KINGSTON — Kingston Adventures dropped its discrimination lawsuit against the Port of Kingston on March 31. The business is still appealing its eviction from the Kingston Marina.

Attorneys Carl J. Marquardt of Seattle and Christopher J. Kerley of Spokane filed the Stipulation for Voluntary Dismissal in U.S. District Court in Tacoma, stating that both sides had agreed to voluntarily dismiss the case “without prejudice to any party.”

“Without prejudice” means the lawsuit is dismissed as though it had never been filed. It also means it could be refiled at a later date.

Marquardt is the attorney for Kingston Adventures; Kerley represents the port district, port district manager David Malone and port commissioners Pete DeBoer, Walt Elliott and Bruce MacIntyre. Jury trial on the case, No. CV-14-05509-RBL, was scheduled to begin on Nov. 16.

Beth Brewster owns the kayaking and paddle-boarding business with her husband, Rob. She wrote on her Facebook page, SUP Port Equality, that she dropped the lawsuit so she could focus her finances and attorney’s time on fighting the eviction.

“We continue to maintain that the Port overstepped its bounds in requiring us to sign a Non-Disparagement clause – and agree not to criticize Port Commissioners or staff – in order to continue to operate our business.”

Brewster alleges that the Port of Kingston, its manager and commissioners discriminated against her when they evicted the business from the port’s small-watercraft storage facility and a floating dock.

Brewster alleges the eviction was retaliation for speaking out in public about port management practices. She also alleges her business was treated differently than other businesses at the marina because it is operated by a woman.

Brewster alleges the eviction was retaliation for speaking out in public about port management practices. She alleges her business was treated differently than other businesses at the marina because it is operated by a woman.

In its response, the port denies the allegations.

The port contends that it evicted Kingston Adventures because Brewster declined to sign a new business use agreement, required of commercial ventures that conduct business on port property.

Brewster contends the proposed agreement contained “irrational and wholly arbitrary provisions,” among them a non-disparagement provision that would have prohibited Brewster and her employees from “making negative comment” about the port privately, publicly or on social media.

The port denies that its proposed business use agreement contained “irrational and wholly arbitrary provisions.” But in its response to the lawsuit’s allegations, the port stated “because of Plaintiff’s posting of numerous false and misleading statements on websites, in printed documents and by word of mouth, and resulting damage or threatened damage to the reputation of the Port, its Commissioners and staff, a non-disparagement provision was added” to the proposed agreement.

Malone said on March 24 the non-disparagement provision applied to the port as well. It was proposed that “both sides would not speak ill of each other. Unfortunately, we were never able to come to agreement on any of the proposals,” he said.

Regarding the floating dock Brewster used: She claims the port gave her permission to launch her watercraft from the float; the port denies that, saying the small float and a larger float are owned by the City of Poulsbo. The city operated its summer sailing program from the floats and, according to port documents, paid moorage when the floats were in use.

In spring 2014, the port moved the smaller float, saying it posed a risk to boat movement in the marina fairway. Brewster contended the relocation, which made it more difficult for her to launch, was intentional. She also disputes that the city owns the floats.

Poulsbo Parks and Recreation Director Mary McCluskey said the city does not have legal documentation attesting to ownership because the floats weren’t purchased. She said the city was asked in 1995 to take over a sailing program operated by a local resident, and the floats were donated to Poulsbo at that time.

Kitsap County Superior Court Judge Jennifer Forbes upheld the eviction on Aug. 1. Brewster filed an appeal in the state Court of Appeals, District II, on Aug. 5. Briefs were filed by Brewster and the port on Feb. 9 and March 11. The appeal, case No. 465710, is expected to be heard later this year. Meanwhile, Brewster is allowed to store kayaks and paddleboards at the port’s small-watercraft storage facility while her eviction is under appeal.