WALLA WALLA — A Dayton resident is suing the city of Dayton and City Council member Laura Aukerman, claiming that Aukerman violated public records and free speech laws when she blocked citizens from viewing a Facebook page associated with her public role and then deleted the page without keeping the records.
Dayton resident Theresa Eier filed the civil lawsuit Monday, Nov. 27, in Walla Walla County Superior Court.
The defendants have 20 days to respond to the action, and no response was filed with the court as of Friday, Dec. 1.
Aukerman did not respond to an interview request sent to her city email address Friday. Mayor Zac Weatherford, contacted for comment on behalf of the city, also did not respond by deadline.
The complaint
Eier is described in the complaint as a vocal citizen who disagreed publicly with Aukerman’s decisions as a council member, frequently commenting on posts Aukerman made on the Facebook account.
She said she was blocked from viewing Aukerman’s account around Oct. 11, 2022, after Aukerman posted about blocking three other individuals from viewing her page, the complaint said.
Eier responded to the post to say Aukerman’s account met the definition of a government account and that blocking vocal opponents was a constitutional violation, the complaint said, and Eier was then blocked.
The account was called “Laura Aukerman For Dayton City Council” and later “Laura Aukerman Dayton City Council,” and Aukerman used it for city business, including posting meeting information and asking for feedback from constituents, according to the complaint.
Eier, through a private investigator, then requested records associated with the account, including posts, chat messages, friend lists and blocked members, around Nov. 10, 2022, the complaint said.
Eier said the request was not fulfilled. She alleges in the complaint that Aukerman deleted the account without keeping the records.
Eier alleges that Aukerman and the city did not conduct an adequate search for the records or provide a specific reason for withholding the records, in violation of the state’s Public Records Act.
She also alleges that Aukerman violated her rights to free speech, citing the First and Fourteenth amendments, and said the city had a custom of violating free speech rights of citizens on social media and failed to correct or prevent the harm or adopt a clear social media policy.
Eier said in an email that though the alleged violations took place in Columbia County, the lawsuit was filed in the neighboring Walla Walla County to avoid conflicts of interest and small-town bias.
Seeking relief
As for relief, Eier asked the court to grant the records requested under the Public Records Act and enforce statutory penalties of up to $100 per day per page for any documents wrongfully withheld.
She also asked for compensatory damages for the alleged free speech violations and attorney fees for all claims. Eier is represented by Walla Walla attorney Janelle Carman-Wagner in the action.
