Internal communications between the Port Townsend City Manager, police and the Food Co-op reveal a coordinated effort to use police to suppress dissent. The communications, uncovered through a public records request submitted by Rachelle Merle and shared with Port Townsend Free Press, reveal that she was arrested and is being prosecuted, regardless of the merits of her case, to deter other protests against the county’s and governor’s masking mandates.
Merle was arrested April 5, 2021 in response to a call to the Port Townsend police from the management of the Food Co-op. Merle had been shopping without wearing a mask and had insisted that as a co-owner of the Co-op (she is a member) she had the right to be in the store to shop for her family. Her actions were a protest against the Co-op’s rules, which she and others contend are fanatical, not science-based and make no exceptions for members who cannot or will not cover their faces. Merle and others have contended that other retail establishments are far more accommodating.
As Ana Wolpin, the first general manager of the Co-op and a past director later wrote the chief of police, Merle’s actions were an attempt “to initiate a long-overdue conversation that the Co-op board and management should be having with its member-owners.” See: The Arrest of Rachelle Merle, PTFP, 5/1/21.
In response to this effort by one of its co-owners to initiate that conversation and challenge Co-op policy, Co-op management called in police. Merle was handcuffed, led out of the store and has been charged with second degree trespassing. If convicted she faces a penalty of up to 90 days in jail and/or a $1,000 fine.
The Co-op has denied that it is pressing charges and has insisted that the decision to prosecute Mrs. Merle is out of its hands and driven exclusively by law enforcement. As I’ve explained previously, that denial strains credulity. A trespassing prosecution requires the co-operation of the property owner (which, in this case, oddly includes Merle herself). Recently received communications further undermine the Co-op’s implausible denial.
In a May 27, 2021 email to the Port Townsend Free Press, the Co-op’s secretary, Claire Thomas, stated, “the policy of the store is to call the police when someone breaks the rules of the store.” Breaks the rules. Not commits a crime. The Co-op’s various rules are not criminal statutes, yet the Co-op admits it will use police to enforce those rules.
In one of the emails Kenna Eaton, the Co-op’s general manager, thanked the then acting chief of police for having “helped us trespass an unmasked person.” Eaton omits the fact that this person is one of the Co-op’s co-owners. A substantial issue exists as to how Merle could be trespassed from property she owns. I’ve written about that significant legal defense to Mrs. Merle’s charges and the fact that Eaton violated the Co-op’s By-laws and Articles of Incorporation by stripping Mrs. Merle’s ownership rights without honoring the protections required by the very documents that created the Co-op.
Eaton added, “As you are now likely aware, it was staged to make us look bad.” Merle sought to initiate a change in Co-op policy, or at least open dialogue. The Co-op claims to and encourages its member-owners to “treat disagreements as a chance to see things from someone else’s point of view and an opportunity to learn.”
Instead, Eaton called in men with guns. She had other options, options taken by other merchants who have unmasked people entering their premises. The most obvious and appropriate option for the general manager may have been to (1) recognize that Merle is an owner who cannot be “trespassed” from her own property, (2) let Merle finish her shopping, then (3) ask the Board to initiate the procedures the By-laws and Articles of Incorporation state are the only way to strip from a member-owner of their rights to use the store.
Mrs. Merle remains a co-owner of the Co-op. But the trespass order obtained by Eaton with the help of the PT police orders her to stay off her own property for the period of a year, with the admonition that she will be arrested if she steps onto the property during that time.
A Coordinated Campaign to Suppress Dissent
Merle is being prosecuted, despite the legal fallacy of the charges against her, in order to suppress other acts of protest. Based on emails obtained by Mrs. Merle, it appears that Dr. Thomas Locke, Jefferson County Public Health Officer, and John Mauro, Port Townsend’s City Manager, are the driving forces behind using the police to deter and punish dissent.
The emails shared by Mrs. Merle show that following her arrest, a decision was made by Locke, Mauro and the police to encourage business owners to call in police if they were faced by any protests of Locke’s edicts. In an email from Mauro to Troy Surber, then acting chief of police, Mauro wrote, “In Dr. Locke’s words, while it’s probably annoying that this may be happening more regularly, he thinks it’s useful for the community to see how law enforcement appropriately responds to these criminal acts in the name of protest.”
The next day, April 8, Mauro emailed Vicki Kirkpatrick, Director of Jefferson County Public Health. He wrote that the acting chief would contact PT Main Street to encourage store owners to “hone their response to similar events, including quickly triggering a trespass.” Once a trespass “was triggered,” police could make an arrest.
Mauro, in an April 7 email, revealed how he also sought to get the Jefferson County Sheriff to adopt the same “trigger trespass” approach to unmasked persons.
Former Acting Chief Surber, in the back-and-forth on adopting a policy to suppress and deter protest against the masking mandate, seems to have recognized the difficulty in using a trespass charge for a protest at the Co-op by a member owner. Apparently, the Saturday before Merle’s protest there had been another expression of protest at another business at or near the Tyler Street Plaza, where weekly protests against the mask mandate had been taking place. While some businesses have welcomed and encouraged the unmasked musicians and protestors, other businesses and their employees have not been pleased. Surber wrote about both incidents, “Unfortunately we need to be careful about how we address the issue for two reason[s], public space and different trespassing rules, and first amendment concerns. These folks want us to respond with a mask ticket, as their goal is to push this issue. It differs from the Co-op as we can go to a trespass immediately and no need to address the mask issue.” He added, “There isn’t an easy solution to this issue and being an unpleasant person isn’t a crime.”
So far, no arrests of mask protestors in any outdoor public space have occurred. Those protests have continued downtown, and also outside the Co-op and at the Farmer’s Market. The “issue” of a “mask ticket,” referred to by Surber, concerns arresting someone for violating the Governor’s mask mandate, which he purported to make a gross misdemeanor, punishable by up to a year in jail. “The issue” is whether the Governor can create a new crime that would imprison a citizen. To my knowledge, there has been no prosecution for violating the Governor’s unilaterally-declared new crime.
More and more research, as reported on this site and elsewhere, shows that mask mandates have made no difference in transmission rates. Texas, where the state was reopened fully and the mask mandate lifted, has been doing better than states maintaining lockdowns and masking mandates. Research, such as the well known Stanford study, confirms that masks are ineffective and create serious health hazards for the wearer. Anecdotal evidence is mounting, including reports of schoolchildren in Port Townsend passing out.
Developments in Merle’s Case
Mrs. Merle reports that she recently received a donation of $5,000 to her legal defense fund. The donation came from a local business owner and a now-former Food Co-op member. Merle’s trial is set for July 1, but rescheduling may be sought by her attorney.
The “All Are Welcome” sign that once hung proudly above the Co-op’s door is gone. The sign in the photo at the head of this article was subsequently seen outside the main entrance.
On an interesting side note, staff in the county prosecutor’s office don’t wear masks. In the course of settling my First Amendment lawsuit against Jefferson County I was twice admitted to the entrance to the prosecutor’s office. I could clearly see that staff were not wearing masks and only put one on when they approached me. They didn’t need to do that, as far I was concerned. I don’t mean to get anyone in trouble, as I think the mask mandate should be lifted or widely ignored. But the office that is prosecuting Mrs. Merle should at least observe the same masking mandate that is the premise for punishing her.
Related from Port Townsend Free Press: Masks Don’t Stop Viruses: The Latest Research
Jim Scarantino was the editor and founder of Port Townsend Free Press. He is happy in his new role as just a contributor writing on topics of concern to him. He spent the first 25 years of his professional life as a trial attorney, then launched an online investigative news website that broke several national stories. He is also the author of three crime novels. He resides in Jefferson County. See our “About” page for more information.
I continue to be grateful of Port Townsend Free Press in keeping the spotlight on our local government activities. “Sunlight is the best disinfectant”, is it not?
In general, I support the subject matter discussed in this forum, however, in this case I don’t. Knowing that people have challenged the mandate, and not the put their employees and other customers in harms way, I can understand why the Co-op would ask for police enforcement. Merle made it known of her intentions prior to entering the establishment fully aware a confrontation would develop. Other co-owners (members), my family included, put a mask on when we enter, out of respect for the other shoppers, employees and the regulations. Is her punishment justified? That’s up for the courts to decide. If you want to support something you believe in, you might need to reevaluate whether you are able to accept the consequences of your actions, if any. I know many may take offense at my comments, but this is where I stand.
Yeah im done with the coop too, it used to be about good organic food. The attitude there is really stuffy and politically motivated, not a fun chill place to get good food anymore. For all the money they make they should train their cashiers better almost every time they overcharge me, definitely a bad spirit in there…ive been a member my whole life….trust pay attention to your receipts your being overcharged…I support freedom and standing up for your rights
Totalitarian intent and methods are to be expected from local leftists; they mimic the temporary and alleged leftist “administration” in DC.
Thanks for keeping us updated, Jim.
Hi Jim,
I have a feeling you’re being extorted by Mark Zuckerberg. Mind control AI will unlock the portal.
Mind control AI
Yes it is, done with food co op
Totally done with food co-op,, totally unnecessary!
We have heard of Racial Profiling where police are more inclined to profile or suspect a person of color over someone else. We are now dealing with something as discriminatory and one sided. As most know, a healthy, non symptomatic person can not spread Covid 19 when either wearing or not wearing a mask. We also know that cloth masks cannot stop the transmission of Covid 19 from a symptomatic person. Further more, vaccinated folks can spread the virus and that is proven scientifically and statistically.
So what are our politicians, police and some businesses doing? To me, they are using masks as a heinous form of VIRTUE PROFILING. Criminal profiling, of any variety, violates our basic human rights of equality in the eyes the law, our constitution and our creator. Freedom is something we are born with. It is NOT given to us by government. Police officers, please uphold the mandates of your oath, and side with the people you serve not the Port Townsend City Manager who seems ruled by a Virtue Signaling Public Health medical board. Police officers serve both the masked, the unmasked, the vaccinated, the unvaccinated, and folks of various skin color.
Hope everyone involved eventually directs their outrage at the people responsible for our local medical dictatorship – the Jefferson County Board of County Commissioners. They are responsible for the local Board of Health and County Public Health Officer. Washington State RCWs give these officials the power to punish any resident who disobeys their edicts.
The police work for the Port Townsend city government and may be required to enforce these edicts as a condition of their employment. Elected sheriffs may have more discretion.
Local health officer –Powers and duties
https://app.leg.wa.gov/rcw/default.aspx?cite=70.05.070
Looking at this from another scenario, what if some people gave the homeless people the money to join the Co-Op where they would be hauled off to jail to get free medical, food, a warm place to stay for 90 days and would have a bed to sleep in. Just how many people can be housed in the jail? I know if I came upon harder times I’d walk in sans mask and I’m a member. How many more members would do that as a supporting protest? It’s time for people to wake up to the sorry state of our politicians who would be kings. I would hope the Sheriff’s department keeps doing the job they do and tell the politicians NO. It’s just a thought and maybe another reader could expand or modify it to bring more pressure on this act of politics run amok.
This article makes several assumptions and statements that are not true. First, that a member of a co-op may break co-op rules whenever they’d like because they are part owner. This has never been the case and this should be obvious. Second, that a person who breaks the rules of the co-op cannot be removed because they are technically part owners. Also obviously un-true. If you steal or strip naked would a co-op member be allowed to stay on site just because they’re members? Ridiculous. Just because you don’t agree with the rules doesn’t mean you can ignore them.
Besides this, the article states that Texas has no mask mandate and has no related increase in Covid cases. This is factually incorrect. Here, I googled this in 10 seconds: https://www.texastribune.org/2021/08/10/coronavirus-texas-hospitals-icu-beds/
The article also states that masks don’t work and sites a study from Stanford that doesn’t exist (check the actual link in the article). Instead let’s see what the Mayo Clinic says about masks. I understand they’re actual doctors and scientists: https://www.mayoclinic.org/diseases-conditions/coronavirus/in-depth/coronavirus-mask/art-20485449
Further, the article states anecdotal evidence of children passing out from wearing masks. Which is exactly what it says, anecdotal evidence, which is simply hearsay and not effective or useful in any way. What children? Who exactly passed out? In what situation? Did any children even actually pass out?
You claim to represent differing ideas, but spouting obvious nonsense is not the same thing. If you have actual data and science that you feel will improve people’s lives, then please share.
Great post, James. I just did exactly what you suggested and followed a couple of links – in your post and in the original post. Sure enough – no Stanford study and sure enough – Texas Covid cases at the highest rate ever and ICU beds nearly full. I struggle with the fact that The Free Press puts out stories with factual inconsistencies and then doesn’t revisit the story to address the comments that expose the inconsistencies. Kinda makes me question the legitimacy of ALL of its reporting. And, BTW, I too am an owner of the Co-op and I disagree with refusing to wear a mask in order to assert owner’s rights – so I guess it’s a draw now – one in favor and one opposed.
Mr.Moore: I don’t know what you mean by “no Stanford study.” The article about the Stanford study on the ineffectiveness of masks is linked in the article, and the link works. Texas, at the time of the article, was not faring any worse than tightly locked down states with the strictest masking mandates. That continues to be the case. Indeed, if one compares the CDC’s “high transmission” mapping of Texas, it appears to be doing better than Washington and Oregon, both of which are solidly red, for “high transmission rate.” Texas has a dozen counties either in low transmission status or not in high transmission status. But the high transmission statues is prevalent in the entire country, regardless of masking mandates. The statement regarding the comparative standing of Texas was accurate at the time the article was written, and seems to continue to be accurate today.
Great reply James. We live in a world where people don’t want to be inconvenienced for any reason, and are willing to scour the internet in defense of their opinions. The idea that facts have been replaced by opinions is inane.