KINGSTON — Kingston Adventures is suing the Port of Kingston, alleging the port violated the owners’ and business’s constitutional rights.

An attorney for Kingston Adventures, owned and operated by Beth and Rob Brewster, filed the lawsuit in federal court in late June.

The lawsuit alleges the port and its three commissioners “engaged in purposeful discrimination against [Kingston Adventures] because it was being run by a woman,” and did not equally enforce its laws.

In an email to the Herald, Port Manager David Malone said the port does not want to comment on matters that are in litigation “except to state that the allegations are untrue.”

Kingston Adventures continues to operate during regular hours, daily.

The dispute is partly related to two agreements Kingston Adventures had with the port: One, a commercial use agreement that allowed it to conduct business on port property; and two, an agreement that allowed it to store kayaks in the port-owned small-watercraft facility.

Beth Brewster believes  one of those agreements entitled her to launch from a 220-square-foot float that was located adjacent to the small-watercraft facility for two years. The port said the float was not included in any agreement with Kingston Adventures and was moved near the facility for maintenance.

The float is owned by the City of Poulsbo, which pays a moorage fee to the port. The float is used by the city’s parks and recreation department for its summer sailing program.

Kingston Adventures alleges the port moved the float to another part of the marina after Beth Brewster began questioning how the port operates. She is not able to use the float now, and she said that moving the float violated her month-to-month agreement, according to the lawsuit.

The business hosts activities from the same locations, except from the float in question. The port’s small-watercraft storage facility and launch “is necessary for both kayak and [stand-up paddleboard] rentals,” according to Kingston Adventures’ attorney, Dennis McGlothin. “This is the bulk of [Kingston Adventures’] summer business.”

According to information from Kingston Adventures, the business operated at the port on a month-to-month basis after its initial commercial use agreement expired in 2012. However, there was no other commercial use agreement, according to the port.

In May, the port issued Kingston Adventures a 30-day notice to vacate its kayak storage because of “ongoing violations” of its storage agreement and refusal to sign a new agreement, according to the port.

In a previous interview, Beth Brewster said she refused to sign a new commercial use agreement because the draft agreement was also more restrictive than agreements for other businesses, she said. The proposed agreement included a non-disparagement clause. The clause stated that port employees, commissioners and Kingston Adventures “agree to refrain from making any negative comments about each other in any form or venue.”

The clause stated that neither party could comment negatively during “in-person discussions,” on social media, or other “otherwise communicating negatively about each other.” Breaching the term would result in grounds for termination of the agreement.

The port “began treating [Kingston Adventures] and its day-to-day operator Beth Brewster differently from other similarly situated persons” after she began questioning port operations, according to the lawsuit.

The lawsuit alleges that the port has been “selectively and enforcing its rules and regulations and targeted [Kingston Adventures].”

The lawsuit also alleges the port published “defamatory statements” about Kingston Adventures and its operations.