Suit Against Cherry Grower Expanded Workers Claim Farmer Failed To Provide Promised Housing

A federal lawsuit filed by five farm workers over living conditions provided by a Wenatchee cherry grower has been expanded into a class action.

The five workers filed the suit in November against Cherrystone Inc. and owner Nolan Carlson. They claimed they were promised housing during the cherry harvests in 1993 and 1994, but were forced to stay in self-constructed cardboard shelters, tents, their cars or out in the open.

The workers also were exposed to snakes and vermin, and were forced to cook in an open-fire cooking pit because no other facilities were available, the lawsuit said.

In a ruling filed Wednesday, U.S. District Judge Alan McDonald granted the five farm workers’ request to include all Cherrystone workers during that time period.

“Basically … it clears the plaintiffs’ way to seek both the kinds of relief we asked for on behalf of everyone who was subjected to the same horrid conditions in 1993 and 1994,” said Rebecca Smith, an attorney representing the farm workers.

“We’ve asked for both forward-looking relief, which is an injunction, and … the court also certified the class for damages so our clients can seek compensation for everyone,” Smith said Thursday.

The lawsuit estimated that 300 farm workers lived on Cherrystone property during the 1993 and 1994 harvests.

Carlson’s lawyer, Ryan Edgley of Yakima, argued that there was no need for a court order to force the grower to comply with federal health and safety regulations because he already voluntarily participates in the state Department of Health’s trial program to license tent camps.

Last summer, during the brief summer cherry harvest that brings 14,000 workers to the Wenatchee area, state officials abandoned their strict standards for farm-worker housing, focusing instead on serious problems created by unlicensed camps in orchards and public areas. Five licensed camps were established, including one at Cherrystone.

The Health Department is scheduled to hold meetings with growers in the Wenatchee area next week to encourage them to participate in the program this year.