Puyallup district wins sex lawsuit A Pierce County jury found Wednesday that the Emerald Ridge High School student newspaper did nothing wrong when it published names and comments of four students in stories that addressed the prevalence of oral sex among the school’s student body.
On a 10-2 vote, the jurors found that the defendant, the Puyallup School District, did not invade the privacy of the four students or negligently allow their names to be published in the February 2008 edition of the JagWire.
Because it was a civil case, only 10 votes were needed to decide the case.
Mikaela Bates, Kevin Weeks, Madison Freedle and Whitney Higgins each sought between $500,000 and $1.5 million in damages.
They claimed their reputations were ruined when the JagWire included their names and sexual histories in its edition about oral sex. They also claimed they talked to a reporter from the JagWire but never gave consent for their names to be used.
Ten jurors rejected those claims outright, said Michael Patterson, attorney for the school district.
“It was a total vindication for the school district,” he said. “The jury believed in freedom of expression.”
The district argued that student reporters did get consent before publishing the names and that the subject matter of the package of stories – which addressed sexual matters and health concerns associated with them – was an important topic not being addressed in any other way.
“There was a real sense among the jurors that this was a message that was relevant and important and that the students made a decision to run it,” said Patterson, who met with some of the jurors after the verdict.
It was an emotional case, pitting former friends against one another and district officials against some of their students.
Some of the plaintiffs and their supporters cried when the verdict was announced, and Emerald Ridge principal Brian Lowney wiped at his eyes at the defense table.
Plaintiffs’ attorney Jack Connelly said he and his clients were saddened by the verdict.
“They’re sad, but they’re glad they brought the case,” he said. “I’m very proud of these kids.”
He said some jurors told him that it was a close decision, but they thought his clients should have understood when they talked to a reporter that their names and comments might appear in the newspaper.
Testimony was spread over nearly four weeks. The jury deliberated for less than a day before reaching its verdict.
Lauren Smith, who was an editor for JagWire when the contentious story was published, said she was relieved.
“I’ve been in Puyallup School District since kindergarten; I’ve seen the great teachers and administration,” the 2008 Emerald Ridge graduate said. “If we lost the case, there would have been some huge (financial) ramifications.” Smith, who is a sophomore at the University of Washington, added that the lawsuit was difficult for all JagWire staff members. “Even after we went off to college, we still had this problem lingering back at home that we wanted to get resolved.”
Dallas Welker, a 2009 Emerald Ridge graduate, conducted the interviews with Bates, Weeks, Freedle and Higgins. She conceded that JagWire staff members should have obtained written permission from the four students but that “I believe 100 percent that they gave consent to what they were saying and knew exactly what was going into the publication.”
Newspaper adviser Kevin Smyth said that the two-year controversy affected him personally and professionally.
“You question yourself all the time: ‘Did I do the right thing?’” he said.
Smyth, who still serves as the JagWire’s adviser, added that he “kind of retreated into myself. … It was hard for me to walk down the hall and hold my head up.”
The notoriety of the case followed him to journalism conventions; when he studied at Kent State University in Ohio in the summer of 2009, the journalism graduate students had heard of the lawsuit.
Nevertheless, Smyth said, he has no regrets.
“I was the adviser; students make open decisions about the content,” he said. “I supported my students.”
In a news release, Superintendent Tony Apostle praised the ruling.
“The district has strong anti-harassment policies as well as a record of encouraging enterprising journalism by our high school students,” he wrote.
Welker hopes student reporters will continue to assert their First Amendment rights.
“If we want to build professional journalists, we need to treat them like that from a young age and give them the rights that all professional journalists have,” she said.
The plaintiffs and their families could not be reached for comment.
Joyce Chen: 253-597-8426
Adam Lynn: 253-597-8644
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