aug. 5) declined to review an appeals court decision upholding the Port of Seattle’s award of the outbound taxi service contract to Yellow Cab. The Court also dissolved a stay preventing a new contract between Yellow and the Port and, within moments of the high court’s decision being announced Friday morning, the Port signed a new contract with Yellow that will take effect on Nov. 1

Chris Van Dyk, the principal of the Bainbridge Media Group and the person who authored the Yellow Cab bid, issued a news release Friday:

“You will be pleased to know that . . . the Washington State Supreme Court denied certiorari (review) of the STITA appeal of the temporary injunction that had been issued, blocking contract signing between the Port and Yellow, in this case,” Van Dyk wrote. “Accordingly, the Port of Seattle has signed the contract for outbound taxicab services with Puget Sound Dispatch dba Yellow Taxi Association, and Yellow will begin outbound on-demand (curbside pickup) taxicab service at SeaTac on Nov. 1, 2010.”

The original STITA contract was supposed to have ended on August 31, but was extended by the port for 60 days because of the legal battle, plus the fact Yellow would need time to redeploy cabs to the airport and to make other arrangement to take over the service, said Perry Cooper, spokesman for the airport.

Despite the setback, STITA attorney Michael Goldfarb of the Seattle firm of Peterson Young and Putra, said the case was still a long way from being over.

Goldfarb says he plans to file a motion in another suit involving cab service at the airport. STITA will allege the contract signed between Yellow and the Port is illegal because there were “significant changes: made after the contract outlined in Yellow’s original bid.

“Our position is that the Port negotiated wholesale changes to the agreement and any such changes were never approved by the Port Commission (in a public meeting),” said Goldfarb. “We will ask the (King County Superior Court) to nullify the contract,” the attorney said.

“Even though the important issues raised by this first case won’t be heard by the state’s highest court, we still have a strong position in a second case,” said Jesse Buttar, STITA spokesman. “We still look to the Port to restore the public trust in this contract and process.”

by Ralph Nichols

In the epilogue to a contentious period in Des Moines politics, city council members agreed on March 11 to pay former Councilman Gary Petersen $58,000 to settle his long-standing claim against the city.

The settlement compensates Petersen for legal fees incurred in his successful defense against a conflict-of-interest allegation involving his business – Pete’s Towing, the company’s contract with the city for towing services, and his concurrent position on the council.

After more than years of litigation, the Washington Supreme Court held in 2006 that Petersen had no conflict of interest in owning Pete’s Towing while serving on the city council.



“I am glad the courts have finally vindicated me,” he told me following the Supreme Court decision. This “completely [discredits] the attacks on my honor and integrity.”

But his legal expenses from that case remained an unresolved issue until last week, when six council members voted to approve the settlement. Councilman Dave Kaplan, who was defeated by Petersen in the 2001 city election, voted “no.”

Shortly before Petersen’s first council meeting in 2002, then-City Manager Bob Olander and then-City Attorney Gary McLean told him that, as a councilman, he would have a conflict of interest as owner of Pete’s Towing.

Pete’s Towing provides towing and impound services for the Des Moines Police Department and other city agencies, which it has done for almost 50 years.

Then, not long after Petersen took office, a group of local citizens publicly demanded that he relinquish the Pete’s Towing contract with the city, or divest himself of any interest in the company, or that he resign from the council.

When Petersen declined to do any of these things, the citizens’ group filed a lawsuit seeking his removal from the city council.

At trial, King County Superior Court Judge Laura Gene Middaugh ruled against Petersen, finding him in violation of state conflict-of-interest laws governing local officials.

But instead of taking any action against him, Middaugh declared that both state law and case law were vague as they related to Petersen’s case. She encouraged him to appeal her decision.

Earlier in 2006, the Court of Appeals unanimously reversed Middaugh’s ruling and dismissed the case against Petersen.

The Supreme Court subsequently issued a mandate stating that it agreed with the findings of the appellate court.

“Gary’s willingness to persevere on behalf of himself and other business owners throughout Washington has resulted in significant and important new case law,” Scott Missall, Petersen’s attorney, said in a statement to me after the Supreme Court action.

“The court’s decision upholds the intent of [state law] to encourage business owners to run for elected office. It’s been a hard-fought battle, but worth it because justice prevailed in this case.”

Commenting on the unanimous ruling, Petersen said at the time, “The court has once again recognized how hard I have worked to conduct myself honestly in everything that I have done for this city.

“The will of the voters who elected me has again been upheld. This decision underscores the fact that this lawsuit was nothing more than a political attempt to discredit my honor and integrity.”

The FBI announced recently that Gino Augustus Turrella, 47, of Des Moines, was sentenced in U.S. District Court in Seattle to seven years in prison, five years of supervised release and $231,100 in restitution for 19 felony counts regarding threats he made against the Boeing Company, Shell Oil and Chevron Oil Company.

As we reported Nov. 6th, Turrella was convicted Nov. 6, 2009, following a four day jury trial in front of U.S. District Judge John C. Coughenour. Turrella was convicted of the following:

• Making Interstate Communications with Threat to Injure Person
• Making Threat by Instrument of Interstate Commerce
• Possessing a Firearm during Threats of Violence
• Identity Theft

At sentencing Judge Coughenour ordered Turrella to forfeit his extensive arsenal of weapons to the government.

According to the FBI’s announcement:

Turrella was arrested on August 26, 2008, in the parking lot of the REI store in Tukwila. In a search of his home, law enforcement recovered more than 100 firearms. According to records in the case and testimony at trial, Turrella sent threats via e-mail and through the Internet, on nine occasions between the dates of May 2, 2008, and May 30, 2008. In making the threats, Turrella posed as other real people, and used e-mail addresses that he had opened under the names of those individuals.

In the e-mails that he transmitted to Boeing, Turrella stated variously that he was going to bring a gun into a Boeing facility and “shoot ever [sic] employee I see,” and also that he would “strap himself with explosives and detonate” them if and when he was apprehended, in order to cause “maximum death and destruction in the workplace!”

In an e-mail he posted to the Anacortes oil refinery website, and to the Richmond, CA Chevron Oil refinery website, he stated that “a bomb was placed at a strategic location at the oil refinery” and that he was “going to set if off via remote control” so that it “will kill the most of your employees and do the most destruction to your refinery.”

In making the threats to the Boeing Company, Turrella posed as one of his former managers at the Boeing Company. Turrella was angry at the manager because he had authorized disciplinary action against him. In making the threats to the Shell and Chevron Oil refineries, Turrella posed as a different person—a former co-worker at another company that Turrella disliked. In both cases, Turrella apparently hoped that the people who he impersonated when making the threats would suffer repercussions—either in their jobs or even perhaps in the form of criminal investigation—because of them. Prosecutors were able to show that Turrella’s laptop contained evidence linking him to the e-mail accounts used to send the threats, and that the laptop had been logged on to the wireless networks at the King County Library or Highline Community College when the threatening communications were transmitted.

In their sentencing memo, prosecutors noted that Turrella had a history of making threats. In 1992 he was investigated for jamming HAM radio frequencies and was fined $10,000. His response was to make threats over HAM radio. In 1997, he disrupted the U.S. Coast Guard emergency broadcast channel, and made threats when he was informed of the possibility of federal prosecution. In 2001, Turrella sent threats via mail and e-mail to the Army National Guard.

Asking for a significant sentence, prosecutors wrote to the court: “In short, Turrella has persisted, for years, in deviously exploiting his knowledge of successive technologies to terrorize others. He has done so, relentlessly, despite the fact that he was explicitly warned that he would be federally prosecuted if he persisted.”

The case was investigated by the FBI, the Auburn Police Department, and the Pierce County Sheriff’s Department. It is being prosecuted by Assistant United States Attorneys Kathryn Warma and Aravind Swaminathan.

In the continuing saga of STITA vs the Port of Seattle, on Monday (Feb. 22nd), the Washington state Court of Appeals ruled in favor of the cab company by granting a temporary injunction against the Port of Seattle’s planned contract with Yellow Cab/Puget Sound Dispatch.

This means the Port cannot sign the planned contract “until further order of the Court” (click here to download/read the order as a PDF file), which could happen in April.

STITA’s request to expedite the appeal was granted by Commissioner Mary Neel. The Commissioner’s order states that this case will be heard by a three-judge panel “toward the end of the April 2010 term,” meaning that this ongoing SeaTac soap opera is far from over.

Members of STITA, who filed the original lawsuit against the Port of Seattle on Jan. 29, were obviously pleased with the decision.

“We are thrilled that the court stopped the Port from proceeding with an illegal contract,” said Jesse Buttar, a STITA member and spokesperson. “We’ve only ever asked for a fair process and a legal contract and now we hope the Port has finally listened and will re-do its flawed bidding process.”

Here’s more info from STITA’s press release, issued late Monday afternoon:

STITA, a non-profit co-op with one of the greenest cab fleet in the country, was created in 1989 by the Port of Seattle to exclusively serve the airport and provide reliable service to airport users. Now, after an unfair proposal process, STITA and its approximately 450 members and drivers will essentially be put out of business. They have the airport contract through August 2010.

STITA’s lawsuit claims that the Port’s bidding process violated state law by requiring bidders to commit to pay an unfair concession fee of at least 10 percent of their airport-based revenues to the Port. This revenue system violates the Airports Act, which says airport concession fees must be based upon the actual cost of operations and be reasonable and uniform. Previously, the Port had charged a per-trip fee to taxis based on the airport’s actual cost of services provided to the cabbies.

Additionally, the lawsuit contends that the Port’s new concession fees violate the King County Code and takes away from the King County Council’s authority to set “just and reasonable” taxi meter rates.

Despite protests from STITA to the Port about these glaring problems with the process and the proposed contract, the Port has so far declined to re-do its flawed contract bid.

A second lawsuit against the Port and Yellow Cab by Farwest Taxi was filed on Feb. 12.

Read our previous coverage of this ongoing legal battle here.

The Port of Seattle is apparently being sued by a second taxi company – this time by Rainier Dispatch (aka Farwest Taxi) for ignoring collusion.

This is the latest twist in an ongoing legal war against the embattled Port of Seattle, and Rainier/Farwest is now the second taxi company to claim the Port’s process for selecting a new on-demand airport taxi contract is illegal (as we’ve covered previously, the first was STITA).

According to a press release we received Tuesday, Feb. 16th:

Farwest Taxi filed a lawsuit last Friday (Feb. 12th) in King County Superior Court against the Port of Seattle and Yellow Cab, its former partner in a joint bid for the airport contract. The lawsuit claims the Port’s proposal process was illegal. The lawsuit says lobbyist Chris Van Dyk drafted the bid for Yellow Cab, the winning bidder for the on-demand airport contract. Then he turned around and used that insider information to draft a less competitive proposal by the No. 2 bidder, a joint venture between Yellow, Farwest and Orange Cab.

“The Port of Seattle and Yellow Cab should be ashamed of this whole process,” said Gurcharan Dhaliwal, president of Rainier Dispatch. “Yellow Cab and Chris Van Dyk took our bid information and used it to make sure they came out on top, and the Port looked the other way.”

According to the lawsuit, Van Dyk knew trade secrets of the two other bidders in the joint venture, and used that proprietary intellectual property to ensure Yellow Cab submitted the top bid. In addition, in its legal filing, Farwest says it explicitly told Yellow representatives that it did not want anyone who drafted the joint venture proposal to also draft a proposal for any of the three individual members. They said they were assured that would be the case.

The Port’s own RFP states: “One or all responses will be rejected if there is reason for believing that collusion exists among Proposers, and no participant in such collusion will be considered in future proposals for concessions at the Airport.” [RFP, 13.4.1, p. 6]

This latest lawsuit follows on the heels of a well-publicized lawsuit filed by the Seattle-Tacoma International Taxi Association (STITA) on Jan. 29. STITA, which has the exclusive taxicab contract at Sea-Tac Airport through August 2010.

Like STITA’s lawsuit, Farwest Taxi’s lawsuit requests a court order barring the Port of Seattle from officially signing a contract with Yellow Cab. It also seeks an order disqualifying Yellow Cab from future re-bids of the airport contract.

STITA members were encouraged that another taxi company – even one of their competitors – saw the same foul play and are now suing the Port and Yellow Cab.

“Here is yet another reason for the Port to hold off on signing the illegal contract with Yellow Cab,” said Jesse Buttar, a spokesperson for STITA. “We hope the Port takes the opportunity to go back and review this whole process. This illegal process directly affects the 450 families who make up STITA. We just want a fair shot at the airport contract.”

A copy of this lawsuit can be downloaded here (as a PDF file).

The Highline Historical Society will be presenting “Soldiers in Petticoats: The Struggle of the Suffragettes” at the SeaTac City Hall on Sunday, Feb. 21st, beginning at 2pm.

Local actress Tames Alan will return, dressed in full period costume and acting in character, to talk about the struggle of American women to gain the right to vote.

Here are the details:

WHAT: Highline Historical Society’s “Soldiers In Petticoats: The Struggle of the Suffragettes”

WHEN: Sunday, Feb. 21st beginning at 2pm

WHERE: Sea-Tac City Hall, located at 4800 S 188th Street.

COST: This is a FREE event.

INFO: From a press release:

In the authentic clothing of a suffragette, Actress Tames Alan returns to talk about the struggle of American women to gain the right to vote. In 1867, the passing of the 14th Amendment defined “citizen” as “male,” thus denying women the right to vote. On this 100th Anniversary of women’s right to vote in Washington State, learn how American women adopted the militant tactics of English suffragettes to earn the right to vote and regain citizenship in their own country. Discover how the suffragettes influenced child labor laws, the use and dispersal of birth control, the Temperance movement, and the right of women to earn a college degree.

This engaging program is free.

It is brought to the community by the Highline Historical Society with the support of Humanities WA.

Immediately followed by a reception for the elected women of Highline.

Tames Alan is an actress, historian, and fashion history teacher who has combined her skills to create Living History Lectures for people of all ages. Since 1986, she has been touring her programs throughout the United States and Canada, where she is known for in-depth research and a lively presentational style. Tames studied theater and history at Willamette University in Oregon and theater at the American Conservatory Theater and the Dell Arte School in California. She taught fashion history at the Art Institute of Seattle, and is a historical consultant to museums, libraries, and historical festivals throughout the Pacific Northwest.

For more information, visit the Highline Historical Society’s website here.

by Ralph Nichols

In a victory for private property rights, the SeaTac City Council voted unanimously on Tuesday, Jan. 26th to rescind their earlier condemnation of the “Park-N-Fly” business at 17400 International Boulevard.

The paid parking lot – easily recognizable by its landmark sign, a vertical blue and gold key, across the street from Sound Transit’s light rail station at Sea-Tac International Airport – is the focus of ongoing negotiations over development of a proposed city center there.

Council members voted last Sept. 22 to condemn the property in an eminent domain action. Had the condemnation proceeded, it was anticipated that the SeaTac would sell the land to a private developer who then would build a parking garage and a city center complex.

“We are very pleased that the city council reconsidered its earlier action and upheld the Constitution and respect for private property,” John Houlihan Jr., an attorney for James and Doris Cassan, owners of Park-N-Fly, said following the action. “The Cassans look forward to continuing their long-standing business.”

Doris Cassan added that they now “will continue to pursue with the city what will make a first-class project.” This will be a mixed use development including some combination of a hotel, retail, office space and possibly some multi-family housing in addition to parking.

Councilman Rick Forschler said prior to the vote the earlier condemnation of the Cassan’s property was “a misuse of eminent domain.” He noted that while the council said it wanted to take the property for a “public use,” that use actually would have been a sale of the land to a developer who would build a private parking garage there.

“The Cassans are committed to making this a first-class development,” said Councilman Tony Anderson in support of rescinding the condemnation. He also appealed to both parties to “continue their negotiations (for development of the site) in good faith.”

And Councilwoman Mia Gregerson said she would vote to rescind because “the city and property owners are working together for a development that works.”

Councilman Ralph Shape, who defended the condemnation action at the council’s Jan. 12 meeting, offered no comment before voting to repeal it.

Council members approved the condemnation ordinance last year because they “believed it was in the best interests of the city,” said Councilman Gene Fisher, who introduced the ordinance to rescind at the earlier meeting.

“Because of conversations going on (since the original action) between the city and property owners … working together for development that works,” condemnation of the Cassan property is not appropriate and he could not support it, Fisher declared.

However, he noted that ordinance repeals condemnation without prejudice, which would allow the city to invoke that action in the future “if parking needs increase and negotiations with the property owners stall.”

Earlier in the meeting, Scott Roberts, property rights director with the Freedom Foundation, told council members there is a need for eminent domain reform in Washington and urged the lawmakers to act with that in mind.

“You know the difference between right and wrong,” Roberts added, and rescinding condemnation of the Cassan property “certainly is right.”

Companion bills to limit the use of eminent domain in Washington, introduced at the request of Attorney General Rob McKenna, currently are before the Legislature.

Doris Cassan summarized their plans for the property and urged the council to allow Park-N-Fly to remain in private hands and be developed privately by them.

On Tuesday (Nov. 17th), Leemah Carneh, the man accused of murdering an elderly couple and two teens at a Des Moines home in 2001, pleaded guilty to murder.

Carneh, 28, pleaded guilty to four counts of aggravated first-degree murder with a firearm for the brutal killings. These charges carry a mandatory life sentence, which King County Superior Court Judge Palmer Robinson imposed following the plea.

Carneh, who was 19 at the time, is accused of killing Richard and Jane Larson, 63 and 64, their grandson Taelor Marks, 17, and his 17-year-old girlfriend, Josie Peterson, in the Larsons’ home in March 2001. Peterson was a cheerleader at Evergreen High School when she was killed.

As we reported previously, Judge Robinson, following a competency hearing that took place over several weeks, ruled in August that Carneh was mentally fit to stand trial. He was diagnosed as a paranoid schizophrenic not long after his arrest.

Carneh was arraigned on the four counts of aggravated first-degree murder immediately following Robinson’s ruling.

According to police investigators, Carneh allegedly gunned down Marks’ grandparents, hid their bodies, then waited inside the house for Peterson and Marks and brutally beat them in an ambush when they came home. King County prosecutors allege that Carneh was obsessed with Peterson, who didn’t know him.

He was arrested at his home two days after the killings. When police searched Carneh’s house after the killings they found a photo of Peterson, a ring belonging to Marks, luggage with the Larson’s name on it, a stereo from Marks’ car, a handgun – and bloody clothes.

Despite this evidence, criminal proceedings were delayed while Carneh was treated for his mental condition at Western State Hospital. On several occasions, he was returned to the King County Jail only to be sent back to the hospital when it was determined he still was not mentally competent to participate in his defense.

After prosecutors decided not to seek the death penalty, Carneh will now face life in prison without the possibility of parole. In late 2005, he received a civil commitment to Western State when another superior court judge ruled he still was not competent to stand trial but under state law no longer could be held on the criminal charges.

One year later, prosecutors were notified by officials at Western State that Carneh’s mental condition has improved to the point that he no longer needed constant supervision. They also said he was eligible to earn permission to leave the hospital grounds. At that point, prosecutors re-filed the murder charges and requested a new competency hearing for Carneh. But it took another two and a half years with a new treatment regime before he was finally found fit to stand trial.

Shortly before the original murder charges against Carneh were dismissed, Taelor’s mother Lorraine Marks said, “It’s unbelievable to me. He wrote the book on how to commit murder and get away with it…. I’m furious with the system.”

When the charges against Mr. Carneh were dismissed in 2005 and he was sent from the King County Jail back to the mental treatment facility, prosecutors said it was unlikely, even if he never went to trial for the murders, that he ever would ever be free again.

But late last year, prosecutors learned the defendant had made enough improvement to be unsupervised and perhaps even leave the grounds of the institution.

 At that point, they re-filed the charges of aggravated first-degree murder against him.

 Yet now, he again has been found mentally unfit. Western State staff believe additional treatment alternatives can help Mr. Carneh become competent so he finally can stand trial.

The Seattle Times is reporting that Gino Turrella, a Des Moines man, has been convicted of 19 felony counts for threats he made against Boeing, Shell Oil and Chevron Oil.

Turrella was convicted Friday (Nov. 6th) in US District Court in Seattle after a jury deliberated about five hours following a four-day trial.

According to the Times, Turrella was convicted of:

• 2 counts of making interstate communications with threat to injure persons
• 7 counts of making threats by instrument of interstate commerce
• 1 count of possessing a firearm during threats of violence
• 9 counts of identity theft

He faces between 5-10 years in prison. His sentencing date is scheduled for Feb. 19th.

According to documents, Turrella made eight threats via email in May of 2008, posing as other people by using accounts he’d created himself. The threats included one to Boeing in which he claimed that he was going to bring a gun and go on a shooting rampage, as well as detonate himself as a suicide bomb.

When Turrella’s home was searched, police discovered over 100 firearms.

When you do a Google Search for Turrella, you’ll see that he was also quite active Commenting on various websites, oftentimes with fiery language.

Read the full story here.