Category: Health

City Council, Health, reproductive rights, Women

Seattle Legislation Aims to Stop “Crisis Pregnancy Centers” From Lying Quite So Much

By Erica C. Barnett

At a press conference and bill signing for three pieces of legislation aimed at protecting people who seek abortions in Seattle, City Councilmember Tammy Morales said she had also introduced legislation that would bar so-called crisis pregnancy centers—fake clinics run by religious anti-abortion groups—from false advertising at their locations inside city limits.

CPCs, also known as “limited-service pregnancy centers,” use deceptive tactics to get pregnant people in the door, using phrases like “pregnancy alternatives” to suggest they provide abortions. Inside, staffers attempt to persuade people to go through with their pregnancies, offering “non-diagnostic ultrasounds” and the promise of “free” baby-related items in the future.

According to a 2021 report by the Alliance, a coalition of groups supporting reproductive and gender justice, these “free” items were almost always contingent on participation in Christian programming, such as “counseling, Bible studies, abstinence seminars, video screenings, or other ideological CPC programming.” Despite their baby-centric advertising, they virtually never offer contraception, STI testing, or prenatal care of any kind.

Morales’ bill, which her Neighborhoods, Education, Civil Rights, and Culture Committee approved on Friday, would bar CPCs in Seattle from making misleading or false claims about their services, or to claim or imply that they provide abortions, prenatal care, or other services that they don’t provide. The bill also emphasizes, in a “whereas” clause, the city’s commitment to state law protecting the privacy of people who seek abortion care.

On Monday, Morales said she hoped the bill would help address some of the privacy issues associated with these fake clinics, which collect personal medical information from their “patients” but are not subject to federal medical privacy laws. If someone came to a CPC from a state where abortion was illegal and told a CPC worker they planned to go through with an abortion in Washington state, that CPC could have collected enough information to report that person to the authorities in their home state, for example.

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“The potential is that they could use that information to track who is seeking abortion care, and this is particularly dangerous for people who might be coming from states where this is illegal now, so it’s trying to address both of those things,” Morales said.

There are only about three CPCs (two CareNet outposts and a group called 3W, which has denied it is a crisis pregnancy center) currently operating in Seattle, plus a pregnancy center operated by Catholic Community Services; Morales said she was also aware of a “mobile clinic” operating in South Seattle. However, many more CPCs are located around the Puget Sound region, including Next Step Pregnancy Services (Lynnwood), the Pregnancy Resource Clinic (Everett), Pregnancy Resource Services (Bremerton), Pregnancy Aid (Auburn, Des Moines, and Kent), and nine other CareNet outlets.

Morales said her legislation (co-sponsored by Councilmember Lisa Herbold) is modeled on a San Francisco law—the Pregnancy Information Disclosure and Protection Ordinance, passed in 2011. That law bans CPCs in San Francisco from misleading the public about what services they provide.

Sate legislation would be more effective still, because it would apply everywhere, including rural areas where anti-abortion sentiment is more prevalent than it is in liberal Seattle. No one in the state legislature has introduced a bill related to crisis pregnancy centers since 2012, when a proposal to prevent CPCs from misleading pregnant people died in committee.

A more sweeping 2015 law, known as the Reproductive FACT Act, required crisis pregnancy centers to inform potential clients that California has public programs that provide immediate free or low-cost access to reproductive health care, prenatal care, and abortion; it also required unlicensed CPCs to disclose that they were not medical facilities. CPCs challenged the law and the US Supreme Court struck it down in a 5-4 decision in 2015.

In 2017, the Seattle/King County Board of Health passed a rule requiring crisis pregnancy centers to post two 11-by-17-inch signs saying “This facility is not a health care facility.” King County Councilmember Rod Dembowski cited the Supreme Court’s decision on the FACT Act a year later as one reason the county didn’t propose a more sweeping law. County Councilmember Kathy Lambert, who was defeated last year, was the only board of health member to vote against the rule; before the vote, she circulated through the crowd in council chambers, passing out anti-abortion literature.

Seattle’s legislation, which is certain to pass, will have less impact than would countywide legislation imposing similar rules; state legislation would be more effective still, because it would apply everywhere, including rural areas where anti-abortion sentiment is more prevalent than it is in liberal Seattle. No one in the state legislature has introduced a bill related to crisis pregnancy centers since 2012, when a proposal to prevent CPCs from misleading pregnant people died in committee.

City Council, Health, Morning Crank, Police

Ruling Orders UW to Reinstate Police Patrols at Dorms, COVID Hits Home at SPD and City Hall

1. The state Public Employee Relations Commission, which arbitrates labor disputes within state agencies, reversed a decision that allowed unarmed “campus responders” to provide public safety services at University of Washington residence halls and ordered the UW to restore police patrols, represented by a different union, at the dorms. The ruling orders the UW to reassign campus cops to patrol its residence halls.

The university decided to eliminate armed dorm patrols in 2020 after protests against police violence prompted calls to divest from police across the city and nation.

The divided decision, signed by Commissioners Marilyn Sayan and Kenneth Pedersen, found that the university had failed to bargain in good faith with its campus police union when it eliminated unarmed patrols to the dorms in response to student demands for a “more holistic approach to public safety” in 2020. PubliCola broke the news about the latest PERC decision on Saturday, and covered the original decision, which was issued by a PERC examiner, last year.

The case centered on the question of whether the UW and its president, Ana Mari Cauce, had the authority to replace campus police with civilian responders without negotiating the change with the union representing the officers. The university argued that it had the authority to choose its own campus public safety model, without bargaining the changes with the union; the union argued that the issue was a matter of mandatory bargaining, and that the UW was “skimming” work away from the police department—effectively taking away an opportunity for officers to make money and giving it to new employees represented by a different union.

Although no campus police lost their jobs as the result of the shift in duties (the dissenting opinion by Commissioner Mark Busto notes that the police union “did not present evidence that the CPOs suffered any financial impact from the transfer, such as the loss of overtime”), the PERC ruling orders the UW to “make any eligible bargaining unit employees whole, with interest, by paying them wages and benefits lost as a result of the skimming found in this unfair labor practice complaint.”

2. In COVID news, PubliCola has heard from several sources that Seattle City Councilmember Sara Nelson recently had COVID but failed to inform her coworkers, including at least some council colleagues, about her diagnosis, as the city’s COVID protocols require for all city employees who work outside their homes. Nelson, who often appears on the council dais without a mask, did not respond to a request for comment.

Legislative staff routinely receive exposure notices from Human Resources when someone in their department tests positive and reports it to the city, but there have been significantly more informal reports of COVID than formal notices, meaning that others in the legislative department are not following the policy either. At least two other council members have had COVID, including Councilmember Tammy Morales, who mentioned her diagnosis in a recent public council meeting.

3. Additionally, Seattle Police Chief Adrian Diaz’ brother, acting Lieutenant Avery Jaycin Diaz, is on extended leave and reportedly plans to retire after refusing to get vaccinated, which SPD policy requires. Although neither SPD nor Chief Diaz would confirm that nonvaccination was the reason for his brother’s departure, an SPD spokesman did confirm that he has not been on active duty for some time. The spokesman said Avery Diaz had not submitted his official retirement paperwork as of mid-July.

PubliCola was unable to reach Avery Diaz, and the police chief declined to comment on the record about his brother’s departure. Property records show that he sold his house in August 2021.

As of mid-July, SPD had only fired four officers for refusing to comply with vaccine mandates, although some have retired or resigned inton lieu of termination. The department has lost around 400 officers since 2020, most due to resignations or retirements, and Mayor Bruce Harrell recently announced a $2 million “recruitment and retention” plan that would providing hiring bonuses of up to $30,000 to new SPD officers.

Health, homelessness, Mayor Harrell

City Sweeps RVs During Heat Wave While Urging Housed People to Take Cool Showers
A group of RVs and vehicles has been parked next to the train tracks south of downtown throughout the pandemic, long enough to be visible on Google Maps.

By Erica C. Barnett

Dozens of RVs and other vehicles had mostly disappeared from the SoDo street where they’ve been parked for more than two years on Tuesday, after a last-minute push to get everybody out before city workers showed up at 9am to clear the area. By 9:30, as the heat rose into the 80s, the street was cordoned off with “Street Closed” sawhorse placards and a few eco-blocks—heavy concrete blocks businesses use to prevent people from parking on public streets—had already appeared.

A spokesman for Mayor Bruce Harrell’s office, Jamie Housen, said that between July 8 and this morning, 20 people living in their vehicles at the site had accepted offers of shelter, which means a shelter bed was available and they said they were willing to go. The city does not ensure that people who get referrals to shelter actually get there, and although Seattle does pay for Lyft rides, that practice is problematic, making underpaid rideshare drivers responsible for people who may be in crisis.

Anti-sweeps advocates called on Harrell to postpone the removal until after this week’s anticipated heat wave (as I write this, it’s 93 degrees), but Housen said the “RV remediation,” along with an encampment removal near Woodland Park later this week, is actually in the best interest of the unsheltered people being displaced.

“Someone displaced today is an elderly person with congestive heart failure who needs more care than any available shelter can provide. That person should get the health care and shelter they need, and it shouldn’t take a pandemic sweep to get it.”—Alison Eisinger, Seattle/King County Coalition on Homelessness

“This week, the City will complete two RV remediations and one encampment removal, with the aim of addressing the public health and safety concerns at those sites while helping those experiencing homelessness get indoors, into shelter, and out of the heat,” Housen said. “No additional encampment resolutions will be conducted during the elevated heat event, but shelter referrals to get people into cool and safe places will continue.”

But most of the people living along 3rd Avenue S. just moved elsewhere; according to a staffer for City Councilmember Tammy Morales, whose district (D2) includes SoDo, they included at least two people with major medical needs—one with congestive heart failure and one with terminal cancer—that can’t be accommodated in a traditional shelter.

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In a statement, Morales called Tuesday’s sweep a sign of the “continued failure of our city response to addressing the root causes of homelessness” and noted that despite the efforts of service providers, “there were not enough shelter options to move people into today despite the extensive outreach that took place this month.”

According to an internal presentation by Harrell’s office earlier this year, there are, on average, between two and five shelter beds available each night across the city, a number that is similar to previous estimates from the Human Services Department and shelter and service providers.

Alison EIsinger, director of the Seattle/King County Coalition on Homelessness, said it was irresponsible to displace dozens of people in the middle of a pandemic and during a heat wave. “High temperatures make it worse for people on the ground, and make it harder for staff to bring water, cooling supplies, and health care to people they can no longer locate. That’s not just bad policy, that’s wasteful, cruel, and ineffective policy,” Eisinger said

Responding to the Harrell Administration’s comment that shutting down a longtime RV encampment would get people “out of the heat,” Eisinger added, “I just learned that someone displaced today is an elderly person with congestive heart failure who needs more care than any available shelter can provide. That person should get the health care and shelter they need, and it shouldn’t take a pandemic sweep to get it.”

In her statement, Morales said that despite repeated requests, Harrell’s office has not provided them with information about encampment removals in advance.

People who need to escape the heat, including people experiencing homelessness, can go to community centers, libraries, and malls during the day; for housed people, the city suggests “moving to where it’s cooler to sleep more comfortably” and taking a cooling shower.

Addiction, Drugs, Health, Schools

Amid Rising Fentanyl Deaths, Seattle Libraries Prohibit Overdose Reversal Drug
Public naloxone rescue kit in Boston, MA
Public naloxone rescue kit in Boston, MA

By Erica C. Barnett

The Seattle Public Library has advised library staff not to carry or use naloxone, the overdose-reversal drug sold under the brand name Narcan. As a matter of policy, the library does not stock Narcan or train workers to use it.

In an email to library staff last week, a representative from the union that represents most library employees, AFSCME 2083, wrote that “the City has been very clear that they believe Good Samaritan protections do not apply to public employees administering Narcan. In light of that liability concern, we have now been informed that any employees who administer Narcan on duty may be subject to discipline, unless they are explicitly directed to do so.”

“While these employer directives are in effect—in particular the new directive NOT to administer Narcan—Local 2083 cannot support member administration of Narcan on the job,” the email continued.

The union, which did not respond to a request for comment, sent the email to its members after an unidentified library staffer informed their boss that they were bringing Narcan to work. The drug, most commonly administered as a nasal spray, temporarily reverses the effects of an opiate overdose by blocking the effects of the opiate and causing an overdose victim to start breathing again.

“[The city attorney’s] legal guidance is that a staff member, who is in a paid capacity as Library employee, is likely not covered by the law and would subsequently expose themselves and the Library to liability for injury or death resulting from inappropriately administering Narcan.”—Seattle Public Library spokeswoman

Washington State’s original Good Samaritan law, adopted in 1975 and amended several times since, says that “Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency … shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care.”

A separate law adopted in 2015 created a “standing order” allowing “any person or entity” to obtain a prescription for opiate reversal medication, such as Narcan, and use it for overdose reversal without threat of criminal or civil liability for administering overdose-reversal drugs or for any outcome that happen as as result.

A spokeswoman for the Seattle Public Library, Elisa Murray, said the library asked the City Attorney’s Office if library workers would be protected by the Good Samaritan laws. “Their legal guidance is that a staff member, who is in a paid capacity as Library employee, is likely not covered by the law and would subsequently expose themselves and the Library to liability for injury or death resulting from inappropriately administering Narcan.” Murray said the initial advice came from former city attorney Pete Holmes’ office and was subsequently confirmed by the office of current City Attorney Ann Davison.

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“Bringing medicine to the workplace with the intent to administer it while working is outside of a staff member’s assigned work duties and against the Library’s direction related to Narcan,” Murray continued. The library has no plans to train staffers to use Narcan or stock the drug at library branches, “based on the Seattle Fire Department’s medical support expertise and response times.” In other words, it’s up to the Fire Department, which—like the police department—is facing staffing shortages, to respond to overdose calls on time.

The library gave a similar explanation for its decision not to stock naloxone back in 2020, when then-mayor Jenny Durkan handed out hundreds of naloxone kits to local businesses and schools in response to an uptick in overdoses from fentanyl, an opiate that is many times more potent than heroin. On Tuesday, the King County Council declared fentanyl a public health crisis. Last year, the county medical examiner confirmed that nearly 400 overdose deaths involved fentanyl; so far this year, the number of confirmed fentanyl deaths is 272. Overall, opiates have been implicated in nearly 450 deaths this year.

The Seattle Public School District stocks naloxone at every school and trains school nurses, security staff, and school administrators in how to administer the drug.

As public agencies go, SPL is in some ways an outlier. Staff at other public agencies in Seattle carry naloxone, as do other public libraries around the country, including Everett’s public library system.

For example, the Seattle Public School District stocks naloxone at every school, according to SPS prevention and intervention manager Lisa Davidson. The district also trains school nurses, security staff, and school administrators—along with anyone else who wants training—in overdose response. Most schools have multiple “designated trained responders,” according to Davidson, and district policy allows individual employees to get their own prescriptions for naloxone and use it as long as they’ve been trained to do so.

The school district’s policy also notes that under the state’s “standing order” law, “a person who possesses, stores, distributes, or administers an opioid overdose reversal medication is not subject to criminal or civil liability or disciplinary action if they acted in good faith and with reasonable care.”

The King County Library System’s naloxone policy, however, is similar to Seattle’s: “staff are not permitted to administer Narcan,” , KCLS spokeswoman Sarah Thomas said, and are supposed to call 911 if they see a patron in medical distress “KCLS does not have a policy on Narcan use,” Thomas said. Continue reading “Amid Rising Fentanyl Deaths, Seattle Libraries Prohibit Overdose Reversal Drug” →

City Council, Elections, Health, State of Washington

Democrats, Republicans, and “Nonpartisan Party” Candidate Face off for Secretary of State; Council Takes Up Abortion Bills

1. The race for Washington Secretary of State—a position to which no Democrat has been elected since the 1960s—has drawn eight candidates, among them two Republicans, two Democrats (including the appointed incumbent, former state Sen. Steve Hobbs), and four candidates with other affiliations, including Pierce County auditor and “nonpartisan party” candidate Julie Anderson. (One candidate, Tamborine Borelli, is running with an “America First (R)” affiliation).

At a virtual forum sponsored by the League of Women Voters of Washington last week, five of the eight candidates described what their priorities would be if elected. Three of the five—Hobbs, Anderson, and former Republican state legislator Mark Miloscia—have reported raising more than $50,000.

The other two candidates at the forum were Marquez Tiggs, a Democrat who said he would support in-person voting to increase turnout and require voter IDs at polling stations, and Bob Hagglund, a Republican who said he wants to require voter ID so that “the people who should not be voting don’t get their vote and don’t get their ballots counted.” Borelli, “Union Party” candidate Kurtis Engle, and Republican Keith Waggoner did not participate.

Hobbs and Anderson, the two top fundraisers and likely frontrunners, both emphasized their experience—Hobbs as an expert on disinformation from his training as a member of the US Army National Guard, and Anderson as Pierce County auditor for the past 12 years. Anderson said she would be the first Secretary of State to embrace nonpartisanship. “Political parties do not belong in the Secretary of State’s office,” she said, adding that she would support legislation to make the office officially nonpartisan. Hobbs said it doesn’t matter to him whether the office is partisan or not, because “it’s about the person that’s in the office, not the label.”

Among other claims, Republican Secretary of State candidate Mark Miloscia has argued that “perverts” on the left are “coming after our children,” denouncing abortion rights supporters, and accusing Democrats of “indoctrinating children with the demonic tenants of pagan radicalism.“

The two candidates also differed on the issue of ranked choice voting (Anderson said she supports it as a matter of “local choice,” while Hobbs said it “just adds a new complicated element to elections” and “is vastly unfair to new Americans to come to this country where English is not their first language.” Both agreed that the state should do more to protect the security of elections, although Hobbs emphasized outreach and voter contact, including heightened efforts to reach voters when the signatures on their mail-in ballots are rejected while Anderson proposed a “statewide risk limiting audit” on a single race to test election security.

Since leaving office (and running unsuccessfully for state auditor in 2012 and 2016), Miloscia has been the director of the Family Institute of Washington, where he has written prolifically and conspiratorially about the decline of “traditional values.” Among other claims, Miloscia has argued that “perverts” on the left are “coming after our children,” denouncing abortion rights supporters, and accusing Democrats of “indoctrinating children with the demonic tenants of pagan radicalism.” (Also, he is positively obsessed with drag queens, who he says are tempting children with “lie[s] from the devil.”)

2. The city council will take up three different bills aimed at addressing access to abortion, two of them delayed because one of their sponsors, Councilmember Tammy Morales, contracted COVID.

The first, sponsored by Councilmember Kshama Sawant, aims to turn Seattle into a “sanctuary city” for abortion providers by directing the City Attorney’s Office and police not to cooperate with investigations, subpoenas, or search or arrest warrants by out-of-state authorities seeking to prosecute abortion providers who take refuge in Seattle. “If people break the unjust anti-abortion laws in their own state and believe they will be caught, they can come to Seattle to stave off prosecution,” Sawant said at a Monday afternoon council briefing.

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The legislation also says that if Washington state bans or restricts abortion in the future, the police must make cooperation with other law enforcement authorities among its lowest law-enforcement priorities, along with marijuana-related offenses.

The second, from Morales and Councilmember Lisa Herbold, incorporates a 1993 state law that makes it a gross misdemeanor to interfere with a patient’s access to health care facilities, such as clinics and hospitals that provide abortions, by blocking entrances, disturbing the peace, and harassing or threatening patients or clinic employees. And the third, also sponsored by Morales and Herbold, would prohibit discrimination based on a person’s perceived pregnancy outcomes; for example, an employer could not fire or penalize an employee because the employer believed she had an abortion.

Although both proposals seem likely to pass, they also illustrate the limitations of what blue cities in blue states can do to mitigate the impact of abortion bans nationwide—it’s unlikely, for example, that abortion providers from across the country will resettle in Seattle en masse to avoid pursuit and prosecution by anti-choice judges and law enforcement officials in their home states.

Statewide efforts to fund abortion providers who will be inundated with out-of-state patients would be more impactful, as would restrictions on additional mergers between secular and Catholic hospitals, which not only refuse to provide abortions but often refuse to manage miscarriages in progress or provide tubal ligations or birth control. Earlier this year, a state bill that would have required some transparency when health care systems merge failed to make it out of committee.

Health, homelessness, labor, Morning Fizz

Labor Fizz: Homelessness Agency Workers Unionize, State Vaccine Requirements Go Above and Beyond, City Accuses Parking Officers of Bad-Faith Bargaining

1. Employees of the King County Homelessness Authority have joined the Professional and Technical Employees Local 17 (PROTEC17)—the first step toward negotiating a contract that will establish mandatory standards for wages, hours, and working conditions at the agency, which has about 75 employees. The KCRHA, which oversees contracts with nonprofit homeless service providers around the region, has been operating without a union since last year.

KCRHA evaluation and analytics coordinator Claire Guilmette, who led the push to unionize, said she’s optimistic that the union will be able to reach an agreement quickly and collaboratively with KCRHA director Marc Dones, who will be on the other side of the bargaining table. Both non-managerial employees and some supervisors will have union representation; the state Public Employee Relations Commission is currently considering the agency’s argument that two employees, intergovernmental affairs manager Nigel Herbig and Dones’ executive assistant, Katherine Wells, should be excluded from the bargaining unit.

In a statement, Dones, who has expressed support for unionization in the past, said, “Our people are our greatest strength and we will continue to support our employees with what they need to be successful.” KCRHA spokeswoman Anne Martens said the agency could not comment on current organizing efforts. In response to PubliCola’s question about whether KCRHA has a human resources department, Martens said, “We do indeed,” but did not provide a list of employees in this department. The agency’s staff list is no longer available on its website.

PROTEC17 organizer Jessica Olivas said KCRHA’s employees are “extremely mission-driven,” sometimes to the detriment of advocating for themselves. “I’m actually happy that they took a step back and said, We deserve a voice on the job to help retain and recruit staff, and that’s what’s best in helping to advance their mission,” Olivas said.

As we reported last month, a number of high-level staff have left the agency in recent months, including peer navigator program director Dawn Shephard, senior advisor Lisa Gustaveson, special assistant Naomi See, and chief community impact officer Denille Bezemer.

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2. Earlier this month, Governor Jay Inslee announced a new COVID-19 vaccination policy that will require all state employees to be not just vaxxed and boosted but up to date with current recommendations from the Centers for Disease Control, now and in the future, beginning next July. The new mandate goes beyond what the city of Seattle and King County require; for city and county employees, “fully vaccinated” means having received an initial one- or two-shot course of the Pfizer, Moderna, or Johnson and Johnson vaccine.

A spokesman for the state Office of Financial Management, which will be responsible for drafting a formal policy and negotiating with the unions that represent state employees about that policy, said that after July 1, 2023, “employees would need to be up-to-date on any recommended COVID-19 shots/boosters,” subject to bargaining with the unions that represent state workers. PubliCola has reached out to the Washington Federation of State Employees for comment on the new requirements and will update this post if we hear back. 

CDC recommendations change periodically and are different for people of different ages. Currently, for example, the CDC recommends that everyone 50 or older get two booster shots. In a proclamation last year, Inslee defined “fully vaccinated” the same way the oity and county do: One full course of a single vaccine, with no booster requirements.

The complaint alleges that the Seattle Parking Enforcement Officers’ Guild bargained in bad faith with the city by proposing a one-year extension to its existing contract that the union knew its members would reject

3. Last month, we reported that the city’s parking enforcement officers filed an Unfair Labor Practice complaint against the city for taking away their access to a system that provides instant information about vehicle owners, such as whether they have a warrant and for what offense, when the officers moved out of the police department and into the Department of Transportation. Three months later, the Seattle Parking Enforcement Officers Guild (SPEOG) filed a second complaint related to union participation on a special safety committee.

As that complaint moved forward, the city filed its own Unfair Labor Practice complaint against the parking enforcement officers’ union—an unusual step, since most labor complaints are made by employees against their employer, not the other way around. Continue reading “Labor Fizz: Homelessness Agency Workers Unionize, State Vaccine Requirements Go Above and Beyond, City Accuses Parking Officers of Bad-Faith Bargaining” →