Republican candidate Michelle Caldier is seeking “immediate dismissal” of Democrat State Rep. Larry Seaquist’s libel lawsuit filed Oct. 20 in Kitsap County Superior Court.
She calls the lawsuit “frivolous.”
Caldier is opposing Seaquist for the Position 2 state representative’s seat in the 26th District.
Caldier’s attorney, Ambika Kumar Doran of Davis Wright Tremaine, sent a letter Oct. 27 to Seaquist’s attorney, Anthony Otto, of Port Orchard. In the letter, Seaquist (D-Gig Harbor) was notified that his actions were in violation of the Washington Act Limiting Strategic Lawsuits Against Public Participation (SLAPP).
“The Washington Court of Appeals has already found the statute applies to statements during a campaign, recognizing that, ‘The right to speak on political matters is the quintessential subject of our constitutional protections of the right of free speech,” wrote Matthew Hayward, Caldier’s campaign manager.
If Caldier’s anti-SLAPP motion is granted, Seaquist will be liable for Caldier’s attorneys fees, costs and will be assessed $10,000 in damages.
“Mr. Seaquist is clearly in violation of this statute, which was enacted to protect the public from frivolous lawsuits that undermine public process and free speech,” Caldier said in a news release. “Ironically, Mr. Seaquist was a supporter of this legislation and voted in support of its passage in 2010.”
Seaquist and his attorney were notified in the letter that unless their lawsuit was withdrawn by Oct. 31, Caldier’s attorney would seek a SLAPP motion and full restitution for fees and costs, along with the prescribed $10,000 in damages levied on Seaquist.
In the letter, Doran wrote, “Caldier is extremely distressed at having been sued by Rep. Seaquist in what appears to be a carefully timed campaign tactic.”
“False light claims require, among other things, a showing of falsity and knowledge of, or reckless disregard for that falsity,” the attorney wrote. “Rep. Seaquist does not adequately allege nor could he prove either of these elements. First, the claim is deficient because Rep. Seaquist cannot show that Ms. Caldier’s statement that he was ‘caught secretly photographing (her) invading her privacy.’ ”
Seaquist files lawsuit
Seaquist and his wife, Carla, filed a libel lawsuit Oct. 20. In the lawsuit, Seaquist stated a television ad and Internet website supported by Caldier, makes him look “lecherous” taking photos of Caldier.
According to the lawsuit, Seaquist stated he took a photograph of Caldier’s car with his cellphone. The photograph is described as a wide-angle shot showing the car, street and buildings on both sides of the street. Caldier got out of her vehicle to ask Seaquist if he took a photograph. He said he had.
Caldier’s TV advertisement uses the words “caught secretly,” which Seaquist contends makes it appear he was apprehended while photographing his opponent privately, according to court documents.
Seaquist claims that an image of him used in one of Caldier’s TV advertisements and other printed materials was altered or photo-shopped. The image is of Seaquist hunched over holding a camera with a gray turned up collar. Seaquist stated the photograph is “something salacious with lecherous intent,” according to the lawsuit.
It all stems from an Aug. 29 incident after the two candidates left an interview in downtown Bremerton. Four days later, Caldier posted on her Facebook page that Seaquist was taking pictures of her as she got into her car.
“Wow … I felt like I was being stalked,” Caldier wrote on her Facebook page.
He said that the posting “was not true.” Seaquist claims after the two candidates went to their cars parked on Fifth Street, he sat down in his vehicle and was looking at his phone catching up with my emails, then he noticed that Caldier got into a white convertible.
Seaquist said he was taking photos of Caldier’s car because it was a hard-top convertible that folds into the trunk.
Caldier said she filed a report Sept. 5 with the Bremerton Police Department.
Seaquist, a 76-year-old retired U.S. Navy officer, has been in the Legislature since 2006. Caldier, 38, a dentist from Port Orchard, is seeking election to public office for the first time. Seaquist edged Caldier by two points in the August primary.
