Lawsuit Looms Over City Mishandling of YMCA Pool Discrimination

Lawsuit Looms Over City Mishandling of YMCA Pool Discrimination

The day they thought would never come arrived on Tuesday, March 19th, 2024, when the City of Port Townsend and the Olympic Peninsula YMCA received an unwelcome bit of news from a litigation team at the Center for American Liberty, representing longtime Port Townsend resident, Julie Jaman.

As reported by the national news website, the Daily Wire, the clock has run out on the YMCA’s and city’s dodging of responsibility for the debacle that ensued after Jaman was banned for life from the Mountain View Pool a year and a half ago.

 

Regular readers of the PT Free Press are familiar with the outrageous treatment Jaman (and eventually her supporters) faced in July and August of 2022. (Access our extensive reporting with the link following this article.)

According to the demand letter from the Center for American Liberty, “The City’s and the YMCA’s conduct violated the First and Fourteenth Amendments to the United States Constitution… and Washington law.”  The letter was addressed to City Manager John Mauro, acting City Attorney Kendra Rosenberg, and Olympic Peninsula YMCA CEO, Wendy Bart.

From the law firm’s website:

“The Center for American Liberty sent a demand letter to the YMCA and the City of Port Townsend on Julie’s behalf threatening imminent litigation if Julie’s lifetime ban is not immediately lifted. The City of Port Townsend and the YMCA punished Julie because of the content of her speech—because she spoke out after seeing a man in the women’s locker room. Julie deserves justice for the violation of her First Amendment rights and the emotional distress she’s experienced because of this ordeal.”

Though a relatively young enterprise, in practice since 2018, the Center for American Liberty is blazing trails as it defends parental rights, constitutionally protected speech and religious liberties.  They’ve emerged as a powerhouse in the woke arena of coercive “gender transitioning” of young children and teenagers, including the now nationally-recognized ‘detransitioner,’ Chloe Cole.

 

Page one of Center for American Liberty demand letter

 

Setting the stage

The 8-page letter accompanies over 200 pages of duplicative public records, many redacted — communications between city officials, the YMCA and the public relations firm contracted by the city to manage the mess they’d created by refusing to even consider Jaman’s version of the episode, devoted as they were to ideology rather than fairness and accuracy.

The demand letter references the unlawful ban of Jaman, provides a bit of factual background, and swiftly moves on to “The Locker-Room Incident.”  (The following are excerpted quotes.  For legal reasoning supporting them, please read the entire eight pages.)

On July 26, 2022, Jaman went for a swim at the Pool. After she finished, she entered the women’s locker room to shower and change. There were no signs warning patrons that the locker rooms were open to members of the opposite sex. In fact, the signage indicated that the locker rooms were sex segregated.

 

While in the shower, Jaman heard a male voice inside the locker room. When she pulled back the shower curtain to see who was there, she saw a biological male wearing a female swimsuit. The individual—later identified to Jaman as “Clementine Adams”—was watching two young girls who appeared to be about four to six years old as they were preparing to use the toilet. Adams was not wearing any form of identification indicating an affiliation with the YMCA.

 

Jaman was startled by Adams’s presence in the women’s locker room and believed that she might be witnessing a crime in progress. Jaman asked Adams, “Do you have a penis?” Adams responded, “None of your business,” after which Jaman said, “Get out of here!”

 

Within seconds, YMCA staff member Rowen DeLuna entered the women’s shower area and began berating Jaman. DeLuna did not inform Jaman that Adams was transgender, that Adams was an employee of the YMCA, or that the Pool had a policy allowing individuals to use the locker rooms that aligned with their gender identity. Instead, DeLuna informed Jaman that her speech toward Adams was “discriminatory,” that she was “banned for life” from the YMCA because of her speech, and that she could no longer set foot inside the facility.

 

In addition, DeLuna told Jaman to leave or she would call the police. Jaman told DeLuna that she too wanted the police involved so they could investigate potential misconduct. YMCA staff called 911 and asked for the police to escort Jaman from the premises. A recording of this call reveals that the YMCA staff told the police that Jaman was harassing YMCA employees and belligerently refusing to leave. None of this was true.

None of this was true.  It’s important to reiterate this statement from the law firm, and to highlight the effort by several operators within the city administration to carefully craft the narrative before it went public.

 

Example of redacted communications between the city and the public relations firm hired to provide damage control (page 31, Exhibit C).

 

More from the Center for American Liberty’s demand letter:

On August 11, 2022—in the wake of significant local and national media attention—the City released an official Q&A discussing the July 26 incident... In the Q&A, the City said — falsely — that Jaman had engaged in a “documented previous pattern of disrespectful behavior.” The YMCA made similar false statements to the media.See Exhibit B (quoting YMCA’s statement asserting that Jaman had “repeatedly violated the [YMCA’s] code of conduct”). Despite multiple requests, neither the City nor the YMCA has explained this alleged prior misconduct.

 

Emails and other documents obtained through public-records requests reveal that in the weeks following the July 26 incident, City officials were intimately involved in responding to concerns within the community regarding operation of the Pool. This included what appears to be a coordinated effort involving Mayor David Faber, City Manager John Mauro, and City Councilwoman Libby Wennstrom, among others, working with the YMCA and Feary [sic] Public Relations — a crisis communications firm hired by the City — to develop a public response to the incident.

 

This public relations campaign included statements to the media, social media posts, the above-mentioned Q&A, and other statements by members of the City Council. See, e.g., Exhibits C–F. These statements labeled Jaman as hateful and bigoted and indicated that she had engaged in a pattern of conduct that violated the YMCA’s policies. None of this is true.

While the above brief synopsis mentions the YMCA’s denial of evidence for its mendacious claims of Jaman’s prior “disrespectful behavior,” it bears repeating here — none of the supposed documentation was ever produced.  Julie Jaman asked for it again and again.  It does not exist.  It was all a fabrication.

Jefferson County resident Crystal Cox requested a copy of the contract with Fearey. The $3,000 charged by the crisis communications firm to run interference for city hall is now just the start of what it will cost taxpayers to deal with the city’s gross mismanagement of a sensitive situation.

The City and the YMCA Violated the First Amendment

The First Amendment prohibits the government from retaliating against individuals for exercising their First Amendment rights... Moreover, the government may not discriminate against speech exercised on public property based on its viewpoint.
 
First, Jaman’s ban was in retaliation for her protected speech. When Jaman saw Adams accompanying two young girls in the women’s locker room and watching them while they undressed, she was concerned she was witnessing unlawful conduct.
 
To be sure, the government may, in appropriate cases, take action to protect its employees from harassing conduct of third parties. But Jaman’s comments did not come remotely close to the line of losing protection under the First Amendment or otherwise justifying the YMCA’s response.
 
By banning Jaman from the Pool based on her speech, the City and the YMCA retaliated against her for engaging in protected activity.
 
Second, the YMCA engaged in viewpoint discrimination on public property and acted unreasonably in banning Jaman. The government engages in viewpoint discrimination when it allows speech favoring one side of a debate but not the other.
The City and the YMCA Violated the Fourteenth Amendment
The City and the YMCA also violated Jaman’s due process rights under the Fourteenth Amendment. The Due Process Clause prohibits the government from depriving an individual of fundamental rights absent due process of law…  Exercising First Amendment rights on public property is a protected liberty interest.
 
The YMCA banned Jaman for life immediately upon hearing her object to Adams’s presence in the locker room. It provided her no notice of its locker-room policy or that such objection would be deemed a violation of the YMCA’s conduct policies.
The City and the YMCA Violated Washington Law
The City and the YMCA also violated Washington common law. The statements that the City and the YMCA published about Jaman were false and defamatory per se, and the City and the YMCA acted in reckless disregard of the truth, at least.
 
Further, the City’s and the YMCA’s coordinated public relations campaign against Jaman amounts to the intentional infliction of emotional distress…  And both the City and the YMCA were negligent in various ways, including but not limited to failing to warn patrons that persons of the opposite biological sex may be in sex-segregated locker-rooms… 
The City and YMCA Must Cease their Unlawful Conduct
The City’s and the YMCA’s actions against Jaman were not only unlawful but also shameful. When an 80-year-old woman reasonably believes she is witnessing a crime against minors in a women’s showering area, the government’s reaction should be to gather all of the facts and learn what happened, not take sides in an ideologically charged debate.
 
Moreover, the public records obtained since the incident show City officials and YMCA employees engaged in a sophisticated and coordinated public relations campaign to smear Jaman and make her appear to be bigoted and dangerous to transgender individuals. This couldn’t be further from the truth. It is true that Jaman supports keeping women’s spaces reserved for biological women. But she does not harbor hate towards anyone based on their gender identity, nor has she ever engaged in harassment at the Pool or elsewhere. Yet that is exactly what the City and the YMCA have led the public to believe through their false and misleading statements.
Lead attorney, Harmeet Dhillon, closes with this:
 

“To remedy the unlawful conduct against my client, I demand the following: (1) the City and the YMCA lift the ban against Jaman; (2) the City and the YMCA issue a formal apology to Jaman for their actions against her; and (3) the City and the YMCA pay Jaman the sum of $350,000 for her emotional distress arising out of the incident.”

City officials and the YMCA CEO have until 5pm on Wednesday, March 27, 2024 to respond, or they can expect to meet Jaman, her local counsel Rosemary Schurman, and the Center for American Liberty — in court.

 

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To view previous reporting on this topic, go to our home page at the Port Townsend Free Press. Sixteen articles have been published covering this topic, beginning with the August 2, 2022 “Mountain View Pool Punishes Woman for Her Gender Expression and Identity.

 

Jefferson Healthcare’s Trans Mission —Suicide Risk as Emotional Blackmail

Jefferson Healthcare’s Trans Mission —
Suicide Risk as Emotional Blackmail

“The transgender rights movement has gone well beyond seeking equal rights. It seeks to liberate women without their consent from the legal protections associated with birth sex and even from the recording of birth sex… I have changed my mind with regard to certain transgender demands, including access to women-only spaces, after listening to women. Men are rarely, if ever, affected by transgender demands, so it is easy to say ‘yes.’ We must always try to imagine ourselves in the changing rooms, hospital wards, and prisons of lesbian, bisexual and heterosexual women.”
Professor Robert Wintemute, original Yogyakarta Principles signatory

————————————-

In 1964 or so, my pal Leah and I hatched a scheme to outwit the dress code enforcers in our small elementary school in a rural farming community of southern New Jersey. As was demanded by sex stereotypes at the time, girls were required to wear dresses/skirts, all logic against that tradition be damned, not the least of which was cold autumns and freezing winters. The school featured a playground with a basketball court, baseball diamonds, swings, a big slide and old-fashioned monkey bars… everything an active kid could possibly want. What young girls didn’t want was other kids (or adults) seeing up our dresses.

Leah and I were rough-and-tumble girls with lots of brothers. We were as fast and strong as any of the boys at that prepubescent age, but modesty prohibited our participation in a sport we both loved — baseball. One day we appeared at school with shorts under our dresses, and proceeded to head out to the diamond with the boys. It wasn’t long before our ruse was discovered. That afternoon, we each carried a note home from the teacher to our parents. Our scheme fizzled out before the sun set that night.

A few years later, as a young teenager, again I was sidelined as spectator, enviously watching my brothers and their mates enjoy Little League baseball to their hearts’ content. To assuage my longing, my brothers allowed me to catch practice pitches behind the backstop. It would be some years before the 1972 Title IX civil rights law paved the way for females’ access to sports spaces that males had previously dominated. We didn’t want entry into boys and mens locker rooms and showers. We wanted to enjoy the commons, which our parents’ tax dollars incidentally helped fund to provide for healthy lifestyles.

I could not have imagined that I would live to see the day when males would be not only welcomed, but lauded, for insinuating themselves into women’s sports and private spaces. The banner supporting males identifying as females is being carried by many of the very same women who were themselves forbidden by institutional policies and patriarchal norms from participating in a full range of sports not so long ago. Now they’re facilitating turning Title IX inside out to accommodate what are fundamentally misogynist urges — the emotions of males are more important than the intrinsic value of women’s sports and the physical safety of females.

In 1967, the first woman to enter the Boston Marathon was attacked from behind by a race official as she was running with a group of men. Fifty-five years later, I and numerous other women were attacked from behind by a body builder who identifies as a woman, who was trying to prevent real women from speaking in public. Cowardice appears to be characteristic of these fellows, and even that is welcomed and celebrated by the woke contingent that has possessed our society in general — for the moment.

Pennylvania Quakers’ swimmer Lia Thomas (Brett Davis-USA TODAY Sports)

Lia (William) Thomas, the now infamous biological male swimmer who imagines he is female, was a mediocre competitor among his own sex. His fortune changed last year. The news was so shocking, it made headlines around the world. “Thomas ruffled feathers last season as the swimmer set pool, school, and Ivy League records. Thomas competed for three years on the men’s team and was ranked 462 as a male swimmer, but shot up to number one after being allowed to join the women’s team last season.”

What does it say about this man’s character that he never stood a chance placing tops among males, but would relish purloining valuable awards in competition against women?

This chicanery is occurring in many women’s sports these days — cycling, skateboarding, volleyball, weightlifting, track, rugby and martial arts — I’m sure I’ve missed some.

Sports are an important part of our culture — teaching confidence and team-building, providing physical exercise and valuable win/lose life lessons, and opportunities for modest to spectacularly lucrative career opportunities, to name a few examples. But sports shouldn’t dominate the discussion around the so-called ’transgender’ issue because of their popularity.  This article will consider other crucial aspects of the debate, including institutional collusion and identity-politics activists’ manipulation.

HEI Leader Award slide from Transgender Navigator Jackie Levin’s 2/28/23 Jefferson Healthcare Board of Commissioners’ meeting

Celebrating a decade of “gender-affirming medical care”

At the February 28th Jefferson Healthcare hospital (JH) board meeting, Patient Advocate/Transgender Navigator Jackie Levin presented a slideshow (pps. 71-80) that spoke in glowing terms of the hospital’s progress in the last decade promoting and supporting the ‘LGBTQIA community.’ JH first applied in 2013 for the Healthcare Equality Index (HEI) Leaders award, sponsored by the American LGBT-interest activist group Human Rights Campaign (HRC), and has “achieved that every year since.”

Levin reported increasing numbers of people from the “transgender community” seeking medication and medical services providers:

We’ve done a lot with sponsoring events in the community and attending events in the community as well as bringing in physicians and other trainers for our staff, for our providers and we now have ten providers who are trained to help our transgender patients with their hormone replacement therapy. And we’ve got some real advocates in our OBGYN department. So it really feels like it’s really grown, we’ve made some strong connections with people in the community and I think that’s one of the things that’s really important.

An internal audit of patient charts was conducted last year, which Levin said “noted that legal sex is there… but somebody’s sex assigned at birth is [only] at 40% gender identity… pronouns are barely put in our Epic medical record, and so we’re going to be doing that for this year.”

Increasing complaints to the hospital about misgendering are particularly worrying:

Right pronouns are part of our access [to hospital services] — folks don’t feel seen if we don’t use their proper pronouns… It’s how we identify ourselves and if I mis-pronoun you, you’ll correct me and if I mis-pronoun you again, you may begin to wonder if I see you. And if I continue to mis-pronoun you, you’re gonna be wondering if you can trust me.

She paused to reinforce the importance of this convention:

Oh, I did want to add that there is a risk of, great, much greater, I mean like uh, 40% higher risk of suicide in youth if we’re not using the transgender persons appropriate pronouns.

That’s quite a distortion of the oft-cited, though poorly supported, claim that “transgender” people are at least 40% more likely to have attempted suicide in their lifetime than the non-trans population. For some time I have been curious about where that figure came from, and exactly which suicide statistics it referenced, so I set about to find out. More on that later… for now we continue our dive into JH’s keen interest in the HEI.

Human Rights Campaign (HRC) and party politics

HRC was founded in 1980. You may be familiar with the logo — a yellow equal sign (=) on a blue background.

Influence Watch, a project of The Capital Research Center, describes the organization this way:

The Human Rights Campaign (HRC) is the nation’s largest LGBT-interest activist organization and a prominent force in left-of-center politics. Together with the affiliated Human Rights Campaign Foundation charitable arm and super PAC, HRC has built relationships with powerful mostly Democratic Party politicians and major corporations, and has taken a leading role in Democratic Party politics and left-leaning activism. The group has faced criticism from the left over the years for insufficient zeal in securing its social-liberal agenda. …

HRC has leveraged its position as the largest advocate for LGBT interests to pressure major corporations, law firms, hospitals, and local governments into implementing and expanding socially liberal policies, supporting HRC financially, and withdrawing support from conservative and religious organizations through implicit threats of low scores on its Corporate Equality Index, Healthcare Equality Index and Municipal Equality Index “scorecards.”

Writing for the Free Beacon on May 15th, 2023, Aaron Sibarium penned an edifying analysis of the insidious tactics employed by HRC to coerce compliance within U.S. hospital systems —

Meet the Healthcare Equality Index, the Human Rights Campaign’s scorecard for hospitals that purports to measure the “equity and inclusion of their LGBTQ+ patients.” The index, which uses a 100 point scale, is [in part] funded by Pfizer and PhRMA, the trade association that lobbies on behalf of large pharmaceutical companies…

To earn a perfect score, hospitals must display LGBT symbols, solicit and use patients’ preferred pronouns, and conduct trainings on LGBT issues approved by the [HRC], according to the scoring criteria. They must also provide the same treatments for gender dysphoria that they provide for other medical conditions—meaning a hospital that uses puberty blockers to treat precocious puberty cannot withhold the drugs from children who say they’re transgender. And though the index does not mention medical conscience exemptions explicitly, it does penalize hospitals for allowing “discriminatory treatment that is in conflict with their non-discrimination policy.”

Once again, here we find direct involvement by pharma shills in the development of policies that require use of their products, in a manner that closely resembles blackmail. Don’t want to play ball? No “points” for you, and we’ve got the budget to make sure your reputation suffers for it. HRC also receives funding from major labor unions, Planned Parenthood and the Soros Fund Charitable Foundation. HRC and its Foundation reported revenue in excess of $65.56 million in 2020. A lot of societal pressure can be brought to bear with those considerable sums. Author Sibarium continues, describing the extent of the arm-twisting:

The most coercive part of the index is its “Responsible Citizenship” deduction. Hospitals can lose as many as 25 points for any behavior the [HRC] deems “discriminatory,” an expansive category that includes statements made by hospital doctors and policies that restrict access to gender medicine, including puberty blockers.

Last year, for example, the [HRC] deducted points from two Texas hospitals… because they stopped using puberty blockers to treat gender dysphoria but continued to use them to treat precocious puberty—the blockers’ original purpose.

That “amounts to discrimination against transgender youth,” the [HRC] argued in a press release.

What it really amounts to is a private organization’s social credit scoring system having potential legal impact, should activists get fired up and sue for not performing what HRC insists is “medically necessary affirmative care” such as hysterectomies and double mastectomies. “To cover mastectomies for breast cancer but not gender dysphoria … discriminates on the basis of diagnosis.” Wisconsin now requires their Medicaid agency to fund these procedures, the outcome of a 2019 court ruling.

Sibarium adds

Beyond the veiled legal threat, critics say the scorecard creates reputational incentives to defer to activists instead of medical science, which on transgender issues is increasingly in flux. Hospitals that do well on the index typically incorporate it into their marketing materials, issuing press releases about the quality of their LGBT care.

Our little hospital here in Port Townsend has been swallowed whole by this ideology.

The 40% myth

The most recent survey of gender self-identified persons was conducted in 2022 by the National Center for Transgender Equality (NCTE) — aka TransEquality — however its contents have not yet been distilled. Their latest published survey is now eight years old —

The 2015 U.S. Transgender Survey (USTS) is the largest survey examining the experiences of transgender people in the United States, with 27,715 respondents from all fifty states, the District of Columbia, American Samoa, Guam, Puerto Rico, and U.S. military bases overseas. Conducted in the summer of 2015 by the National Center for Transgender Equality, the USTS was an anonymous, online survey for transgender adults (18 and older) in the United States, available in English and Spanish. The USTS serves as a follow up to the groundbreaking 2008–09 National Transgender Discrimination Survey (NTDS), which helped to shift how the public and policymakers view the lives of transgender people and the challenges they face.

The 2008-09 survey (results published in 2011) pegged the lifetime attempted suicide rate at 41%; this latest 2015 survey, with more than four times the respondents, pegs it at 40%.

The 2015 summary also notes significant progress compared to the earlier survey in terms of community and family approval:

Respondents’ experiences also suggest growing acceptance by family members, colleagues, classmates, and other people in their lives. More than half (60%) of respondents who were out to their immediate family reported that their family was supportive of them as a transgender person. More than two-thirds (68%) of those who were out to their coworkers reported that their coworkers were supportive. Of students who were out to their classmates, more than half (56%) reported that their classmates supported them as a transgender person.

We are told that lack of affirmation of this group is causing a genocide. If that is the case, why has the significantly accelerating support for these people only yielded a one per cent improvement in that suicide stat? Could that figure be little more than hot air?

As with the ’08-’09 outreach, the 2015 survey utilized convenience sampling, a study design of the lowest quality with high bias probability. Respondents were self-identified. The survey was conducted by a highly-motivated activist group rather than an independent pollster, and hosted online by a consultant that “specializes in assisting education institutions in maximizing equity and inclusion…” (Survey questions can be found beginning on page 247 of the 2015 full report.)

A March 2023 peer-reviewed article titled “Suicide-Related Outcomes Following Gender-Affirming Treatment” speaks to the quality of the USTS, and other surveys like it. This is the most thorough review of the literature on the subject so far, revealing that shoddy research practices continually plague the field.  The author says “the literature to date suffers from a lack of methodological rigor that increases the risk of type I [false positive conclusion] error.”

This June 2022 study found:

a 14% increase in suicide rates among young people by 2020 in states that have a provision allowing minors to access care without parental consent relative to states that do not. Easier access to puberty blockers and cross-sex hormones by minors actually exacerbated suicide rates.

Not to be deterred, Governor Inslee signed a new bill on May 9th that will allow minors to shelter within “host” homes while they seek “gender-affirming care,” without knowledge or consent of their concerned parents (who are termed “estranged” in this legislation).

When Transgender Navigator Levin invoked the trans lobby’s questionable approximation of 40%, she neglected to add the critical qualifier of “lifetime attempted” to the word “suicide.” Then she really upped the ante by crediting the simple factor of misgendering with causal relationship. This is no trifling error on the part of a hospital employee who was essentially educating administrators and board members about these matters. It’s reasonable to assume that participants of that board meeting went away believing that using wrong pronouns increases “trans” suicide risk by 40%. Levin’s interest in advancing the goals of “gender-affirming care” is undoubtedly well-intentioned, but clearly misguided by propaganda that gets further distorted with each retelling.

The age-old chicken and egg dilemma

According to the American Academy of Child & Adolescent Psychiatry (AACAP):

The majority of children and adolescents who attempt suicide have a significant mental health disorder, usually depression.  Among younger children, suicide attempts are often impulsive. They may be associated with feelings of sadness, confusion, anger, or problems with attention and hyperactivity.

Among teenagers, suicide attempts may be associated with feelings of stress, self-doubt, pressure to succeed, financial uncertainty, disappointment, and loss. For some teens, suicide may appear to be a solution to their problems.

A Gallup poll published this week reveals record-breaking depression rates across America. Twenty-nine per cent of adult respondents reported depression throughout their lifetime. That’s nearly one third of the country, and it doesn’t include the youth — America has a mental health problem.

I doubt I’m the only one who views the populations described above as ripe for influence by a well-funded lobby that tells them they can be happy if they become someone else. Social contagion is real, and peer pressure is tremendously powerful.

So which came first — the mental health disorder or the gender dysphoria?

TransEquality would have us believe that their “community” is uniquely persecuted — that discrimination, mis-gendering, bigotry, threats of violence and other forms of rejection of individuals’ perceived identities are to blame for their elevated suicide risk. But is that really the case? Their 2015 survey design does not enable a view from outside the lens of gender-identity victimhood.

We have no idea how many of the 40% who claimed to have attempted suicide in their lifetime

  • did so completely unrelated to gender issues
  • had pre-existing mental health issues that they were or were not being treated for
  • were on psyche drugs that increase suicidal ideation
  • were plagued by chronic health issues as a result of “gender-affirming” medications
  • did so because their “transition” did not ultimately make their lives better
  • did so because their “transition” required surgery after surgery — not at all uncommon
  • did so because their “transition” left them with ongoing post-surgical pain, wounds that didn’t heal properly, or non-functioning new body parts — also not uncommon
  • did so because of regret for what they’d done to their bodies

Encouraging children, teenagers and young adults to hyper-focus on sexuality, themselves, their subjective “identity,” their looks and how they’re perceived by others, promises cultivation of entitled narcissists who are the center of their own universe. We’re raising generations of perpetual adolescents.  Coddling in this manner is not the path to a healthier community.

Interestingly, the survey reports a 29% poverty rate among respondents, despite an 84.2% “some college” through M.D./J.D. level education. The fact is, not everybody is willing to work for a living. Association of gender identity with mistreatment in the workplace can be misplaced.

Employees who are hair-triggered for the next micro-aggression are less-than-ideal contributors, often too busy self-obsessing and keeping score to apply themselves fully to the task at hand. I’ve met some of them.

This is a huge problem in the employment sector right now. I’ve spoken to numerous employers who are deeply frustrated, and quite hamstrung, by the dearth of skilled, mature candidates to select from to sustain their businesses.

What will this scenario look like in twenty years?

All is not well in the land of the Gender Unicorn

Has “gender-affirming care” (GAC) made life better for the “transitioners?”

The Tavistock Centre gender clinic in the UK has been shuttered and is now facing class-action lawsuits from more than a thousand former patients, many of whom say they were pressured by the medical community.  Alarmingly, their female referrals had grown 5,000% in 7 years between 2010 – 2017.  (“Trans” proponents insist social contagion is not a thing.)  Lawsuits against GAC medical practitioners in the US are looming as well.

Lack of fully informed consent is one reason the ranks of “detransitioners” is growing by the day. The Detransition SubReddit page currently has 47.3k members.  This is a big problem for the ideologues pushing the “trans” agenda, similar to that presented by defectors from religious cults.

I will leave you with the memorable discussion below that took place at the Genspect “Bigger Picture” conference in Ireland just last month.  I’ll be back soon with a report on the local impacts of this movement’s oppressive institutional elements that have infiltrated healthcare, education and every other system that orders American society today.

“A panel of detransitioned young people spoke about their lives, the context in which they came to identify as transgender, about the process of falling for what Stella O’Malley called “perhaps the most bewitching line in the world: that you can be a different person.” They talked about their interactions with a medical system that ultimately harmed them when they needed help instead, and how the stories they told themselves about transition fell apart. They talked about what real help might have looked like. “I realized that I didn’t have to live up to those expectations [of womanhood],” one young woman said, “and someone should have told me that when I was 14.”

A 48.7% Tax Increase?  Where’s the Fire?

A 48.7% Tax Increase? Where’s the Fire?

The shell game

Over recent decades, municipalities have been shedding responsibility for various community services by creating what have been dubbed ‘junior’ or ‘special’ taxing districts. Rationales range from increased service demands to vague descriptions of ‘modernization.” Though we’re typically promised greater efficiencies at the outset, the net effect across the board has been the expansion of local governmental jurisdictions with ever-increasing budgets that further burden the taxpayers. According to the most recent data from the U.S. Census Bureau, the state of Washington ranks eighth in the nation in states with highest count of special district governments.

Mechanisms exist for these special taxing districts to avoid significant new arrangements being put to the voters by employing the guise of “consolidations” and “interlocal agreements.” A number of these have occurred here in the last twenty years, not the least of which was the Port Townsend City Council-orchestrated “Pre-Annexation Agreement,” which essentially stacked the deck in favor of moving forward with plans local administrators already had in mind for East Jefferson Fire and Rescue (EJFR).

We’ve seen similar sleights of hand in every local agency in recent years. These shell games make it more challenging to watchdog revenue streams. If the city shifted funds that were originally earmarked for Fire/Emergency Medical Services (EMS) to the general fund, who would be the wiser?

Getting our arms around the levy lid lift

The lid lift proposal, if approved, will be permanent — that is to say, it will become the fiscal floor of any future levies. There is a statutory maximum of $0.50 for EMS and $1.50 for fire services, which can only be changed by the state legislature. We could use an honest discussion around the accounting gimmick of separating out Fire from EMS (they are mutually inclusive), but that’s a discussion for another day.

Owners of a home currently valued at $400,000 are paying approximately $0.85 per $1,000 valuation for fire services ($340) and $0.36 for EMS ($144), for a combined total of $484. The new rates of $1.30/$1,000 for fire and $0.50/$1,000 will rise to a combined total of $720 next year, a net $236 increase. Yes — the Fire/EMS property tax rate will increase from $1.21 to $1.80 per $1,000 valuation — a whopping 48.7%!

These individual examples are close approximations. Actual figures are based on total district assessments — once new construction, senior citizen discounts, and timber and utility levies are calculated. If assessed valuations go up, the levy rate goes down; if they go down, the levy rate goes up until it hits the statutory maximum.

This image would be more accurate if Fire and EMS were depicted in one slice — they are hand-in-glove at 16.08% of the 2023 pie.

 

Fires account for less than TWO PERCENT of calls – the vast majority come from PT senior living centers, for aid cars

According to EJFR’s 2021 Annual Report, EMS calls “remained steady” at three-quarters (75%) of the districts demand. Only 1.56% were fires. At a recent town hall promoting the levy, Chief Black said there were 5,029 calls in 2022. Roughly 70% of calls are within Port Townsend’s city limits, unsurprisingly dominated by the area’s senior living centers.

A friend who works for EJFR tells me that it’s not uncommon to get two or three calls a day from Avamere alone. That facility and Victoria Place are owned by mega corporations with annual revenues between $500 million – $900 million. Why should overburdened taxpayers (JeffCo’s median household income is $57,700) subsidize these affluent outfits? We could easily create a tiered fee structure for these heavy users that recoups a reasonable portion of district costs.

Volunteer vs. career fire districts — the macro view

The International Association of Fire Fighters (IAFF) is the primary union in the U.S. and Canada. An illuminating industry blog article from 2017 highlights some historical tensions:  [Editor’s note: this came from an unfunny April Fool’s false story posted to an industry website]

“In an incredible policy reversal, the International Association of Fire Fighters (IAFF) has called a truce on a decades-long feud with the volunteer fire service. It’s widely known that 70% of the American fire service is comprised of unpaid or barely compensated volunteers, while the remaining 30% are career staff. The large majority of firefighters in the United States are volunteers.

It’s been a long-held position of the IAFF that volunteer firefighters take jobs away from career firefighters, thus threatening the sanctity and long-term viability of the union. The IAFF’s continued mission to grow the union has been happening at a slower pace than planned…”

IAFF President Christopher Montgomery stated that it was time to rethink the 100-year-old IAFF platform. During a brainstorming session with the executive board of directors, the idea of unionizing volunteer stations was presented… After very little discussion it was clear the decision was pivotal and necessary for the health of the union.”

The Union über alles. Too commonly the institution itself becomes the raison d’être for its existence, especially when large sums of money are involved.  This is the natural trend for all governing bodies.

But it gets even darker, according to this Nov. 2021 article in The Hill…

“The ongoing challenges with recruitment and retention are compounded by the constitution and bylaws of the IAFF, prohibiting career firefighters from volunteering. These bylaws were codified in March and include “volunteering” in a list of serious charges such as embezzlement, assault of an officer, or membership in a terrorist organization. The penalty for a career firefighter donating his time to help a child who is having an asthma attack, or to respond to a car accident or participate in saving a neighbor’s home or business could be a “reprimand, fine, suspension from office, or suspension or expulsion from membership.

In states and jurisdictions with collective bargaining laws, the IAFF’s ban against volunteering is expanding past its bylaws with recommendations that are highlighted in the union’s “Model Contract Language Manual,” to prohibit a career firefighter from volunteering regardless of union membership.”

The micro view

My sources tell me that an effort to squeeze out the volunteers began in the early 2000’s, progressively leaving the department very close to 100% career (the IAFF played a role in that shift) despite the Annual Report’s claim of 30 volunteers. I’m told it’s more like 6 outpost volunteers (Airport Station, Kala Point, Marrowstone) with EMT certification, and a few support folks who can drive certain vehicles.  The word is that the Union shop has not been a friendly atmosphere for the volunteers for some time, so they do their own thing and respond to emergencies as needed.  If you look closely at the YES! yard signs on area lawns, you’ll see the Union logo.

What community doesn’t value its emergency responders? Ours are well trained and offer the district a high level of knowledge, skills and abilities. For that, they are well-paid, with the most senior employees earning pay packages topping $200,000 a year.

The median salary with overtime for EJFR’s 41 full-time firefighters/EMTs is $109,415, not including their generous benefits package — typically valued at an additional 40%, so roughly another $43,000+. On average, they work 8 days a month. These are 24-hour shifts where they are basically on call. They have a kitchen, showers, beds, television — most of the basic comforts of home.

In comparison, the average salary of PT police officers is $74,194. It could be argued that their job overall is as dangerous or moreso — dealing daily with homelessness, mental health, drug and alcohol related violence — and it doesn’t include nearly as many attractive perks.

What are the options?

This tax increase will have significant cascading impacts on residents with modest and fixed incomes, as landlords will be forced to raise rents for both residential and commercial occupants in an already-strained rental market. Many economists say the US (and its Western partners) are already in a recession that promises to worsen. What else could be done at this crucial moment to ameliorate EJFR’s cash crunch?

For starters, the administration and line personnel might take a 10% pay cut. Sound harsh? An average salary of $98,500 seems a respectable remuneration for a force for whom medical transports constitute three-quarters of a day’s work.

Combination departments: Restore some balance between career and volunteer crews. South Whatcom County Fire Authority (SWRFA), for instance, has a force of 21 full-time career and 35 volunteer and part-time FF/EMTs. South Whidbey Fire/EMS (SWFE) has 12 career and roughly 40 volunteers. Clallam County Fire District 3 (CCFD3) has roughly 40 career and more than 60 volunteers.

Special use assessments for high volume (eg. assisted living facilities) and high risk (eg. the mill) users.

Aggressive pursuit of grant monies, eg. FEMA’s Fire Service Grants and Funding (AFG), which provides funds for equipment, apparatus, training and salaries.

Develop your own immunity — to the scare tactics

Despite the district’s 1.5% fire calls figure, emotive images of blazing fires are employed in agency documents and marketing materials to engender empathy, support and — let’s face it — fear. So brazen is this campaign that, rather than a photograph of Chief Black and Asst. Chief Brummel on the Organizational Chart page of the Annual Report, there are pictures of — you guessed it —

Ours is already a highly fearful population who are easily convinced by these tired manipulations to demand the very solution that’s being put forward by their ‘trusted leaders’ without a drop of critical thinking. Legacy media and comment forums are peppered with snarky, alarmist replies to anyone questioning the lid lift — yeah, wait till your house is on fire!  It’s 98.5% more likely that you’ll have any other reason to call 911 in the future, so perhaps take added precautions to prevent slip-and-falls, heart attacks and strokes (hint: non-pharmaceutical for the latter).

It would be great if these tax increases covered the services most needed by district residents. Nope. Should you need a ride from uptown to Jefferson Healthcare in an ambulance, you’ll get a bill for about $1,000. Cardiac issues will be swept directly off to St. Michael in Silverdale to the tune of around $5,000. Any other serious illness or trauma will be taken to Seattle by helicopter, normally from Jefferson Int’l Airport. Make that $30,000+.

I learned an awful lot while researching for this story. Insiders subscribe to these services, and suggest we do too — Airlift NW ($60/household per year) and/or LifeFlight ($75/household per year) as backup to whatever insurance you may have, including Medicare (though you’ll need A and B), so you don’t get stuck with one of those big fat bills mentioned above.

Don’t believe the hype.  We are not at risk of being neglected by our first responders if this levy fails. The district could bring back to the voters a more reasonable rate increase that does not have such a deleterious impact. If both administration and line personnel agreed to voluntarily lower their wages, such an effort would go a long way in fostering support for the next round.

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Editor’s Note:  The original post of this article included a math error that has been corrected.

Celebrate Perversity!  Mayor’s Law Partner Condones Assault, Disorderly Conduct

Celebrate Perversity!
Mayor’s Law Partner Condones Assault, Disorderly Conduct

Meet Alexander Zachary French.

Alex French, 25, was arraigned in Jefferson County District Court on Monday, November 21st, for assault in the 4th degree committed on the evening of August 15th. That summer evening, across from City Hall, a press conference organized by women’s rights activist Amy Sousa following the expulsion of 80-year-old Julie Jaman from the YMCA, had turned ugly.

Regular readers will at least remember French’s blood-stained “Discharge” tee shirt. What we didn’t get to see before was his face, covered as it was by that toxic blue mask. Less than an hour before the above frame was snapped, French was pushing between and around women’s and men’s legs on the brick substrate alongside the Cotton Building, adjacent to Pope Marine Park, as can be seen in our previous coverage below. He wasn’t just somersaulting, crab-walking on his back and slithering, though. Six feet one-inch tall, 195 pounds — this hefty agitator was locking rally participants’ legs between his thighs, pushing his head against their groins and butts, disabling their sound equipment and taking their personal belongings.

The feature image is from police body cam footage taken that evening. The video reveals that French was taken by surprise to see a police officer as he strode cockily into the entrance of Elevated Ice Cream’s parking lot, shortly after he’d escaped the grasp of Officer Kamal Sharif and sprinted away.

His fingernails sporting dark polish, hands and shirt filthy from crawling around on his back for an hour — French recovered from his surprise and can soon be heard lying through his teeth, making excuses for himself, then chastising the PTPD for their lack of action on his behalf, ever the victim:

“So I laid down on the ground and they stepped on me and stuff like that, but I didn’t do anything wrong.

I was a little upset by the response from the Port Townsend Police Department, I’m not gonna lie — they weren’t really havin’ my back at all. Not that I wanted them to have my back, but I just wanted them to look out for me… I didn’t do anything anybody else wasn’t doing. All I did was sit there, and sit there, ya know…

I have a lot of PTSD and I’ve always been scared of the police. Like every time I talk to you guys it’s really upsetting… like when you guys pulled me over the other day… I was chill, you know, I usually have a panic attack after I talk to the police…”

In this four-minute video from Aug. 15th (“Protester Shows His Instability”), French tells one of the women he’d just assaulted and robbed that he’s a local and talks to the cops “all the time.” Mm hmmm.

Beginning at around 3 minutes in that video, you can watch what French calls “just sitting there” as the women’s press conference begins — the video quality is poor, but does prove unequivocally that the young man has no tether to honesty. In a turbulent frenzy, he slithers, spins and tumbles wildly on the pavement around Sousa, the first speaker.

Following his spinning and writhing display, French started to work his way at ground level among other people who were trying to protect speakers and equipment. In this 2-minute video below, French can be seen sitting on the ground bumping his head into organizer Amy Sousa’s backside — pausing to lower his mask and yowl at the top of his lungs — as his young lieutenant pokes Sousa with his cardboard sign.

Click on image to play.

French’s last act was one of attempting to push back and reach between the legs of one of the guardians, head ground into his crotch, to unplug the sound system. It was at that point that police finally intervened. Officer Kamal Sharif makes his presence known in bottom right photo.

At the point French was confronted by police, another agitator grabbed Sharif’s vest to prevent French from being nabbed. That distraction allowed him to slip the officer’s grip and he ran off.

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Official Police Report

Officer Sharif filed an incident report/probable cause statement on August 17th. The following are excerpts from that report.

“Upon my arrival, I noted that there was a crowd of approximately 250-300 people gathered in the area.  Among the crowd were multiple subjects who were wearing dark clothing with their faces concealed with large backpacks.  I am familiar with these types of attire based on my several years of working the May Day protest/demonstrations in Seattle as a bicycle officer.  Officer Titterness and I patrolled the area on foot.”

This body cam video shows the officers shadowing a pair that they’d identified as carrying a baton and a knife, and they suspected a gun.

Sharif describes being contacted by Julie Jaman’s daughter, who told them that Jaman was being assaulted by people who were constantly bashing into her.  He recommended that if they didn’t feel safe in the crowd, they should remove themselves from it.  Then he describes approaching the speakers, where he caught French in the act of assault.

“Alexander was on the ground with his hands and feet backing into people backward intentionally.  From my viewpoint, he was not able to see who or what he was backing himself into.  I saw him back into Julie while on all fours almost knocking her off balance, but she did not fall.  I also saw him, shoulder-checking people, but was not sure if that was the group that he was with no one came up to use [sic] to report it.  Of note, there were a lot of people in the crowd, and it would not have been safe to enter the crowd at the time. Julie ran out and contacted us again.  She reported that someone was going to get hurt if we did not do something…

We began getting more reports of assaults occurring in the crowd.  We formed a team and went into the crowd to detain and speak with Alexander.  We entered the crowd, to contact Alexander.  As we approached the southeast corner of the building where all the commotion was occurring, I saw Alexander who appeared to be disabling the sound system that Julie was using along with the other speakers. There was a small group of elderly men trying to keep Alexander from disabling the system by attempting to block him from it. Alexander was crouched down pulling between their feet.  I reach for him with the intention of escorting him out of the crowd.  It was at this point that the suspect in the assault 3rd-degree case, later identified as Ryan S. Harris DOB: 04/08/1978 physically prevented me from detaining Alexander by grabbing me from the left side of my body on my vest causing me to use my left hand to physically get him off me.

This deliberate act to interfere and obstruct my lawful duty to detain Alexander for assault 4th degree allowed him to escape custody at the time.  Officer Stanton and Officer Titterness were able to detain Harris who was subsequently booked on assault 3 on me.

Based on my observations and the statements from the victim, there is probable cause that Alexander Z French DOB: 12/09/1997 violated RCW 9A.36.041 assault in the 4th degree when he “bashed” himself into Julie Jaman’s ankle causing her to almost lose her balance.”

In later conversations about that night, many of us asked, “Who are these people?  Are they from Seattle?  Portland?  I didn’t recognize any of the agitators…”  Ryan Harris, the fellow who prevented Sharif from grabbing French, lives on Hastings Avenue.  The tattooed thug who body-slammed me and so many others, and knocked Rachelle Burt Merle to the bricks, also lives in Port Townsend, as it happens.  Just the kind of neighbors I’ve always dreamed of…

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Meet Sam Feinson.

Law partner of the self-avowed “pervert” mayor of Port Townsend, David Faber. Legal counsel for Alexander Zachary French.

Sam Feinson, FaberFeinson PLLC

At French’s arraignment, Feinson denied that his client behaved in a way that disturbed a lawful gathering, insisting that nothing French did at that event rose to the actionable legal premise of probable cause for his arrest, saying:

“What we don’t know is if he disrupted anything at all.”

Prosecutor Chris Ashcraft shook his head and shot back, prefacing his remark by acknowledging that he generally finds Feinson reasonable to work with, but he found this defense “disingenuous”.

“I’m shocked he would make that statement,” Ashcraft said. “Everyone knows what went on that day…” He proceeded to list items from the probable cause affidavit that was before the judge.

Feinson repeated that his client “did not disrupt a lawful gathering,” adding that people were “speculating, talking about one person among 250-300 people” — as if it were impossible for a single individual to impact an event.

The pro tem judge ruled in favor of the prosecution, agreeing that there is probable cause and ordered that the case go forward. A pre-trial status hearing is scheduled for January 18th, 2023, and a jury trial is tentatively set for February 9th.

Though Sam Feinson isn’t known for social media posts about having sex with chickens and dogs, like his partner David Faber, he did get some attention for this tweet to women’s rights activist, Mattie Watkins, insisting that the biological male Julie Jaman encountered in the locker room on July 26th was really a woman, because — he said so:

@bald-barrister, “…Your strange obsession with her genetalia” [sic]… meaning “her” penis.

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The Arrest

Officer Sharif decided not to pursue French at the moment the perpetrator escaped his grip and fled on August 15th, choosing instead to investigate the multiple reports he’d received from victims and witnesses that night.  Social media posts seen days after the event claimed French was seen in various places on Whidbey Island. There doesn’t appear to be a 4952 Ravenridge in zip code 98368. In this shocking 59-page incident report prepared by Officer Titterness, French is also listed at 441 Van Buren (p. 12), 4952 Ravenridge Drive, Freeland (p. 23) in addition to being referred to as “transient”(p. 1). Perhaps that’s not even his real name. The report includes numerous first-hand accounts of injurious assault, robbery and theft. Why he is not being pursued by prosecution for all that is a mystery.

On September 3rd, a rally organized by members of Washington Three Percenters and the Proud Boys, ostensibly in support of the women and men who were verbally and physically attacked there by the hateful mob a couple of weeks earlier, drew a large crowd of pro-trans opponents as well as roughly 50 law enforcement officers from the city, county and state. As fate would have it, Alexander French could not resist the call of the wild, his chance to be “victimized” once again.

On the lookout, PTPD Officer Chase Stanton spotted him entering the public restroom in the Cotton Building. According to his Supplemental Report filed on Sept. 4th, he contacted his team, and entered the bathroom with two JCSO deputies. The arrest was filmed by law enforcement body cams, the footage of which was acquired through public records requests by Crystal Cox, one of the many women who were assaulted on August 15th.

Handcuffing

French was clearly stunned to be nabbed by police, so successfully had he convinced himself of his own innocence. Not long after he was led outside, he began vomiting into a nearby planter.

Not feeling so hot now

He was eventually asked to sit down on the planter edge, and in no time at all uttered what was surely yet another falsehood.

“I shouldn’t a come down here. I just came down to use the bathroom, then I was gonna go home.”

After French was searched prior to crawling into the Sheriff’s van for his ride to the jail, his phone, wallet and car keys were handed off to a female friend.

Into the JCSO van

She was at the August 15th event, too. When the officer asked who he should give his possessions to, French pointed and said “that girl.” He then called to her to ask, “Would you call my dad?”

Cell phone screen shot of French’s booking.

French’s booking included 1 count of assault, 2 counts of theft and 2 counts of robbery.

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On September 5th, this GoFundMe (GFM) fundraiser was created by Tom French:

Tom French was asking for donations to his legal fund to “Free Alex French.” Relationship between the two is undetermined.

The text is rife with errors — in fact, nothing within it is accurate, including the date of the arrest. The campaign garnered $340 before it was halted by the organizer. Did the anonymous $200 donation come from a local attorney known to support the trans agenda? Did that same attorney approach French to offer his service — perhaps pro bono — of representation? We don’t know, but we’d like to. We do know that French was not screened for a public defender, which is a bit odd for someone whose legal aid had just been the subject of a GFM fund-raising campaign.

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More incongruities, evidence from August 15

In this body cam video, Officer Marc Titterness is moving away from the crowd, and approaches other PTPD members. Officer J. Stuart says to him “at some point Jason wants me and Chase to go inside, so will you guys kinda hang out over here [aiming his thumb in the direction of the front steps of City Hall] and not get involved in that?”

Titterness responds that he’s “keeping an eye out for a big guy with a metal can [a string of unintelligible words] and that’s felony assault, that’s why I’m keeping my eye on him. That’s what I’m watching.”

The men are then approached by three women and a man insisting that they come over to aid and prevent harm coming to the speakers. They’re told that it is not the role of the police to prevent harm, only to respond if it occurs.

One of the officers expresses concern that an assault may occur, but the police are redirected to monitor the City Hall entrance instead. By that time, only a small overflow from a filled council chamber was milling about while, upstairs, a woke city council was heralding Port Townsend’s new trans rights proclamation. It made no sense that law enforcement should retreat from ‘keeping the peace’ to what was clearly a safe, inactive position where they couldn’t even see what was going on in the theater of strife.

This is from the PTPD webpage:

We strive to be fair, courteous, and respectful to whom we serve and come into contact with. We genuinely desire to partner with our community to reduce crime and the fear of crime, promote all aspects of safety, and strive to protect and serve the community in which you live, work, and play.

As Chief, I believe in strong leadership, transparency, and accountability from every member of the Department. My priorities include being responsive to our citizens, conducting thorough criminal investigations and enforcing traffic laws to improve the quality of life within our city. I recognize our ability to serve and maintain public trust is predicated largely upon our actions. Therefore, we shall strive to earn your trust every day we serve.

Some of the police seemed concerned to leave the Sousa/Jaman event given what they viewed as the potential for violence. Mayor Faber pronounced that evening “beautiful.”  Something’s not adding up.

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“I have a question for you. When you were a little boy,
is this the man you dreamed of becoming?”*

From the looks of things, Alexander French has zero experience with taking personal responsibility for his actions. If Sam Feinson has his way, that won’t happen this time, either. Restorative justice might advocate for French having to sit down and watch the videos taken on the afternoon/evening of August 15th, followed by all of the filmed denials of everything he’d done that day, and his subsequent defense and disavowal of it.

What chance does this young man have to live an authentic, fulfilling life when the adults in his circle support his lies and misdemeanors with more lies and protection from accountability?

It has been said that “every perpetrator was a victim.”

What has happened in his young life that encouraged the sort of behavior displayed on August 15th? Why did so many of the people in that crowd support it?

How was he convinced that he must go to these lengths to ensure that males can enter female spaces? Or is that not his mission at all? Is he on pharmaceuticals known to contribute to aggression, belligerence, the inability to consider consequences, thus always on the lookout for opportunities to go rogue?

At this juncture we can only guess. Alex French is certainly a victim of these culture wars — as are his peers — born into a degenerate system that was waiting for them with open arms and closed minds.  When I imagine the future 25 years from now through the lens we were given that day, it appears very bleak indeed.

* Author Michael LaRocca

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Special thanks to Crystal Cox for her diligent investigative work and sharing of public records acquisitions.

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See our previous in-depth coverage of this topic:

Women Seeking Civil Rights Stand Up to Mob Hatred and Intimidation in Port Townsend

Reporting from the Frontlines of the Woke Battlefield

Came to Listen, Sickened by Mob Violence and Hypocrisy

City Officials Lead Hate Campaign Against Women

PUD “Slowly Moving” from Jab Mandates?Not So Fast!

PUD “Slowly Moving” from Jab Mandates?
Not So Fast!

Jefferson County PUD leadership, including the General Manager, legal counsel and two-thirds of the elected commissioners (the Fab Four) have not gone so far as The Atlantic‘s Prof. Emily Oster in asking for “pandemic amnesty,” but they share her interest in ignoring a dark and still-open chapter from our Public Utility District’s recent history — just moving on, turning the page — pretending their mandate was not the crime that it was.  And still is.

At the November 1st PUD meeting, GM Kevin Streett dropped this lame stratagem at the very end of his manager’s report:

“Well, on our vaccination policy, we have come to agreement with the Laborers Union. We’re moving forward with non reps [non-represented employees] and contractors. I did talk to the IBEW late yesterday, and again this morning. We feel there is a pathway forward for us, so I will keep the board informed. But per the Governor’s resolution, that took some of what he had imposed, [it] went away. As of tomorrow, we will slowly be moving in a little bit different direction with our vaccination policy. And with that, we’re done.”

“A pathway forward.”  Moving “slowly,” in a “little bit different direction.” Weasel words for a weaselly policy shift. You’d think he was negotiating an end to the war in Ukraine. No, simply reversing a year-long wrong-headed and deleterious decree.

Commissioners Jeff Randall and Ken Collins, General Manager Kevin Streett

My public comment followed immediately after.

“Good afternoon, Commissioners. Thank you. Ken. I hope that you’ve heard about the case in New York, where the court lifted the mandates for New York City employees. They have to have back pay, they get their jobs back, and the mandate was called arbitrary and capricious because of how they treated people differently, and other details. But the PUD has violated all the same things, and it is just, it’s beyond unconscionable that you’ve dragged your feet like this. The only PUD — twenty-six other PUDs did not do this. You did not need to do this, and you still manage to drag it out for a year. It is just unconscionable.

I don’t know — if this doesn’t make you feel ashamed, I don’t know what would. We knew a year ago that these products did not prevent transmission and infection. I will read to you from the Free Press article that went out last December, where Kurt Anderson is reminding you…”

I proceeded to read a paragraph from the Free Press Dec. 23rd, 2021 article wherein this courageous soon-to-be-fired lineman addressed the absurdity of the mandate. Counter-factual discrimination was the rule:

One only has to look to the PUD roster to see this truth, after being fully vaccinated a PUD employee contracted covid. The fully vaccinated coworkers of this individual were allowed to continue working regular and overtime hours, the unvaccinated coworkers were sent home on unpaid time off for 10 days quarantine with the requirement to complete a covid test as directed by the county health department, option to use PTO [paid time off] allowed. Some online training classes were set up to help offset the unpaid time off.

I returned to my own comment:

“These are exactly the sorts of things that were in that lawsuit in New York. And, frankly, you really deserve to be sued for this. It was so unjust, and the fact that the rest of the PUDs did not do that simply exposes you… it’s mendacious, is what it is.”

At that point, just over two minutes into my comment, board chair Ken Collins abruptly stopped me with “thank you for your comment,” moving on to ask if anyone else had a comment.  My audio still on, I responded “You’re not supposed to cut off the commenters, Commissioner…” I had intended to say more, but lost my train of thought with his autocratic interruption.

Arbitrary and Capricious

The New York Superior Court October 24th ruling laid the case bare, concluding that the mandate was “arbitrary and capricious” on numerous counts [see p. 13]. Here is an excerpt:

The vaccination mandate for City employees was not just about safety and public health; it was about compliance. If it was about safety and public health, unvaccinated workers would have been placed on leave the moment the order was issued… we shouldn’t be penalizing people who showed up to work, at great risk to themselves and their families, while we were locked down. If it was about safety and public health, no one would be exempt. It’s time for the City of New York to do what is right and what is just… The terminated Petitioners are hereby reinstated to their full employment status, effective October 25, 2022, at 6:00AM.

And so should be the case with fired PUD employees (reinstate full employment with back pay) and with contractors. The National Law Review provided a Covid-19 litigation update in this Oct. 21st report, showing that legal efforts seeking redress for these injustices are nowhere near over:

Of late, the greatest source of new cases challenge the steps taken to stem the COVID-19 tide, in the form of vaccine mandates. The number of such lawsuits has surpassed 1,200. Many of these complaints opposed governmental mandates at all levels, Biden Administration efforts to implement mandatory vaccinations upon large swaths of the U.S. workforce often being the targets. Overall, however, approximately 70 percent of these lawsuits have been filed against individual employers that have adopted policies requiring vaccination as a condition of employment.

PUD Dishonest from the Outset in Union Contracts

For months now I’ve been Zooming in to PUD meetings to inquire about the timeline for dropping the bogus mandate. I was initially ignored, then GM Streett began blaming the holdup on the unions. A public records request did not confirm that to be true, but revealed that the IBEW business representative, Jonathan Finch, perceived the mandates to be an obstacle to enticing new hires in this communication with the PUD HR manager on July 22, 2022:

“Additionally, your team approached this office with a desire to roll back the vaccination mandate for work on the property. I have some ideas of what that might look like and would like to have further discussions. This too may have an impact on recruitment.”

The Zoom meeting where the incentives and jab mandates were covered happened on August 8th. The Open Records Act didn’t require recording of that internal meeting, so we are not privy to what happened there. We are also not privy to Finch’s singling out “work on the property” in the mandate “roll back.” What does this mean for those who work in the field? I also recently learned that legal counsel Paisner’s communications are not subject to the Open Records Act because he is not a PUD employee, he’s a consultant. Have strings been pulled behind the scenes since July to maintain the mandate proponents’ position until the clock runs out on Dec. 31st?

The preamble of the Memorandum of Understanding (MOU) with the Laborers and International Brotherhood (IBEW) Unions presents the foundational lie:

“…The [Governor’s 21-14-COVID Vaccination Requirement] Proclamation prohibits state agencies from permitting contractors who engage in work for the agency if the personnel performing the contract (including subcontractor personnel) have not been fully vaccinated against COVID-19 as set forth in the Proclamation. Jefferson County PUD has a contract with WSDOT and, as part of the performance of that contract our personnel are subject to the vaccination requirements set forth in the Proclamation.”

Fact Check: Misinformation!

Jefferson County was the only PUD out of 27 in Washington State to choose this route. The other 26 followed the Washington PUD Association’s (WAPUDA) guidance issued after consultation with the WSDOT, exempting PUD’s from the vax requirement. The drive to impose a mandate came from GM Streett, counsel Joel Paisner and Commissioners Collins and Randall.

Legal Counsel Joel Paisner – shielded from Public Records Requests?

The IBEW and Laborers’ Unions represent thousands of utility workers in Washington. JPUD employees appear to be the only ones in the state restricted by a mandate that was signed into effect on October 25th, 2021, strangely set to expire at the end of 2022. Why this artificial deadline so far out, when breakthrough infections were already occurring? Why is the Union official so tentative in his language, nearly as cautious as Streett, about dropping the mandate when the MOU says it can be ended at any time by mutual agreement?

Emergency Orders and No-Bid Contracts

There is suspicion that the molasses pace of rescinding the jab mandate has more to do with the bidding process than protecting public health. As we reported in February, the winter storm at the end of 2021 opened the door for a Declaration of Emergency, which opened the door for no-bid contracts. Miraculously, the outcome coincided with the Fab Four’s strident wish for a “fully vaccinated” PUD. The whole process was suspect. Our dock crew — the back-up electrical line crews that smaller PUDs rely on to get through emergencies like the one we just experienced — was FB Titan. They were essentially fired by the new JPUD policy, explained in our coverage at the time:

Streett said Titan left because of the mandates and “vaccinated crews were tough to come by.” He claimed that there were some locally, but they were busy. He admitted that Palouse “is a bit more expensive.” Commissioners Dan Toepper and Jeff Randall inquired further about bidding, with the latter asking if there will be a bid process. Streett replied, “For the next while Palouse will be our contractor… We’ve gone through our [RCW] obligations, it was difficult” referring to the challenge of finding vaxxed crews.

Yes indeedy, Palouse is a bit more expensive than Titan. Roughly 100%, at last tally. I won’t be expecting an honest accounting from our PUD any time soon. Maybe ever. Then there’s the added expense to the customer/owners, aka ratepayers, of now needing hiring incentives like moving and housing expenses and guaranteed overtime.

The PUD will cry foul, and say that recruitment has been difficult for most utilities for years. Exactly. That’s probably why all the other PUDs, and the investor-owned utilities too, decided that a jab mandate was a terrible idea.

Did the delay in rescinding it have anything to do with state bidding requirements or retaining Palouse through next year?

They can’t say they weren’t warned.

Free Press editor Ana Wolpin’s coverage of the PUD’s October 4, 2021 meeting detailed employee and customer-owners’ realistic concerns. She reiterated what she had already put in writing to the board:

1) Given the well-documented viral spread by those fully vaccinated for Covid, why are the unvaxxed being singled out as potential health threats? On its face, these mandates are simply a way to stigmatize those who are refusing experimental shots. There is a growing body of evidence that the mandates are political, not valid health measures.

2) Our PUD cannot afford to lose more staff. Attracting qualified employees has been a challenge for Jefferson PUD without this added restriction. Loss of staff if a mandate were to be enacted could potentially cripple our utility’s ability to function.

After absorbing what took place at that same meeting, I wrote to the commissioners and GM on Oct. 7th, 2021 with my observations:

Gentlemen:

I listened to the recording from Monday night’s meeting. I wish to raise a few concerns.

Jeff — to suggest that “debate” in the chat box is somehow problematic for a Public Utility District indicates contempt for democracy and the first amendment. You basically said “we gave you your three minutes (which we are not obligated to respond to), shut up and move along now. We’ll take it from here.”

Some of us are not willing to move along now. The chat box is one of the few remaining community forums that we have a paid right to access. Our voices are censored from local media, and now it seems you would like them confined to three easily-ignorable minutes per agency. Perhaps you would like them removed from the public square entirely.

Most of us in this small town do know someone who works in the JH hospital system. I’m hearing a different story than “the hospitals are full of unvaccinated covid patients.” I’ve heard that half of the covid patients are at least partially jabbed. I hear that JH is internally in chaos.

Hospital administrators bear great responsibility for this meltdown. Twelve-hour shifts, requirements for cross-training, unpopular managers and mandated jabs have all contributed to staffing issues you readily blame on the unvaccinated. Shrinking staff results in shrinking beds. Our hospital is not “full.” It is understaffed, and according to many who have or continue to work there, poorly run.

Ken — your intimation that those of us who listen to the many renowned scientific/medical experts (now censored) who have no ties to industry/NGOs, or the agencies that lubricate their influence, are plagued by confirmation bias is patently offensive. That suggests you feel you are above confirmation bias. Please…

Local electeds’ continual alluding to resisters as partisan is pure projection. A lifelong independent voter, my party activism consists solely of caucusing for Dennis Kucinich. I’ve wanted nothing to do with aligning with either of the majority parties, which I view as toxic wastelands.

I don’t imagine that the unions or either of you would be in favor of these mandate policies if they came from Trump, or if our governor was a Republican. I recall the video of Kamala Harris stating defiantly that she absolutely would not take a vaccine that Trump mandated. Now the administration she is part of is simply playing through with the same Operation Warp Speed conceived during Trump’s admin. The Dems, including the rank and file, are blindly unaware of their own unbridled political partisanship.

The jabs are not preventing transmission or infection. Their purported benefits are grossly exaggerated while the serious risks are minimized. Many whistleblowers are saying the hospitals are not full of unvaccinated people, rather people who have had one or two jabs. They’re threatened with their jobs for speaking out about it.

If these mandates were truly necessary for population-wide public health, there would be no exemptions for anyone, including congress, the “vaccine” makers, USPS and all the rest of the uber-menchen I sent along earlier.

This is not about public health. If you don’t have the time or desire to dig deeper than NIH, CDC and FDA special interest-conflicted Newspeak and do your own research, don’t condemn those of us who make it a priority.

Annette Huenke
District 1

Commissioner Collins replied less than 2 hours later:

Annette,
There is absolutely no point in trying to have a dialogue with you on vaccine mandates.

Kindly do not copy me on future emails as you will not get a response.

Sincerely,
Ken Collins

Commissioner Collins’ rejection of dialogue around “vaccine” mandates a year ago persists today, as revealed in his cutting me off mid-comment at the November 1st meeting. All too common in government today, he views himself above having to defend his position.

I saw him walking across the street in downtown PT a couple of weeks ago on a nice fall afternoon, wearing one of those blue polyester masks that don’t prevent viral or bacterial spread, but do shed microplastics when you breathe. Not a soul anywhere near him.

It appears that our rights end where his fear begins.