WSDOT's Viaduct Whopper

By Josh Feit, Monday, December 21, 2009 at 11:44 AM
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As long as we’re in editorial mode today (go for it ECB), I have to put my two cents in about another matter: The suspect line that’s being peddled by the Washington Department of Transportation that—when they released the alarming viaduct video in the week before the mayoral election—they were simply honoring a public records request.

I’m now officially giving that line “Whopper of the Year.” Again: In response to the accusation that they were moving politically against Mayoral candidate Mike McGinn (which is illegal for a state agency) when they released the video, WSDOT has said they were simply responding to a public records request.

That line is credulously repeated in today’s Seattle Times article (otherwise a good investigative piece that adds onto Erica’s scoop from a few weeks ago documenting the state’s anxiety about—and efforts to counteract—McGinn during the campaign.)

From today’s Seattle Times (bold is mine):

As the campaign remained tight, the state released a computer-generated video made in 2007 that shows large parts of the double-deck viaduct collapsing and crushing cars caught under it.

The video had not been released previously because state officials thought it was too sensational, but it aired on KING-TV on Oct. 25.

McGinn immediately questioned the timing — nine days before the general election.

But Judd and Hammond said the release was in response to a public-disclosure request from an anti-tunnel activist, Elizabeth Campbell.

For the record: Agencies do not make public disclosure requests available to the whole world on their web sites or by releasing the findings to random TV stations. They release the findings to the person or group who made the request.

Perfect example, two weeks before they released the viaduct video to the whole world, they quietly released the results of a different public records request (re: their collaboration with the pro-tunnel Discovery Institute) to the activist group that made the request, Seattle Citizens Against the Tunnel. That request only got attention because Erica found out about it and published an article about it.

I, and every other reporter in town who’s ever done a public records request, knows WSDOT’s explanation is laughable. Yet the line keeps getting repeated (as it is in today’s Seattle Times article) without being questioned.

We’ve questioned it in editorial asides, but it’s time to question this outright whopper in bold: Why was this public records request different from all other public records requests? And why is everyone accepting this excuse?

I have asked WSDOT for an explanation.

The ethics department at the state Attorney General’s office is currently looking into an ethics complaint filed by activist Elizabeth Campbell that the state tried to influence the outcome of Seattle’s mayor’s race.

UPDATE: WSDOT spokesman Lloyd Brown says the “inflammatory” nature of the video made it a “special case.”

Explaining why they put the video on their web site (he couldn’t think of any other examples where they’d treated a public disclosure request this way) he says: “We were looking for an opportunity to explain the document in a way the public would understand what was in the video.”

Brown couldn’t cite any formal WSDOT policy, however, that identifies which public disclosure requests are special cases and which are not. He says WSDOT initially tried to give the video to the Seattle Times, but WSDOT didn’t hear back. KING 5 got wind of this and got the video for themselves.

  • @23, to protect the public image of their approved project, that was being described by some with made up numbers for every man, woman, and child, in Seattle.

    I have to wonder if the media not blindly repeated every thing McGinn pulled out of his ass would the state have to work to provide its own information about its project.

    The story is that the state worked to protect its project, a project you, the Strangler, and Cambell don't like. Wow, what a shock.

    Now you are casting this "story" in more than what it is.
    I guess the Seattle Weekly did not get the hyperbole memo.
    http://blogs.seattleweekly.com/dailyweekly/2009...
  • J.R.
    Josh, the Times article certainly makes clear that the Gov's staff was unhappy with McGinn's campaign against the tunnel, that they griped about it internally, and that the issue was probably the major reason Gregoire endorsed Mallahan. However, none of that is illegal. Releasing a video that is public record isn't illegal either.

    The downside of running a website frequented by political insiders is that your professional readers realize that Gregoire's folks are going to get away with all this (probably) without even an official slap on the hand, so they're not that interested. The activist readers are foaming at the mouth along with you, if that makes you feel any better.
  • @22,

    The question is about the "so they decided" part, Spink.

    Why did they decide to change SOP in this one particular case.

    Again: Agencies to do not release PDRs to the general public. They release them to the person that makes the request.
  • spink
    No fire with this smoke. WSDOT had to release the video to Campbell regardless, so they decided to post it on a public website before they did that. Big deal.
  • Lisa
    @19

    The problem is not about the Viaduct replacement issue, the story here is a state government agency trying to manipulate a city's election for their ends.

    Do you not see that?
  • Mikos
    Stinky--

    You totally miss the point. Why would a public agency veer from normal operating procedure? You haven't answered that question. It's not about the public release of information. It's that the information was not released to the requesting person or organization. That is not typical. In fact, I've never heard of it before. If WashDOT was trying to sandbag the McGinn candidacy, that's a big, big problem. Big.
  • stinky
    @westside

    I have to wonder why such "enlightened" people lack concern about the poor saps driving on a Viaduct that is on the verge of collapse and has been for nearly a decade after being structurally compromised by an earthquake that occurred in 2001.

    Sorry, but all the handwringing over "process" is not going to save people whose cars and bodies are crushed when that weak piece of crap finally gives up the ghost.

    But, hey - Seattle has a mayor who rides his bike to work!! Yeah!!
  • stinky
    Yawn. Why do I think there is no "there" there.

    Anything a public agency does is public, with few exceptions.

    As for the claim "Agencies do not make public disclosure requests available to the whole world on their web sites or by releasing the findings to random TV stations. They release the findings to the person or group who made the request."

    No, they may not, but other entities can and routinely do.

    Please see

    http://www.soundpolitics.com/voterlookup.html

    And

    http://www.lbloom.net

    The long and short - agencies have no control over how people use the information they release, as long as the recipient does not use it for commercial purposes.


    Next thing you'll be reporting on is that WSDOT has doors equipped with doorknobs...And *knew* about it.
  • Mikos
    @9 "There is nothing unethical about that legally." Surely you jest or perhaps simply fumble on the keyboard. For government to break the story itself would be a breach of good faith with the requesting person or organization. It is indeed an unethical move -- although not illegal.
  • hmmmm
    This issue is a red herring to avoid the real discussion: that fact that McGinn's "against it before he was for it before he was against it" tunnel position has no real basis in anything except hysterics. You know, hysterics sort of like that which fueled the making of the Viaduct collapse video. Maybe rationality will seize the discussion at some point, but one shouldn't hold their breath.

    I love this angle of the Times being wrong except when they agree with Publicola. Goldy over at HA already uses that meme, so you might consider trying something else: like journalism.
  • Guest
    So are you going to keep looking in to the Parson's Brinkerhoff connection since you reported a Mallahan backer was tied to the release of this video?

    http://publicola.net/?p=17123
  • Stacy
    This whopper is nothing to the "it took us 8 years to reach the tunnel deal" pile of BS that Tayloe et. al. have been peddling over the past year. More like a backroom deal reached in 8 hours without any sort of meaningful analysis (like the yearlong stakeholder process that didn't even analyze the deep-bore tunnel option because of cost concerns).
  • joshuadf
    Your Seattle Times article href should be:

    http://seattletimes.nwsource.com/html/localnews...
  • Hobgoblin
    @12 - No one said it was a good strategy.
  • Howie B
    Just like when this "major scoop" was uncovered months ago, I still don't get how the release of alarmist video was supposed to have benefited the imagined WSDOT/developer/Mallahan cabal.

    Can someone explain that to me?
  • I have no idea why WSDOT would overreact and broadcast the video. It is not like the entire process has been under attack from the beginning. And they act like they are defending an already approved project, ya, that is nutty.

    Time to climb Mt. Molehill!
  • Hobgoblin
    @9 - I think the histrionics had less to do with the content of the video and more to do with the intent of the video, given the timing of its release - that intent being "Vote Mallahan or you and your family will die in a terrible disaster of epic proportions."

    For whatever reason, the Gov's staff favorite play involves threatening the public. They do it over and over again and then wonder why no one believes them and her approval rating is in the tank.
  • westside
    You may question politically the release of this video, but it is always the right of any government to choose to break the story themselves instead of waiting for the requester to do so. There is nothing unethical about that legally.

    BTW--I found the histrionics over what was in the video to be overblown. WTF did people think was going to happen? Did they not watch the Bay Area freeways collapse?
  • Sideline Girl
    My guess is that people accept the whopper because no one wants this issue to (pardon the pun) resurface again. The project is already in motion. Attempts to stop it now would be costly, time consuming and drag it out even further while leaving us with an unsafe viaduct to commute over everyday. So WSDOT told a whopper( oh boy, a gov org didn't tell the truth! tsk tsk). I am sure larger whoppers that have been told with far greater damage. Build the thing and let's get on with our lives. Oh and someone slap WSDOT on the hand.
  • Why was this public records request different from all other public records requests?

    Maybe Campbell filed the request during Passover?
  • Oops, left this off: all the way up to Gregoire's staff.
  • Josh, how about filing a FOI from Publicola about the handling of the FOI itself?
  • Mikos
    Look for the video of a sinking floating bridge coming soon! Oh wait. We already have that....
  • Mr. X
    Personally, I'd like to see a video of what would happen if the seawall were fixed and if the Viaduct were retrofitted.

    I don't know if ethics charges will stick in a meaningful way, but this little episode sure stunk to high heaven. It should also make folks wonder what other information was manipulated in this 15-year-plus process to justify WSDOT's longstanding decision to replace the AWV with a tunnel...
  • Meinert
    Josh - good reporting. People need to be held accountable for this.

    It also makes me wonder why someone doesn't make a video showing what would happen to the tunnel during rush hour in the same sort of earthquake, and give us an estimate of the number of people who would die underground. Could be an interesting part of this debate.
  • Hobgoblin
    Josh - Go man, go! Yes, there is a fire underneath that smoke.
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