Six women sue city of Bellingham and former Arne Hanna lifeguard, coach over voyeurism

Six women are suing the city of Bellingham and a former longtime city employee and Special Olympics coach after he admitted in 2016 to videotaping the women as they used a staff changing area at the Arne Hanna Aquatic Center, according to documents filed in Whatcom County Superior Court.

Five women filed a civil lawsuit seeking damages July 11 against the city of Bellingham and David Alan Frick. The lawsuit alleges that beginning in mid-2015 Frick, 55, of Lynden began recording other aquatic center employees while they used the staff locker room to change, according to court records.

The lawsuit states Frick’s alleged actions violated the women’s privacy, created a hostile work environment, constitute harassment, sexual harassment and caused intentional or negligent emotional distress, ultimately causing one employee to leave her job at the aquatic center.

The lawsuit further alleges that the city knew video voyeurism is a known risk at public pools and should have had a policy prohibiting the use of photographic or video devices, and that it had a duty to protect its employees. The city knew Frick was one of the only employees to consistently use a locker — the same one or close to every day — that he kept a lock on, and that he possessed a cellphone, the lawsuit alleges. During an investigation, detectives discovered that Frick used that locker to record his fellow coworkers, records state.

Both Frick and the city have until early August to file a response to the lawsuit.

One other woman filed a civil lawsuit April 2017 against the city and Frick seeking damages after it was discovered she was one of the employees who was recorded. A bench trial for that case is tentatively scheduled for 9:30 a.m. on Aug. 14.

Frick responded to that lawsuit with a handwritten note asserting his Fifth Amendment rights, so as not to self-incriminate, according to court records. He has not participated in any of the court proceedings that have taken place since then. Because of Frick’s lack of participation, Steve Chance, the woman’s attorney, is seeking to include at trial Frick’s statement made to police during his arrest where he admitted to recording the women, records show. The trial will determine whether the woman will be entitled to damages from Frick.

On March 9, the court dismissed the claims against the city in the woman’s lawsuit, saying that the city can’t be held liable for the intentional criminal actions of its employee because the criminal acts were not for the employer’s benefit and were outside the scope of employment, records show. Because of the dismissal, the woman can no longer seek damages from the city, but Chance said he intends to appeal the court’s decision once a final judgment is entered after the trial.

Frick began working for the aquatic center part-time in 1996 and became a full-time employee in 2007. He had worked as an aquatic instructor and lead lifeguard, according to court records. He resigned shortly after his arrest in August 2016.

In July 2016, Bellingham police received a tip about child pornography being uploaded to a website. After determining the IP address associated with the uploaded photo, detectives found the user had posted in various chat rooms associated with child pornography and incest, according to court records.

The IP address was tracked to Frick’s address in Lynden, the records state. In early August, detectives served a search warrant on Frick’s address and seized several electronic devices belonging to him that held hundreds of photos and videos of minors engaged in sexually explicit acts, records show.

At the time of the search warrant, Frick agreed to a police interview and admitted to possessing child pornography for a number of years, and stated he believed he had a problem, court records state. During the interview, Frick also admitted that over the past year he had set up his cellphone in the staff locker room at the Arne Hanna Aquatic Center with the intention of filming his coworkers while they were changing, according to court records.

Frick was arrested and charged with one count of possession of depictions of minors engaged in sexually explicit conduct, one count of first-degree dealing in depictions of minors engaged in sexually explicit conduct and four counts of voyeurism.

Frick is currently out of jail on $20,000 bail. His jury trial is tentatively scheduled for 9 a.m. on Aug. 27.