The South Whidbey Post 141 of the American Legion is seeking about $140,000 in damages against two past commanders who allegedly poured 219 bottles of alcohol down the drain last year.
The lawsuit, filed in Island County Superior Court on May 19, names David Mitchell and Frank Olsen as defendants. In addition to pouring away alcohol, the complaint accuses Mitchell of canceling the post’s liquor and gambling licenses and the county food preparation authorization, as well as converting funds from the post ATM for his personal use.
Both men filed answers to the claims on May 30. They denied “each and every allegation” and denied that the American Legion suffered any damages as a result of their actions. Their answer specifically denies that they poured alcohol down the drain. They asked the judge to dismiss the lawsuit with prejudice and award them costs and attorneys’ fees.
Mitchell didn’t return a request for comment and Olsen couldn’t be immediately reached. The attorney for the American Legion didn’t respond to a request for comment.
The lawsuit states that Mitchell was serving as commander on June 24, 2024, when he abruptly resigned and “abandoned his post.” Olsen succeeded to the office of commander.
The lawsuit claims that Mitchell and Olsen poured “219 bottles of alcohol beverages down the drain” on June 11.
“As a result of defendants’ actions, Post 141 was required to close completely for a period of several weeks, resulting in a substantial loss of revenue,” the complaint states.
The lawsuit claims that the organization lost $130,578 in revenues, plus $9,500 in lost alcohol.
According to the Island County Sheriff’s Office, the allegation that the bottles of alcohol were poured out was reported to law enforcement in September, but the investigation was inconclusive.