Gendler v. Batiste
, No. 85408-43
The request form is submitted to the DOT, although it is located on the WSP websiteand contains the official WSP logo.
all accidents on the Montlake Bridge involving bicycles.The WSP responded that it could not provide accident reports by location andthat it would provide records to Gendleronly if he wereable to specifically identifythe person involved in the collision and the precise collision date. Gendler was alsoinformed that only the DOT was able to produce a historic list of traffic accidentsbased on physical location and referred to a “Request for Collision Data” form thatwould be necessary before the State would fulfill his request.
Clerk’s Papers (CP)at 27.After locating the form, Gendler discovered it required a certification that hewould not use the records in a lawsuit against the State or other government agency.The exact language from the request form reads,“I hereby affirm that I am notrequesting this collision data for use in any current, pending or anticipated litigationagainst a state, tribal or local government involving a collision at the location(s)mentioned in the data.”
.This certification is purported to be in accordance with23 U.S.C. § 409, a limited federal privilege that protects from discovery certainrecords that the states create and compile for federal highway safety reportingpurposes. Gendler was unwilling to submit this certification, explaining:Because I do not want to waive my right to use public records