PORT TOWNSEND — A Jefferson County political candidate has run afoul of a private community’s covenants against political solicitations.
On Saturday, Port Townsend attorney Michael Haas canvassed the Cape George area as part of his effort to unseat incumbent Prosecuting Attorney Scott Rosekrans and refused to leave after being informed several times of the community’s prohibition against solicitations of any kind, residents of the area say.
Haas disputes this account, saying that he was informed once of the rule, which is posted at all the street entrances, and left immediately after he was challenged.
This is contradicted by two residents, Tony Brown and Mary Hilfer, who said they directly approached Haas about the rules, and he refused to comply.
Hilfer, whose husband is Cape George Homeowners Association Board President Richard Hilfer, said Brown first confronted Haas, who said he was not soliciting, but rather providing voter education services.
While Brown and Richard Hilfer went searching for Haas, he approached the Hilfer house where Mary Hilfer was in the yard and handed her campaign material, at which time he repeated the voter education statement and “said something like ‘I hope you never need the prosecutor’s office,’” according to Mary Hilfer.
Haas said that isn’t what happened in the encounter.
“A lot of times in the course of a conversation I’ll say, ‘I hope you never need the services of the prosecutor’ in an effort to start a dialogue,” he said.
“It is not meant to be in a threatening way.
“If anyone construed it in that way, I sincerely apologize.”
The private Cape George Colony includes more than
500 homes in three locations adjacent to Discovery Bay south of Port Townsend and has several covenants about access and property appearance.
“We have posted at the entrances that people aren’t allowed in without an express or implied invitation from one of the members,” Richard Hilfer said.
“We have several candidates calling us asking if they can campaign and we tell them no.
“If we catch someone campaigning, we ask them to leave.”
One of those asked to leave was District Court judge candidate Cheryl Potebnya, who was also going door to door Saturday but left immediately after being told of the ordinance, Richard Hilfer said.
One candidate calling to ask permission to campaign was Rosekrans, who said he was disappointed with the rule but would abide by it.
“I called and asked first, and I said fine,” Rosekrans said.
“There a lot of voters out there I’d like to reach.”
Jefferson County Commissioner David Sullivan, a 17-year Cape George resident, said that residents have different interpretations of the statute, with many feeling that it does not or should not apply to political campaigning.
“I’ve done it in the past, but I live here and people know me,” Sullivan said.
“I think a lot of residents don’t mind it when candidates come to the door.”
Haas would not say how long he was going to door to door Saturday or how many homes he approached, but he said he was generally well received.
Richard Hilfer said the ordinance won’t be enforced unless a resident notifies the community’s office, and a candidate could canvass without management knowing if there are no complaints.
Both candidates for Jefferson County auditor, Rose Ann Carroll and Judy Maves Klatt, said they are not canvassing in Cape George because of the covenants.
“There are some interesting First Amendment issues here,” Haas said.
“I believe that you can’t restrict political speech in public or quasi-public areas.”
“This is private property,” Richard Hilfer said.
“Anyone who violates this regulation is in violation of the trespass law.”
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Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.