News - Local News

POSTED: Saturday, Jun. 20, 2009

Bellingham to pay peace activist after trespass cases

BELLINGHAM - A local peace activist who was once trespassed for life from the Federal Building will receive $10,500 from the city, according to a settlement agreement.

Ellen Murphy, 72, also will get to review planned changes to Bellingham Police Department trespass forms and procedures along with her attorney, and the city and Murphy are working to coordinate a forum to discuss activism and law enforcement issues, according to settlement documents.

The information was made public after the Whatcom Dispute Resolution Center issued a news release about the agreement. The center facilitated mediation between the city and Murphy, according to the release.

Because the claim is greater than $5,000 but less than $15,000, City Council members do not have to approve the agreement, which releases the city from liability on the issue. Mayor Dan Pike has already approved it, said Assistant City Attorney Peter Ruffato.

Murphy is a well-known for protesting various causes, especially the Iraq War, and for her 2003 trial for handing out pamphlets about depleted uranium.

The settlement stems from a string of events that began in October 2006 when Murphy and other peace activists demonstrated at U.S. Rep. Rick Larsen's office at the downtown Bellingham building.

Murphy and others demanded an audience with the Everett Democrat to discuss his stance on the war in Iraq. They were rebuffed by staff member Luke Loeffler, who eventually called police and asked that Murphy be removed from the building, according to police reports.

The trespass order stated that Murphy was not to enter the suite in the building where Larsen's office was located. She was arrested again Oct. 20 and "trespassed for life" for violating the terms of the order, but Murphy was surprised because she wasn't in the specific suite. Staff members had locked the door.

The trespass order was lifted in early 2007, but Murphy was convicted by a Municipal Court jury and sentenced to 30 days in jail and fined $1,000, although the punishment was suspended by Judge Debra Lev. Murphy also was ordered to serve 40 hours of community service and to pay $43 in court costs. At the time, her attorney, Joe Pemberton, heralded the outcome as a victory.

A year after the initial incidents, Pemberton filed a $76,000 claim for damages with the city on behalf of Murphy, alleging she suffered emotional issues because of her arrest, and contending her arrest was illegal.

Murphy initially intended to file a federal lawsuit if her claim were denied, but the city suggested mediation by the Dispute Resolution Center.

City officials and Pemberton are calling the settlement a positive collaboration, and were quick to say they didn't want to revisit issues of the trespass or the claim for damages.

"To say that we are pleased with the outcome is an understatement," Pemberton said. "In the process both Ellen and the city of Bellingham can look back on a successful mediation in which the parties retained mutual respect and listened to each other."

Details of the agreement still are being worked out.

City attorney Ruffato and Pemberton both said they're unsure about the format for the forum in which, according to the settlement, "the community can come together to hear the perspectives of the peace and justice community and law enforcement." Nor do they know whether the forum will be a public or private event.

Details also remain murky on a portion of the agreement that says the parties will "work to enable Ellen Murphy to finish reading the names" of dead American soldiers, which she had been reciting at Larsen's office.

Pemberton said Larsen was not involved in the mediation talks or the trespass orders.

"I think there's no question that we were more than simply surprised that Congressman Larsen refused to participate," he said.

Amanda Mahnke, Larsen's communications director, said "we respectfully decline to comment."