A decision by a Tulalip Tribal Court judge has been delayed on a motion to dismiss a $3 million lawsuit filed by a former tribal employee for harassment after she reported that some of her casino co-workers were filming women customers and viewing the tapes for their personal pleasure.
Tribal attorney Michael Taylor filed a motion to have the lawsuit dismissed, claiming tribal officials have immunity from such civil prosecution, including sovereign and legislative immunity.
Court officials could not say when the judge might rule on the tribe’s motion to dismiss the complaint. Attorneys for both sides were unavailable Friday.
Viooltje Arpryazhka, 58, of Tulalip filed a lawsuit in May against Tulalip casino managers, Tulalip tribal board members and tribal gaming officials after she reported that co-workers in casino security had filmed women in sexually explicit situations and viewed the tape for enjoyment.
Arpryazhka alleged that casino personnel and managers retaliated against her and caused her to lose her gaming license in April 2002, and subsequently the job she had held for nine years.
Arpryazhka worked as a surveillance observer in the casino’s security office. In December 2001, according to her lawsuit, she was assigned to the bingo operation.
The previous month, she allegedly saw surveillance video footage of a woman stripping off her clothes in the casino parking lot.
The tape also contained sexually explicit footage of women, including one urinating outside, which raised issues with Arpryazhka of sexual harassment and privacy, she alleges in her lawsuit.
She notified Sharon Morehead, the human resources manager, that the tape was beingviewed by some men in the surveillance unit and tribal gaming agency for their amusement. The tape was confiscated by the tribal gaming agency, and Arpryazhka was told it was a training tape.
The tape became known as the "blooper tape," and she was told it had been destroyed.
Arpryazhka accused the defendants of planning to fire her and taking away her gaming license, which is required to work in a casino. She alleged that casino management responded to her efforts to have the tape destroyed by monitoring her activities and censoring her e-mail. She also claims she was set up when someone left a confidential envelope on her desk.
She accused the defendants of sexual discrimination, creating a hostile work environment, sexual and mental harassment and violation of Indian civil rights and gambling laws. She also accused tribal gaming commissioner Lena Hammons of revoking her license without an administrative hearing.
Two tribal judges were excused from hearing the case, and Arpryazhka asked for a judge from the Northwest Justice Program’s Native American unit.
Tribal attorney Taylor then filed a motion to have the case dismissed. The tribe claims its officers and employees have statutory immunity, as well as qualified immunity, which protects government officials as individuals.
Tribal officials previously declined comment.
Samuel Stiltner, a Tulalip Tribal Gaming Agency attorney, said the video was made for "instructive purposes."
Reporter Cathy Logg: 425-339-3437 or logg@heraldnet.com.
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