Kayak rental business sues Port of Kingston

July 02--KINGSTON -- A kayak rental business is taking its fight with the Port of Kingston to court, alleging in a lawsuit that the port violated its constitutional and civil rights in a dispute that ended in the business's eviction from the Kingston marina.

Filed Thursday in U.S. District Court in Tacoma, the lawsuit alleges that Kingston Adventures was kicked off a port-owned float in retaliation for criticism of port leaders and because she is a woman.

"This is the last thing I wanted to do," Kingston Adventures owner Beth Brewster said in a statement. Her business, she said, "is being taken away ... because I am a woman who has publicly questioned how our tax money is being spent by the port and other port decisions."

Port leaders have said the eviction was a simple matter of Kingston Adventures refusing to sign a commercial-use agreement required of all businesses leasing port property. The agreement requires businesses to carry insurance and hold the port harmless for any damages or injuries.

Port manager David Malone, who did not return calls for comment about the lawsuit, stated previously that Kingston Adventures has refused multiple offers to reconcile the issue.

Kingston Adventures attorney Dennis McGlothin said the agreement unfairly limits recourse if the port harms the business or breaches the lease.

According to McGlothin, the port's relationship with Brewster soured after she began questioning port operations, including whether marina security cameras were inoperative.

Another flare up happened during the spring when the port moved a float Kingston Adventures had been using to launch kayaks and paddleboards. The float, which is owned by the city of Poulsbo, was moved to comply with permits, meet safety standards and better serve Poulsbo's recreational sailing program, the port said.

The move stripped Kingston Adventures of about 70 percent of its business, including summer camps it hosts for children and guided kayak tours of Appletree Cove, Brewster said in May.

The eviction notice came a few weeks later.

Kingston Adventures continues to operate from its Main Street storefront, where it offers bicycle and snowshoe rentals. The storefront is not on port property.

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