The American Civil Liberties Union (ACLU) of Washington filed a lawsuit in Snohomish County Superior Court Nov. 15 on behalf of 54-year-old Shirley Scheier, an associate professor of fine art at the UW, seeking compensation for an alleged wrongful detention during an incident more than two years ago.

The incident happened Oct. 17, 2005. Scheier wanted to take photos of high voltage power lines without the tall buildings of Seattle obscuring the view, so she drove to a Bonneville Power Administration compound in Snohomish.

"I was photographing on public property, right within city limits in plain view of everyone," Scheier said. "I couldn't have been there longer than an hour and a half."

On the return trip to Seattle on State Highway 9, Snohomish police pulled her over, she said. She assumed it was a routine traffic stop.

"Immediately, the officer began questioning me about taking photographs," she said. "I was really surprised because I had no idea anybody was watching me or that anybody wanted to talk to me about it."

Scheier was handcuffed and frisked, questioned further by the same officer and two others who arrived on the scene, and detained in the back of a squad car for 44 minutes while officers searched her car with her permission.

Upon her release officers told her the FBI would probably contact her at work sometime in the future, she said. This never happened.

"Their reaction was completely out of proportion with someone walking down the street taking pictures of power lines," Scheier said. "There's nothing dangerous about a camera."

David Gomez, assistant special agent in charge of the FBI in Seattle, said the police may have acted appropriately, though he admits to not knowing the details of this specific incident.

"As long as an officer can articulate in court at a later date why there was reasonable suspicion and cause to detain or handcuff that person, they have a right to do it," he said. "It may be that they felt threatened or believed the person posed a threat to others. The discretion an officer uses to decide whether or not an individual is acting suspiciously and if its necessary to detain them is based on their training and experience. Society pays them to decide."

After speaking with friends about the incident and hearing similar stories from other artists, Scheier decided something needed to be done.

"I realized I needed to contact my legislative representatives about this," she said. "Through conversation with them, I decided I needed to go to the ACLU with my story."

The ACLU took interest in the case and has played prosecution in similar cases in the past.

"It's one of several instances we've seen of someone being harassed by law enforcement for taking pictures in public, and doing so legally," said Doug Honig, spokesman for ACLU in Seattle. "Certainly we all have to be concerned about security, but it's wrong to presume someone with a camera in public, out in the open, should be considered suspicious."

Before this lawsuit, Scheier, backed by the ACLU, had filed a claim for damages with the City of Snohomish's insurance provider, Washington Cities Insurance Authority (WCIA).

In a letter written Sept. 24, 2007 to Venkat Balabrasumani, one of the ACLU attorneys representing Scheier, WCIA rejected the claim, stating: "We have thoroughly reviewed this matter and fail to find liability on behalf of the officers or the City of Snohomish."

The letter recounts details regarding Oct. 17 that differ from Scheier's account.

Scheier said she had no idea she was being watched while taking pictures, nor that anybody wanted to speak with her about it; according to the letter: "She left quickly when she was approached by BPA on-site security."

She said the police pulled her over while she was already headed home on State Highway 9; according to the letter: "In response to a 911 call, the Snohomish Police located your client parked on Highway 9 on the opposite side of the complex from where the original report initiated, in proximity to a service drive that abuts the site fencing. Upon approach of police officers, your client left almost immediately, heading southbound on Highway 9."

The letter also mentioned maps found on the passenger seat of Scheier's car which had locations circled, including Sea-Tac Airport, the Westin Hotel and an area just north of Seattle Center.

Scheier contested that the maps had been in her glove box, and expecting a routine traffic stop, she had opened the compartment to retrieve her registration when an officer spotted them.

It will now come down to the Snohomish County Superior Court to consider conflicting accounts.

Scheier said she is bringing suit not solely for herself.

"I'm a teacher, and I encourage my students to engage in original research and to go to sites and collect data in the form of photos," she said. "I would really hate to think of any students of mine being treated by law enforcement the way I was treated."

Snohomish City Manager Larry Bauman would not comment on the lawsuit, citing that the city had not yet been served with litigation by the ACLU

[Reach reporter Camden Swita at news@thedaily.washington.edu.]