A Whatcom County Superior Court judge has found that a man who filed a public records lawsuit against the city of Blaine incorrectly cited the law and warned that practicing it in such a way could potentially be a criminal act and risk the plaintiff being sanctioned by the city.
In a motion hearing on August 22, Judge Robert E. Olson “advised the Plaintiff, Mr. Baker, about filing errors and his intended use of a pseudonym. The Court strongly advised Mr. Baker to obtain counsel and not proceed pro se, due to Mr. Baker not having a distinct motion, that his use of a pseudonym was moot; he did not file a summons; his miscited and mislabeled use of the law; and that practicing law in such a way could potentially be a criminal act.
“The Court stated further findings on the record regarding the use of civil and local court rules, and cautioned Mr. Baker about potential sanctions that the City of Blaine could seek.”
Olson presided over the hearing for a public records lawsuit that Geoffrey Baker, using the pseudonym Otto Pointer, filed August 8 on behalf of a citizen group called Blaine Water Coalition. The 112-page complaint alleges the city systematically violated the state’s public records act, failed to respond in a timely manner, denied physical inspection of documents and concealed environmental documents.
Baker has been among a small group critical of the city’s transparency and procedures, especially dealing with environmental concerns, in recent years.
This summer, Baker filed two SEPA (State Environmental Policy Act) appeals for Blaine development. Baker made a July 18 public records request related to those appeals and filed the lawsuit on August 8 after he believed the city had not sufficiently followed state records laws.
Baker had requested his real name be sealed out of fear of retaliation, citing anti-SLAPP laws that typically protect people from retaliatory lawsuits. Baker’s name was not initially redacted from the public lawsuit and had been used by city officials and in The Northern Light.
“The Court found it would be in gross error if it were to sign any orders and struck today’s hearing,” hearing records state.
Baker wrote in an email to The Northern Light that the coalition’s goal is not to halt development, but to promote responsible growth that protects environmental resources. The coalition is made up of at least two people, according to court records.
“We understand that Olson denied our motions based solely on procedural deficiencies under Washington court rules, as we were proceeding pro se (self-represented),” Baker wrote. “He provided helpful guidance on those rules but did not address or dismiss the substantive merits of our Public Records Act (PRA) claims against the city of Blaine.”
Baker did not respond to questions on whether he intended to hire an attorney or continue pursuing the lawsuit. He is seeking injunctive relief, daily penalties up to $100 per day, attorney fees and systemic reforms to prevent future public record violations.
Lawsuit lead-up
The city has been fighting what it considers misinformation ever since Blaine City Council approved large manufactured home parks in east Blaine in October 2023. The decision upset some opponents, who questioned how the city handled and researched their concerns on environmental, traffic and economic impacts.
Concerns from a handful of people snowballed after council’s decision, driving an uptick in city public records requests that city officials have estimated costing thousands of dollars. City officials said the requests took staff away from other work for the municipal government, which doesn’t have a designated records clerk and has been operating on a barebones budget since the pandemic.
In November 2023, council voted to approve the state’s recommendation on fees for copies of public records, which it had previously offered for free because of low demand. As provided in state law, viewing records remain free to the public.
City officials said earlier this month, before the lawsuit was filed, that the government remains overloaded with records requests. In an attempt to find relief, one of the city’s top priorities for this year’s legislative session was requesting state lawmakers explore changes to the public records act that kept transparency but provided additional support to small governments.
Due to pending litigation, city manager Mike Harmon declined to comment on the hearing or on whether the city was considering potential sanctions against Baker, as the court warned the plaintiff could be a possibility.
