Port Wentworth insurer asks to deny coverage in ‘upskirt’ case

Aug. 30--Port Wentworth city officials and others named in a lawsuit filed by a city council member may soon find themselves without liability coverage for any possible damages.

The Georgia Interlocal Risk Management Agency (GIRMA), an insurer for municipal governments in the state, filed a complaint Aug. 1 on the issue in Chatham County Superior Court asking for a declaratory judgment.

Port Wentworth Council Member Debbie Johnson filed suit against the city of Port Wentworth, several now-former city elected officials, a current council member and a city resident over an "upskirt" photo taken of Johnson in 2015 and spread on social media.

The Johnson complaint filed in State Court in July 2017 seeks damages for several causes of action, including defamation, invasion of privacy and infliction of emotional pain.

Details of the upskirt photo were made public through an investigation by the Chatham County Sheriff's Office Internal Affairs Unit in late summer of 2016. The investigation was prompted when Johnson filed a complaint with the city claiming racial discrimination and sexual harassment. Port Wentworth Police turned the investigation over to Chatham County.

Billy Freeman, commander of the Internal Affairs Unit, wrote at the end of the investigation he had no choice but to accept the District Attorney's recommendation that the evidence did not meet "criteria required by the state to prosecute." The issue in the case involved the fact that Johnson said she was wearing underwear when the photo was taken. At the time of the photo, Georgia's definition of nudity for the purpose of electronic transmissions included a statement for the photos transmitted to be a violation they be of the genital, pubic area or buttocks "..without any covering or with less than a full opaque covering.."

The Chatham investigation showed that Ernie Stanhope, then a council member, took the picture during a closed session of the city council in 2015. He later sent the photo to Port Wentworth resident Eric Steely, who posted the photo online with a caption stating Johnson was not wearing underwear.

The photo made the rounds in the city, with Stanhope sending it to then mayor Glenn "Pig" Jones and passing it on to other council members.

Johnson contends in her lawsuit that city officials knew about the photo and should have alerted her. Johnson also said city officials were acting on behalf of the city, making the city liable for their actions.

GIRMA, in their complaint, asks the court to declare that GIRMA can legally deny coverage to individual defendants in the case: Jones, current councilman Bill Herrin, former council members Stanhope, Tim Holbrook, Judd Bowers and Barbara Powers. They were all in office in 2015 when the photo was taken.

GIRMA also states in the complaint that their coverage agreement with the city excludes coverage to any claim brought by one member (Johnson) against another member (city officials). GIRMA said the coverage agreement also excludes payment for punitive or exemplary damages. Johnson is seeking punitive damages.

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