Public Records Act collides with privacy

Disclosure of fatal crash documents remains in limbo 

By Roger Harnack, Cheney Free Press 

WATERVILLE — The Washington state Public Records Act collided with a parental claim of privacy on May 2, 2025 during an hour-long online hearing in Douglas County Superior Court.

At issue is whether public records routinely available for a vehicle crash should be provided to the media or if a third party could block disclosure because a minor was involved.

In this case, Free Press Publishing owner Roger Harnack is seeking Washington State Patrol documents officially identifying two 17-year-olds who died in the crash, as well as the cause of the crash, and their manners and causes of death.

The driver believed to be at fault in the crash was the daughter of Allison Pasta (Winingham), who is the petitioner seeking to prevent disclosure.

A preliminary report on the Feb. 9 fatal crash showed two teenagers — a boy and a girl — in a Toyota Camry crossed a highway center line and hit a tour bus head-on, killing themselves, the bus driver and a bus passenger. In addition, 18 other passengers on the bus were injured.

Pasta Winingham’s daughter was driving the Camry, a preliminary report shows.

The names of 18 crash victims were released; the patrol withheld the names of the teenagers as well as two younger juveniles injured on the bus. The patrol has not yet released a cause for the crash.

Harnack obtained the names through other means but still sought official records.

In February, because the state patrol did not release all names or the cause of crash, after several days, Harnack filed a request to review the records. Initially, the state patrol balked but then decided there were no applicable exemptions and agreed to release the requested documents.

But before doing so, a state patrol employee called Pasta Winingham to inform her of the pending release.

On March 31, Pasta Winingham requested and was granted a temporary restraining order blocking the records from being released. Superior Court Judge Brian C. Huber’s order was set to expire May 3, and a hearing was set for May 2.

After Friday’s hearing, Huber extended his temporary restraining order for at least 30 days.

“If such written ruling has not been issued within thirty (30) days of the date of this Order Extending Temporary Restraining Order, any party may after the expiration of said thirty (30) day period file a motion and schedule a court hearing to address the status of this matter and request further relief,” Huber wrote in his order.

The hearing included input from both Pasta Winingham and Harnack, as well as attorney Justin J. Kato representing the Washington State Patrol.

During the hearing, Judge Huber allowed Pasta Winingham to explain the reasons behind her request to prevent disclosure. She cited several exemptions under state law that she believes are applicable. Those citations came in both her written petition and verbal comments.

Those citations included her belief the release was not in the public’s interest and could cause emotional harm to the public and her other younger daughter. She also said the state’s vital records law prevents disclosure due to privacy concerns.

In continuing, Pasta Winingham said some members of the community had threatened her family after the fatal crash.

In her written filing, she also claimed Douglas County Coroner Tanner Bateman had set a precedent for nondisclosure in his claim of personal discretion in the release of a public record.

In representing the state patrol, Kato said the agency was bound to release the records, as the exemptions Pasta Winingham cited could not be defended successfully in a court action.

Kato noted that the two-prong standard balancing privacy concerns and the public’s right to know had not been met.

“In the present matter, WSP has identified records that are responsive to Mr. Roger Harnack’s request that WSP believes are non-exempt and must be disclosed,” the attorney wrote in a brief filed on behalf of the law enforcement agency.

According to Kato, there is not a “free-standing exemption” for a third-party request to block disclosure, either.

He further noted that vital records and a “report of a vital life event” are different, and therefore the coroner did not have a valid exemption from disclosure.

Kato also tackled the issue of whether the law enforcement records could be withheld because the Washington State Patrol had not specifically completed its report on the cause of the crash. 

On that front, he noted, the information is releasable because the requested documents are not “essential” for law enforcement activities.

“Under the present circumstances, disclosure of the record would not interfere with any law enforcement investigation or activity,” he wrote.

Harnack’s written brief and oral comments mirrored much of Kato’s.

However, Harnack went further, calling into question whether Pasta had standing to request the injunction, as she was not involved in the crash and that any possible right of privacy cannot be passed on to a family member.

He pointed out his belief that Pasta had not met the privacy standard, which requires records to be disclosed unless they were “highly offensive” and “not of legitimate concern to the public.”

“Both prongs must be satisfied,” he said, noting that the fact three others were killed and 18 others injured proves there is a legitimate public concern.

Harnack addressed the privacy issue more intensely, suggesting to the court that Pasta Winingham’s family had waived any perceived privacy right by turning to an online crowd-funding website to raise money to help cover related costs. He also pointed out obituaries had been published in print and online, further identifying the teenagers publicly.

Harmack also argued state law requires release of decedents’ names within 48 hours of identification or notification of next of kin, whichever comes first. The state Public Records Act does not exempt juveniles.

Pasta, Kato and Harnack were each given additional rebuttals, which the judge said he will take into consideration.

In addition to the parties involved, a child advocate and Washington Coalition for Open Government Executive Director Colette Weeks were present to monitor the digital proceedings.

This report is reprinted with permission of the Cheney Free Press.