Port Angeles woman files tort claim against city

Trespassing decision upheld after appeal

PORT ANGELES — Lynn Ilon of Port Angeles has filed a tort claim against the city in the amount of $250,000 after she was trespassed from the Port Angeles Senior and Community Center last year.

Last May, center manager Carmen Geyer trespassed Ilon due to a series of events culminating in a confrontation regarding renewal of one of Ilon’s friend’s memberships.

An independent hearing examiner upheld the decision in the fall after Ilon appealed the decision.

“The city met its initial burden of proving a factual basis for issuance of the notice of trespass,” the decision read. “The appellant has not met her burden of proving that the trespass notice was invalid, so the notice of trespass is affirmed, and the appeal is denied.”

The incident began in 2023 when a group of seniors began questioning and challenging a policy that banned outside food and drink from the center’s cafe and lounge. Gary Martin, one of the more vocal members of the group, was issued a three-year trespass on Feb. 20, 2024, after multiple confrontations centered around the policy.

Ilon was issued a trespass notice a few months later after trying to renew Martin’s membership, based on that incident and previous confrontations.

In the hearing examiner’s decision, it noted disagreement between Geyer’s and Ilon’s recollection in two relevant incidents, the first one occurring on Feb. 21.

That day, Ilon brought Geyer a letter asking if Martin could join the next day’s political discussion group, which was meeting with NPR at the center.

In Geyer’s account, Ilon shoved the letter at Geyer and then followed her out the door, screaming.

However, Ilon told the hearing examiner that she asked Geyer multiple times to take the paper but did not yell or chase Geyer, and would not have been able to do so due to mobility issues.

The next incident occurred on May 7, when Ilon asked a front desk volunteer to renew Martin’s membership. Geyer, who was nearby, said that wouldn’t be possible.

The parties disagreed over what happened next. Ilon said she started to leave but heard Geyer say that Ilon was trying to sue the city. Ilon told Geyer and the volunteer that wasn’t true, and then Geyer asked her to leave.

Ilon said she then went to the second floor to retrieve some personal items and briefly spoke with a volunteer about unrelated issues before the police arrived, escorted her out of the building and issued a trespass notice.

However, Geyer said Ilon began yelling when Geyer denied the membership renewal. Geyer then asked Ilon to leave multiple times, but Ilon said no and went to the second floor.

Geyer then called her supervisor and was instructed to call the police. At that point, Geyer decided to issue a three-year trespass notice.

In a memo to city council last year, staff noted that “trespassing is considered to be a drastic measure, a last resort for dealing with recalcitrant issues, only to be taken in the most severe circumstances.”

After evaluating the claims, the hearing examiner found that the trespass was valid because Ilon failed to comply with instructions given by Geyer.

Part of the conditions of membership states that “members must comply with … all staff instructions. Failure to do so may result in temporary removal from the center, suspension or termination of membership.”

Although Ilon said she was confused as to whether she had to leave the building or just leave the front desk area, the hearing examiner wrote that “the evidence shows that she did not seek clarification as to the request and, instead, proceeded to the second floor of the Senior Center without explaining to Ms. Geyer that she had to retrieve personal items. On these facts, alone, the city has presented a sufficient factual basis for the issuance of the trespass notice letter.”

After an unsuccessful appeal, Ilon’s attorney sent the tort claim to the city on Jan. 31.

A city representative said they can’t speak about individual claims in process. However, Communications Coordinator Jessica Straits said the claim will be processed through the Washington Cities Insurance Authority, which will decide how to respond to the claim and appoint an attorney, if necessary.

The letter sent to the city stated that Ilon was trespassed on the basis of numerous false or unsupported assertions, the city ignored its own procedures in deciding to trespass her, she was not afforded procedural due process and the three-year duration is unconstitutional.

In the past two years, Geyer said she had trespassed four people, including Ilon, each for a three-year duration.

While Ilon said she hopes the tort claim will result in restoration of her membership, her bigger ask is that the city “fix the environment for seniors who might get caught up in this same environment again.”

Fixing the environment, she said, would include clarification on the role of the Senior Center Guiding Committee, a 501(c)(3) that appears to help guide policy at the center and was involved in the disagreement over the food policy.

“Do they have disciplinary responsibility? Do they have policy responsibility? And do they have enforcement responsibility?” Ilon said. “I would like to know what their role is and what their role is not.”

Ilon said she also hopes the city clarifies Geyer’s job and responsibilities and how that intersects with the role of the Senior Guiding Committee, including to whom one should turn if they disagree with Geyer on policies.

If the city indicates willingness to discuss these issues, Ilon said she would consider withdrawing the claim.

“As in the past, the city remains open to engaging in constructive discourse with Ms. Ilon and her attorney to facilitate her return to the Senior Center,” Straits wrote. “Most importantly, the city is committed to reviewing the Senior Center’s policies and user needs to ensure they are supportive of every user group at the facility.”

Ilon said if she doesn’t hear back from the city within 60 days, she would consider progressing to a lawsuit.

________

Reporter Emma Maple can be reached by email at emma.maple@peninsuladailynews.com.

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