Mayor, Smith Discussed Lease Chandler Testifies WSU President Encouraged Him To Bid

Pullman Mayor Mitch Chandler told a Spokane jury Tuesday that he was encouraged to bid on a Washington State University flower shop lease by WSU President Sam Smith.

Smith is being sued in U.S. District Court by Toma and Jeanine Joseph, who contend Smith retaliated against them by opening their lease up to bid.

The retaliation occurred, the Josephs allege, after they objected to Chandler selling his shop’s cut flowers at the student bookstore adjoining campus.

Smith is scheduled to testify today before the civil case goes to an eight-member jury that will decide whether the Josephs deserve damages.

Chandler was given access to sell cut flowers in the bookstore in early 1996 by its general manager, David Cooper, the jury was told.

The flower sales from January to May 1996 violated a written university policy forbidding the student-owned bookstore from competing with private businesses.

A specific provision of the policy says cut flowers are not to be sold in the bookstore in competition with a privately owned florist shop in nearby leased space.

Chandler, called as a witness for the Josephs, testified that he was angry and lost money after the WSU Board of Regents stopped him from selling flowers in the Bookie.

In his capacity as mayor, Chandler testified he has quarterly meetings with the WSU president to discuss issues involving the university and community.

At a May 1996 luncheon meeting he had with Smith, Chandler testified the floral shop lease came up.

Chandler said he was encouraged by the WSU president to submit a bid to gain control of the leased floral shop in the Compton Union Building.

Tim McCarty, the director of the Compton Union Building, testified that earlier in 1996 he had told the Josephs their lease would be routinely renewed.

McCarty said he supported the Josephs when they publicly objected to cut flowers being sold in the Bookie in violation of the policy.

McCarty said, however, he didn’t think that dispute would affect the university’s decision to renew the Josephs’ lease.

“I understood that we had come to terms to renew the Josephs’ lease,” McCarty said in response to questions from the plaintiffs attorney, Paul Burns.

McCarty said he was surprised when he learned the lease wasn’t quickly renewed. Four other business leases for space in the Compton Union Building were renewed without the year-long bid process the Josephs faced.

“Do you know who made the decision not to renew Mr. Joseph’s lease?” Burns asked the witness.

“Not for certain,” McCarty responded.

Ultimately the Josephs’ lease was renewed, but not until they had suffered economic loss and emotional distress, according to their lawyer.