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Eighth Amendment Features in Supreme Court Case on Homelessness
Author: Abbie VanSickle
A group of homeless plaintiffs argue that local laws aimed at banning sleeping outside violated their constitutional rights. The city claims that’s not what the Eighth Amendment means.
Summer Lee Has Been a Vocal Israel Critic. Will It Matter in Her PA House Primary?
Author: Katie Glueck, Anjali Huynh and Jeff Swensen
The race in Pennsylvania once seemed primed to become a major test of Democratic attitudes about the Middle East. But in much of the district, an expected ideological battle has not arrived.

Seattle Times Politics

Spurred by teen girls, states move to ban deepfake nudes
Author: Natasha Singer

Legislators in two dozen states, including Washington, are working on bills, or have passed laws, to combat A.I.-generated sexually explicit images of minors.
WA solar energy projects getting $156 million in federal funds
Author: Isabella Breda

The Environmental Protection Agency announced total of $7 billion in grants for solar energy programs across the U.S.

The Chronicle - Centralia

Grants Pass council president and her mother first in line, camping out on the edge of U.S. Supreme Court

Grants Pass City Council President Vanessa Ogier and her mom Cindy Ogier arrived Saturday in Washington, D.C., and snagged the first spot in line to camp outside the U.S. Supreme Court, hoping to be among those allowed in the limited public seating for Monday’s oral arguments on a case that originated in their hometown.

Lawyers for Grants Pass will urge Supreme Court justices to overturn a lower court’s ruling that barred the southern Oregon city of 40,000 from enforcing anti-camping regulations against “involuntary homeless” people who have nowhere else to go.

A decision, expected by the end of June, is expected to be one of the most significant rulings to address homelessness in more than four decades.

Vanessa Ogier, 31, and Cindy Ogier, 62, rented an Airbnb nearby and have taken turns maintaining their space. Sitting in camping chairs beside the hedge bordering the south edge of the courthouse, they were dressed in extra layers Sunday night under cloudy skies as the temperature was forecast to dip to the low 40s.

The elder Ogier said attending a Supreme Court hearing has always been on her bucket list and this one drew her because of the local connection and the issue’s complexity.

She said she opposes the use of the city’s parks for public camping and hopes for a humane solution, though isn’t sure what that is.

“It’s a hard one,” she said. “I don’t think anyone’s going to win.”

Council President Vanessa Ogier said she’s glad the Supreme Court agreed to review the lower court’s ruling, but directed any other questions to the city’s legal counsel. She said she’s been on the local council for four years but took the helm as its president in January.

Just before 7 p.m. Sunday, attorney Sybil Hebb arrived in the line, setting down her blue REI chair for the seventh spot.

Hebb is director of legislative advocacy for the Oregon Law Center, where her colleague, litigation director Ed Johnson initiated the case on behalf of a class of homeless people in Grants Pass.

Johnson helped Hebb get settled. Hebb wore a heavy down coat and scarf wrapped around her neck. She also brought an extra blanket and wore a gray knit hat with a LED light in the front.

“Oregonians are prepared,” Johnson quipped.

Johnson will be appearing before the Supreme Court for the first time since he interned there as an undergraduate in the summer of 1989. He said he’s already made sure that the charcoal-colored suit he’ll be wearing adheres to the Supreme Court’s dress code for lawyers who appear before it. (A guide for lawyers appearing before the court says the appropriate attire is “conservative business dress in traditional dark colors, e.g. navy blue or charcoal gray.”)

Hebb said the last time she slept out overnight to attend an event was for a Nine Inch Nails concert.

As she settled in, she chatted with her new neighbors in line – court watchers from the Philadelphia area — arranging with them ahead of time to keep an eye on each other’s belongings to take restroom breaks. They filled her in that the closest 24-hour restroom is in nearby Union Station, the city’s main train station.

Hebb and others packed more appropriate courtroom attire in their bags and planned to change if they got inside. She said she had a dress buried in the bottom of her backpack and expects that it will likely be full of wrinkles by morning.

A woman who gave her name as Maggie G. said she rode an Amtrak train from Seattle to attend the oral arguments and has been staying inside Union Station and sleeping on a camp mat near the National Mall since Thursday night, when she arrived after her five-day trip. She said police told her she could stay on a park bench from an hour after sunset to about 30 minutes before daylight.

She described herself as homeless and on Social Security disability while living in Port Townsend on Washington’s Olympic Peninsula, where she attends city council meetings to advocate for homeless people.

“I am committed to this because it’s deplorable that we do not have the housing inventory needed in this country, and then police just go around and arrest people over and over and over again,” the 59-year-old woman said.

She said she took a shower at a local Methodist church and left her luggage at the Balance Gym Capitol Hill before joining the line outside the Supreme Court about 9 p.m. Sunday.

If she gets into the hearing, she’ll have pen and paper in hand to take notes and report back to her city council.

The Supreme Court’s website alerts visitors that some cases attract large crowds, with lines forming “well before the building opens” for the limited public seating.

As the sun set Sunday, the line was about 20 people long.

©2024 Advance Local Media LLC. Visit oregonlive.com. Distributed by Tribune Content Agency, LLC.

Former Washington police officer sues city over vaccine mandate, alleges discrimination

A former Bellingham Police Department officer has sued the city of Bellingham over a former mayor's COVID-19 vaccine mandate for employees, alleging that the city discriminated against him due to his religious beliefs when it fired him for failing to comply with the vaccine mandate.

Joshua D. Wilson filed a civil employment lawsuit April 3 in Whatcom County Superior Court against the city. Wilson's lawsuit argues that the city violated the Washington state law against discrimination, which prevents employers from firing people from employment on the basis of religion or creed, according to court records.

Wilson's lawsuit states he has "bona fide religious beliefs that prevented him from taking the COVID-19 vaccines," and that he informed the city of those beliefs, but that the city discriminated against him when it failed to reasonably accommodate him and subsequently fired him, court documents state.

Wilson is seeking general and special damages, including lost wages and benefits, attorney's fees, declaratory relief that the city and Bellingham police failed to implement policies and procedures that encouraged engaging in a meaningful analysis of what accommodations could be made for people asserting their religious beliefs against being vaccinated, a judgment that the city's acts and practices are in violation of state law, and declaratory relief that the city's accommodation process failed to meet the minimum standards required by law, according to the records.

Wilson is one of four Bellingham police officers who have sued the city over the vaccine mandate, and one of five total city workers who have sued in county court, according to more than 100 pages of court documents obtained and reviewed by The Bellingham Herald. The other worker who has sued is a former Public Works employee.

 

Mandates issued

Former City of Bellingham Mayor Seth Fleetwood issued an executive order Sept. 21, 2021 requiring all city employees to be vaccinated against COVID-19 by Dec. 3, 2021 as a condition of employment. The order required volunteers and contractors entering into new agreements where individuals would be working inside city facilities to also be vaccinated.

The order stated that employees "seeking reasonable accommodations for legitimate medical reasons or sincerely held religious beliefs may apply for an accommodation no later than close of business on October 15." Employees who were not vaccinated, or had not been granted an exemption and accommodation, by the deadline would be "deemed not meeting a condition of employment. Customary discipline steps will be followed that will most likely end in termination of the employee," Fleetwood's mandate stated.

Gov. Jay Inslee also issued a proclamation roughly a month prior, on Aug. 9, 2021, requiring all government employees, on-site independent contractors, volunteers, goods and services providers, and appointees of designated state agencies to also be fully vaccinated against COVID-19. Roughly 160 city employees at the time were subject to Inslee's order, including firefighters, emergency medical technicians, paramedics and fleet mechanics, according to a previous city press release.

Fleetwood rescinded the vaccine mandate, no longer requiring city employees to be vaccinated against COVID-19 as a condition of employment, on Feb. 13, 2023, The Herald previously reported.

As of Dec. 7, 2021, a total of 27 city employees lost their jobs for failing to comply with the state and city vaccine requirements. Six employees resigned, 17 were dismissed for violating the city's new terms of employment, and four were dismissed for violating Inslee's vaccination order for state employees, teachers and health care workers, such as firefighters.

Twelve of the 27 employees came from the Public Works Department; eight from Bellingham police and four from the Bellingham Fire Department. (It's unclear which departments the other three came from.)

The Herald is aware of at least one additional employee who was terminated after the December deadline and has asked the city for a final, updated total number of employees who resigned, retired or were fired as a result of the vaccine mandate. The Herald has also asked how many of those employees have since been re-hired.

Wilson and the three other former Bellingham police employees who have sued — Clark S. Bourgault, Michael P. Scanlon and Jonathan C. Weiss — are represented by attorneys Harold H. Franklin Jr. and Tracy Tribbett of the Pacific Justice Institute, a California-based conservative legal defense nonprofit focusing on defending religious freedom, parental rights and civil liberties, according to its website. The Pacific Justice Institute was designated as an anti-LGBTQIA+ hate group in 2014 by the Southern Poverty Law Center.

Shannon A. Franks, a former Public Works employee, has also sued the city, Fleetwood and Public Works Director Eric Johnston, both in their professional and personal capacities. Franks is represented by local attorney Carrie M. Coppinger Carter, whose firm focuses on employment and personal injury cases, including wrongful termination, discrimination and retaliation cases, according to the firm's website.

The Herald has asked the city, Franklin Jr. Tribbett and Coppinger Carter for comment.

 

COVID-19 cases

Whatcom County reported 36,651 documented cases of COVID-19 within the first two years of the pandemic — from roughly March 2020 to February 2022 — according to a data report from Whatcom County Health and Community Services, formerly known as the Whatcom County Health Department. The county reported 295 COVID-19 related deaths, and 1,485 COVID-19-associated hospitalizations, the county report states.

Infection and positive case data is limited because most people are testing at home and positive home tests are not reported to the health department, Marie Duckworth, a spokesperson with the county health department, said. Positive case data over the past few years was focused on hospitals and emergency departments, Duckworth said in an email to The Herald.

"In general, health departments are moving away from counting individual cases of COVID-19 because many people now have some form of immunity from the virus through vaccination, prior infection, or both. We know much more about the virus than we did when the pandemic first started including risk factors for severe disease and how people can protect themselves," Duckworth said in an email to The Herald. "We now have medications, vaccines and high-quality masks that are effective against the virus. We also have much greater individual and population immunity to COVID-19 through vaccination and recovery from prior infection."

Duckworth said health organizations are now moving away from counting individual cases and are instead focusing on population-level data, and reducing the risk of severe disease among high-risk groups, such as older adults, people with pre-existing health conditions, people who are unvaccinated, and people who are immunocompromised, who are all at higher risk of serious disease and death than the general population.

 

Wilson's lawsuit

In Wilson's lawsuit, which is the most recent of the four lawsuits against the city to be filed, he alleges that the city failed to reasonably accommodate his sincerely held religious beliefs against vaccination, and in doing so, discriminated against him and violated his state and federal rights as a member of a protected class.

Wilson was a former corporal who had been with Bellingham police since June 17, 2002, according to public records obtained by The Herald.

Wilson applied for a religious exemption to the city's vaccine mandate in early October 2021, "stating that he had a sincerely held or bona fide religious beliefs and convictions that prevented him from taking the COVID-19 vaccination and that his bona fide religious beliefs and convictions were in conflict with the City of Bellingham's vaccination policy," the lawsuit states.

Wilson's request for a religious exemption included details on why his religious beliefs were in conflict with the vaccination requirement and why he was seeking an exemption.

"I must walk in faith, conscientiously object to these vaccines and follow the Bible. Yet, my deep love and care for others makes me determined to seek alternatives such as wearing a mask, social distancing and regular testing, if needed. Every individual has the right to exercise their freedom, especially in moral and religious matters. We must respect the dignity of each person by refraining from forcing them to act contrary to their conscience," Wilson wrote in his request, according to the lawsuit. "As one of the few persons of minority working for BPD and as someone who has experienced racism and hatred up-close, I feel it is of paramount importance that we prohibit discrimination against medical conditions and sincerely held religious beliefs."

Wilson stated he believed that wearing a mask, social distancing and conducting regular testing would be appropriate accommodations. Wilson also stated he would be willing to wear more protective masks, including N95s, and use a separate room to write his case reports so he could social distance while at the police station, court documents state.

Wilson's lawsuit states the city accepted his sincerely held religious beliefs in a letter in late October 2021, but denied his request for a reasonable accommodation. His lawsuit alleges the city failed to "hold an interactive and engaging analysis of the job prior to denying the Plaintiff's requested accommodation," according to court records.

Wilson was then fired by the city on Dec. 3, 2021, the records state.

"The Plaintiff applied for a religious exemption from the vaccine due to his sincerely held religious beliefs. No meetings were held to determine if an accommodation for people of faith who held sincere religious convictions against ingesting the COVID-19 vaccines were made. These actions show a premeditated determination to deny accommodations and a failure on the part of the City to afford employees of faith an interactive accommodation process," the lawsuit alleges.

 

City's response

In its April 12 response to Wilson's lawsuit, the city denied it discriminated against Wilson, denied it violated his rights and denied it failed to provide reasonable accommodations, court documents show.

The city also denied that it instructed employees to request accommodations. The city admitted Wilson applied for a religious exemption from the vaccine mandate, and that it acknowledged his sincerely held religious beliefs, but denied that it granted Wilson a religious exemption or that it failed to conduct an interactive analysis of Wilson's job prior to denying his requested accommodation, according to court records.

The city also denied that its actions showed a premeditated determination to deny accommodations or engage in an interactive accommodation process for employees of faith who asserted their religious beliefs, court documents show.

The city's response to the lawsuit stated it "has exercised reasonable and due care in all respects relative to the subject of this litigation" and that its "actions were taken for legitimate, non-discriminatory, and non-retaliatory reasons."

It denied that it was responsible in any way for Wilson's alleged injuries and damages, and alleged that he can't prove the necessary elements of his claims and allegations against the city, and that his claims may be barred by the statute of limitations, court documents state.

"At all times material to this action and the allegations set forth in the (lawsuit), (the city) acted lawfully and in good faith and without any intent to deny (Wilson) any rights under federal, state or local law. (The city) adequately engaged in an individualized, iterative and interactive process to determine whether it could accommodate (Wilson) absent undue hardship," the city's response states.

The city alleges that Wilson's requested accommodations "were unreasonable and/or posted undue hardship" on the city, and that the accommodations "would have infringed on the rights and safety of other employees," according to the records.

Wilson's "alleged damages were caused in whole or in part by (Wilson's) own conduct," the city's response states.

The city asked that Wilson's lawsuit be dismissed with prejudice, meaning it could not be brought back before the court. It has also asked for attorney's fees and costs to be awarded to the city as allowed by law, and any other relief the court deems just and proper, according to the records.

 

Other lawsuits

Scanlon and Weiss, both former Bellingham Police Department employees, were the first to file a lawsuit against the city. The pair jointly filed a civil lawsuit Dec. 15, 2022 in Whatcom County Superior Court against the City of Bellingham and the Bellingham Police Department.

Scanlon is a former sergeant who had been with the department since Jan. 1, 1993, while Weiss is a former detective who had been with the department since Nov. 1, 2016, according to the public records obtained by The Herald.

Bourgault, also a former Bellingham Police Department employee, was the third employee to file a lawsuit, the second against the city. Bourgault filed a civil tort lawsuit March 9, 2023 in Whatcom County Superior Court against the city of Bellingham and the Bellingham Police Department.

Bourgault is a former police officer who had been with the department since March 10, 2008, according to the public records obtained by The Herald.

The lawsuits allege many of the same violations that Wilson's lawsuit describes, including that the city discriminated against them due to their sincerely held religious beliefs against getting the COVID-19 vaccine.

Like Wilson, Scanlon, Weiss and Bourgault allege the city accepted and granted their religious exemptions from the then-mayor's vaccine mandate for city employees but denied them reasonable accommodations and subsequently fired them after they asserted their religious beliefs as a member of a protected class, according to court records.

Their lawsuits allege the city violated the state's law against discrimination and their federal rights against discrimination from employers on the basis of race, color, religion, sex and national origin under the Title VII of the Civil Rights Act of 1964, court documents state.

Scanlon, Weiss and Bourgault are seeking general and special damages, including lost wages, benefits and any other lost income. They are also seeking nearly identical additional remedies that Wilson is seeking in his lawsuit, the records show.

In its March 16, 2023 response to both Scanlon and Weiss's lawsuit and Bourgault's lawsuit, the city denied the allegations that it discriminated against Scanlon, Weiss and Bourgault due to their religious beliefs or that it violated their religious and civil rights when it fired them from their jobs.

Like in Wilson's lawsuit, the city acknowledged Scanlon's, Weiss's and Bourgault's religious beliefs, but denied that it granted them religious exemptions from the vaccine mandate or that it failed to provide them with reasonable accommodations or engage in an interactive accommodations process, according to court records.

The city also alleges that Scanlon, Weiss and Bourgault failed to engage in the interactive accommodation process, court documents state.

The city has asked the court to dismiss Scanlon and Weiss's lawsuit, and Bourgault's lawsuit, with prejudice.

 

Public Works suit

Franks, a former Bellingham Public Works Department employee, was the fourth city employee to file a lawsuit against the city, the third.

Franks and his wife, Janine, filed a civil tort lawsuit Aug. 10, 2023 in Whatcom County Superior Court against the city of Bellingham, former mayor Seth Fleetwood and Public Works Director Eric Johnston, both of whom were sued individually and in their professional capacities, according to court records.

Franks' lawsuit alleges the city, Fleetwood and Johnston violated the state's law against religious discrimination; that they retaliated against him for opposing unfair practices and/or asserting his constitutionally held rights; that their actions violated public policy and constitute retaliation and wrongful discharge and that the city is liable or Fleetwood and Johnston's "deliberate, negligent and/or reckless acts or omissions" because they were city employees at the time they took such actions, court documents state.

Franks' lawsuit also alleges that the city know or should have known that "Fleetwood and Johnston presented a risk of harm to other employees' employment status because of discrimination based on religion, age and retaliation for asserting legal rights, such as opposing mandates violating one's religious beliefs, and targeting employees granted religious exemptions with discriminatory and retaliatory treatment," and that the city's "failure to adequately supervise its agents and mandates was" the cause of Franks' alleged injuries, according to court records.

Franks was hired April 20, 2010, as a maintenance technician in the public works department. He was initially responsible for repairing and replacing broken equipment, and was later promoted in February 2015 to a plants maintenance electrical specialist, according to the lawsuit. He was responsible for planning and scheduling work for his crew, monitoring emergency work requests, writing work orders and assigning work to individuals on the crew.

Franks' lawsuit states his work did not require site visits or in-person interactions with vendors, and that by 2021, he was working independently at remote locations throughout Bellingham. Franks' lawsuit also states that he personally did not visit work sites, which was routine and past practice prior to the COVID-19 pandemic, and that he didn't work directly with the public and hadn't worked with a city vendor for years prior to the COVID-related closures.

Franks' lawsuit alleges the city violated Fleetwood's vaccine mandate by continuing to use unvaccinated contractors by "grandfathering" in contractors already working under pre-existing contracts, but that the mandate did not allow for any "grandfathering" exemption for city workers.

Franks' lawsuit also alleges the city and Fleetwood allowed visitors to city property whose vaccination status was unknown, that people living in tiny home transitional living villages on city property were not required to be vaccinated, and that the mandate failed to exclude employees who were not interacting with the public or serving in other high-risk interactions, according to court documents.

"Defendants Bellingham and Fleetwood's COVID-19 mandate never intended to grant exemptions or exemption related accommodations from Defendants' COVID-19 mandate for its employees who requested them, including Plaintiff Franks," the lawsuit alleges.

Franks, who had sincerely held religious beliefs against COVID-19 vaccination and related mandates, applied for a religious exemption and associated accommodation. Franks' lawsuit states he was granted a religious exemption in late October 2021.

The same day his exemption was granted, Franks emailed the city's human resources director to begin the interactive accommodation process under the federal Civil Rights Act of 1964. Franks requested the city allow him to continue to work from home as an accommodation, the court documents state.

In early November 2021, the human resources director told Franks she had spoken with representatives from the city's public works and legal departments and that the city claimed his position had not been 100% remote in the past year and that it could not be remote in the future. The city then requested Franks provide an alternative accommodation proposal, according to court records.

Over the next several days, Franks attempted to continue to work with the city. He again requested to be allowed to work from home, which he said he had done for roughly the past year. If that wasn't an option, he requested he be allowed to return to work wearing personal protective equipment, observe social distancing, get periodically tested for COVID-19 and self-monitor for symptoms, or that he work a modified shift or be re-assigned, court documents state.

The city ultimately denied Franks' requests for accommodations and informed him in late November 2021 that it intended to terminate his employment with the city for failing to comply with the city's vaccine mandate.

In a scheduled meeting to discuss Franks' termination, Franks' lawsuit alleges Johnston, the public works director, repeatedly stated the only accommodation the city would consider would be for Franks to get vaccinated, the court records state.

"Defendant Bellingham's mandatory vaccination policy provided Plaintiff Franks, in theory but not in practice, the illusory ability to obtain a religious exemption from the vaccine mandate. Defendant Bellingham's refusal to abide by the granted exemption and provide the reasonable, de minimus accommodation of Plaintiff Franks' sincerely held religious convictions is the product of Defendants' animus towards, and discrimination against, Plaintiff Franks because of his religious beliefs," the lawsuit claims.

Franks was then fired from his position with the public works department.

"There is nothing different or unique about Defendant Bellingham that allows Defendant Bellingham to refuse to accommodate its religiously-exempt employees, especially those with no contact with the public, while its peers are able and willing to accommodate their similarly situated employees," Franks' lawsuit states. "Due to Defendant Bellingham's unlawful actions in denying Plaintiff Franks a reasonable accommodation for his granted religious exemption, Franks was faced with an immediate 'choice' by Defendants Bellingham and Johnston to either: (a) receive a COVID-19 vaccine in direct violation of his conscience and sincerely held religious beliefs; or (b) be terminated from employment with the City as a consequence of exercising his fundamental and statutory rights to refuse administration of the COVID-19 vaccines."

Franks is seeking damages for lost compensation, including unpaid wages and benefits; general damages for emotional distress, suffering, physical injury, loss of enjoyment/quality of life, and injury to reputation; any tax relief that's warranted; attorneys fees, costs of the lawsuit and any expenses incurred, and any other relief the court deems just and proper.

 

City response

In its Aug. 30, 2023, response to Franks' lawsuit, the city denied that it discriminated against Franks based on his religious beliefs, or that it retaliated against him, according to court records.

The city's response stated that while Franks' lawsuit described some of the details of his job duties, it did not cover all of them, and that Franks' job duties did require site visits, in-person interactions with vendors and was not a fully remote position, the records show.

The city also denied that Fleetwood's vaccine mandate permitted employees to seek an exemption to the mandate, but that it did allow employees to seek accommodations. The city also denied Franks' allegations that it continued the use of unvaccinated contractors, or that the mandate never intended to grant exemptions or exemption-related accommodations for employees who requested them, according to court records.

The city's response said Franks did comply with seeking an accommodation and that it did acknowledge his sincerely held religious beliefs, but denied it ever granted him an exemption from the mandate, the records state.

The city also denied that Johnston, the public works director, repeatedly told Franks in a meeting that the only accommodation the city would consider would be for him to get vaccinated, court documents state.

Like its responses to the lawsuits filed by Wilson, Weiss, Scanlon and Bourgault, the city stated it was not responsible for Franks' alleged injuries and damages, that he can't prove the allegations he's made against the city, and that the accommodations requested were unreasonable and/or presented undue hardship for the city, and would have infringed on the rights and safety of other employees. The city also claimed it exercised reasonable care and that its actions were done for legitimate, non-discriminatory and non-retaliatory purposes, according to court records.

"Plaintiffs' alleged damages were caused in whole or in part by Plaintiffs' own conduct," the city's response states. "Plaintiffs may have caused and contributed through their own comparative fault, intentional conduct, actions, negligence, or other failures, to any injuries or damages suffered. The employee's conduct may have constituted, without limitation, contributory fault, and negligence," the court documents state.

The city has also asked that Franks' lawsuit be dismissed with prejudice.

     ___

     (c)2024 The Bellingham Herald (Bellingham, Wash.)

     Visit The Bellingham Herald (Bellingham, Wash.) at www.bellinghamherald.com

     Distributed by Tribune Content Agency, LLC.



What's next for Latina Washington state lawmaker ousted from her seat by redistricting?

A Pasco state senator says she doesn't plan on moving anytime soon to run in a new legislative district after a boundary change effectively ousted her from the 15th District.

Nikki Torres, R-Pasco, sent a news release this week endorsing a fellow Republican in the neighboring 14th Legislative District, clarifying that she does not plan to move across town in Pasco this year in order to run in that district.

She didn't say if she eventually plans to challenge a longstanding Republican in the 16th District where she now lives. The Eastern Washington Latina still has two years left on her term representing the 15th despite the fact that she now lives in the new 16th.

Last month, U.S. District Judge Robert Lasnik in Western Washington approved new legislative boundaries following a 2023 decision to fix voting maps after finding the boundaries drawn by state redistricting commission had "cracked" apart Yakima Valley Latino communities.

The 14th District seat will be up for election this fall.

Torres spoke about her future in the Legislature in this week's statement.

"I wish I could move into the new (Legislative District) 14, but family obligations prevent me from doing so," she said in the statement provided by the Washington Senate Republican Campaign Committee.

"Because of my decision not to move, my deepest hope is that Sen. Curtis King (R-Yakima) will run and continue being the great senator serving the 14th District as he has for the last 17 years," she said.

King serves as ranking member on both the Senate Labor and Commerce Committee and Transportation Committee, and also serves on the chamber's Rules Committee.

"He works hard and is greatly respected by both parties," Torres said. "There is no better candidate for the job ...."

Torres could run for the 16th District's senate seat, but that position is currently being represented by Senate Republican Deputy Whip Perry Dozier, who plans to run for re-election this year.

Torres won election to her first term in the Washington Legislature in 2022, replacing retired Sen. Jim Honeyford. She previously served on the Pasco City Council and works as a manager at Western Governors University.

The court ruling and new map have become a lightning rod for Washington state politicians, with Republicans and Torres denouncing it as partisan gerrymandering and a "mockery of the Voting Rights Act," and Democrats blessing the decision as a benefit to Central Washington Latinos.

Race for WA 14th, 15th districts

The new map will have a widespread impact on legislative district races later this year.

Thirteen of Washington's 49 legislative districts saw changes with the court-appointed map, and five state lawmakers found their properties and homes drawn out of the district they represent. More than a half-million voters were moved between districts, too, according to the Washington State Standard.

The Washington Legislature is made up of 147 lawmakers in the state House and Senate.

Each legislative district elects two representatives and a senator to represent it. They are part-time, paid positions, convening in January in Olympia for either a 60-day or 105-day session.

The filing period for candidates wanting to run for office this year begins Monday, May 6, and ends Friday, May 10. That paperwork must be submitted with the Washington Secretary of State's Office.

So far, nine candidates have filed fundraising paperwork with the Washington Public Disclosure Commission to run for five seats in the 14th and 15th legislative districts.

The candidates in the Yakima Valley — which include four incumbents — have so far raised more than $360,000 from contributors.

Lasnik's new map is expected to give Democrats a double-digit point advantage over Republicans in the new 14th Legislative District, which encompasses downtown and east Pasco, downtown Yakima, the Yakama Indian Reservation, Sunnyside and Grandview.

So far, three Democrats have announced their candidacy for the 14th. That includes Sunnyside resident Chelsea Dimas and Raul Martinez, who are running to become the district's representative, and Yakima resident Maria Beltran.

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     (c)2024 Tri-City Herald (Kennewick, Wash.)

     Visit Tri-City Herald (Kennewick, Wash.) at www.tri-cityherald.com

     Distributed by Tribune Content Agency, LLC.

Commentary: Forget about Seahawks' old signs; whether Mike Macdonald can coach matters more

But can he coach?

This should be the only thing Seahawk fans and Seahawk players should be asking. The virtual erasure of the Pete Carroll era in the hallways near the entrance of the team's practice facility is immaterial next to that question.

Just in case you hadn't heard, the team's new coach, Mike Macdonald, had all the pictures of the Super Bowl-era team stripped outside the team room at the VMAC. You won't see photos of Richard Sherman's tip, or Marshawn Lynch's Beast Quake run, or any of the indelible moments that came to define this franchise. Old slogans such as "Always compete" and "All in!" are gone, too.

Even the basketball hoop in the main meeting room, where frequent shooting contests would take place — including one with Kevin Durant years back — has been removed. Noteworthy? Sure. Strange? Maybe a little. But ultimately inconsequential.

For one, the banners the Seahawks won — whether it be a Super Bowl, an NFC championship or a division title — remain in place. Macdonald isn't coming in trying to delete history. And if historic pictures at Lumen Field were to be taken down (which I doubt Macdonald could control anyway), that would be worth fuming over. But the idea at the practice facility seems to be that these Seahawks are to form their own legacy, not compare themselves to the greats of the past. Was it necessary? Probably not. But if it somehow leads to even one more win over the next few years, it will have been worth it.

Players say they are content with it all, although criticizing the new coach wouldn't be the wisest of moves. Defensive lineman Leonard Williams fielded questions about the new-look hallways Wednesday.

"I think it's given us a clean foundation to create whatever we want to be. We're not chasing to be like any other team that's been here before," Williams said. "I mean, it definitely feels different. Mike, he's serious about being something different and creating our own identity."

I'm not sure every, or even most coaches, would have made that decision after replacing Carroll. But speculating that this is disrespectful to Seahawks that have come before, or that it signals insecurity within a man trying to distinguish himself from Carroll is probably misguided.

It's common practice for a new coach to make sweeping changes that go beyond the playbook. The missing photos and mantras make for interesting offseason chatter but don't mean much.

The only potential issue regarding all this is if Macdonald flops as the head coach. If the Seahawks finish 4-13 in each of the next two seasons, there will undoubtedly be folks pointing to how the decline all started when Mike tried to change the culture. It's nonsense, of course, but detractors are always on the hunt for ammo.

Plus, as Seahawks general manager John Schneider pointed out on Seattle Sports, the building is still replete with team history.

"Right when you walk around the corner from the indoor facility, I mean, we have the plates [with names] of every player that's played here, and the pictures from all the guys, like more recent guys and all that," Schneider told hosts Bob Stelton and Dave Wyman. "Really in Mike's mind, it's kind of, hey, we're celebrating our history, guys get that, but we're not coming in here with certain slogans and leadership mottos and that sort of thing. We're going to build our own as a team."

One of the first things Macdonald stated in his introductory news conference is that he isn't Pete Carroll and isn't going to try to be. Probably smart considering there might be nobody who can be Pete but Pete himself.

But few in Seahawks nation care if Mike can match his predecessor in regards to charm. They just want to see him surpass him in regards to victories.

The Seahawks' defense has been particularly porous lately, ranking in the bottom fourth in the NFL in yards allowed over the past three seasons. Macdonald, meanwhile, oversaw a defense in Baltimore that ranked first in points allowed last season and third in 2023. This coming after implementing a "D" at Michigan that was more or less still in place when the Wolverines won the national championship last year.

But he's in a new position now. I remember an assistant-turned-head-coach in the NBA — and I wish I could remember who — once saying that he got a whole lot dumber once he moved 18 inches on the bench.

Winning solves everything, though, and would make a lot of players smile. Usually a good thing for new pictures.

     ___

     (c)2024 The Seattle Times

     Visit The Seattle Times at www.seattletimes.com

     Distributed by Tribune Content Agency, LLC.

MultiCare at odds with another insurer; patients notified of potential disruptions

Months after a contract battle between a regional insurer and Tacoma-based health system was resolved, a new impasse has erupted between a different insurer and the same health system.

This time, Premera Blue Cross, based in Mountlake Terrace, and MultiCare are stalled in their negotiations and have made their opposing views known.

Patients represented by Premera Blue Cross started to receive notifications this month that if the two sides cannot reach agreement, MultiCare providers, clinics, hospitals and facilities would no longer be in their network starting June 1.

The current contract ends May 31.

"This was not something Premera pursued — we want them to stay in network and our efforts are aimed at that," Premera said in an update posted online April 15.

MultiCare shared its own statement Friday in response to questions from The News Tribune.

"Since 2019, Premera has reimbursed MultiCare well below the rate of inflation," the health system said. "This is not sustainable and jeopardizes access to 1,000 health care providers and multiple hospitals, urgent cares and health clinics across the state."

The insurer countered on their website that they seek to "Fairly compensate the hospital system while remaining competitive in the market," in keeping costs low.

Premera Blue Cross covers an estimated 100,000 members who currently use MultiCare services/providers and an additional 3,300 Medicare Advantage members, according to the insurer.

Those potentially affected include "all lines of business, including commercial, individual, UW student insurance, and Medicare Advantage plans," Premera said April 15. "This does not impact members who have coverage through a Premera Medicare Supplement plan or are on the HMO plan with the Sherwood network."

Potentially affected MultiCare sites are spread across King, Pierce, Spokane, Thurston and Yakima counties.

Medicare Advantage clients were the first to receive their Premera letters about the situation this month; all others potentially affected will receive their letters later in April.

Not the first time

If all of this sounds familiar, that's because MultiCare was in similar situation at the start of the year.

In February, MultiCare and Regence BlueShield, another regional insurer, reached an agreement a few weeks after going public in that contract dispute.

Bill Akers is executive vice president at Premera Blue Cross. He told The News Tribune in a Friday phone interview that work on a new contract started off much like Regence described its process.

"They didn't start the negotiation with a proposal — they started the negotiation with the termination notice," Akers said, adding the notice arrived "before the end of 2023."

"We didn't actually receive their first proposal to us until several weeks later, maybe six or eight weeks later," he added.

The new rates MultiCare is proposing, Akers said, are "just not sustainable for our customers."

Scott Thompson, MultiCare media representative, told The News Tribune via email Friday that the health system was still in negotiations with Premera.

"While disrupting patient care is not our desire, our mission of partnering for healing and a healthy future has become much more difficult as we manage rising costs driven by inflation, staffing shortages, and insufficient insurance reimbursement rates that do not match increased costs," he wrote.

"Maintaining a sustainable health system requires collective efforts, particularly from the health insurers who reimburse our hospitals and doctors for the care we provide to their members — our patients," he added.

 

Contract terminations

The starting-talks-with-termination factor is a recent phenomenon, as both a Regence executive and now Akers have cited in their experiences.

"I think it's a fairly common thing, unfortunately, now," Akers said. "We have had some recent negotiations that have started with a termination. And up until the very recent history that ... that's highly unusual. It's less unusual now than it used to be."

All of this now seems far from their relationship status in 2021 when MultiCare and Premera announced an expanded alliance "to keep health care costs flat for (the) next five years," according to a news release at the time.

"Premera and MultiCare have had a really collaborative relationship, especially over the last five to seven years," Akers said when asked about the pair's alliance announced in 2021.

"We've tried a number of different innovative approaches around care.," he said. "And we've supported different program development together in the Pacific Northwest, including a primary care program for rural medicine, (which) we put a significant amount of resource and financial support into."

"We've probably done more things on the partnership and collaboration side with MultiCare than anyone else in the last several years," he added. "So it's disappointing from our standpoint, given all of that, we're in this kind of conversation 30 days or 40 days from the end of the agreement."

For now, he noted, "We're still fairly far apart."

As for MultiCare, it stated in Friday's email to The News Tribune that it was negotiating "for a more equitable agreement." On its website, its message to patients was more blunt:

"You rely on us to serve you well. We rely on Premera to pay us fairly."

The health system added that for now, "There will be no changes for patients, who should continue to seek care at MultiCare as usual. Appointments can still be scheduled, and care received at all MultiCare locations with our health care providers."

 

For more information

MultiCare has a page online dedicated to contract updates, as does Premera on its site.

Premera said on its website that "If an agreement isn't reached by May 31, 2024, we will work with members that may need ongoing support due to chronic or complex conditions to ensure their treatment isn't disrupted."

In a statement sent to The News Tribune, the insurer explained that under such circumstances, "Some members may be able to continue their care at MultiCare and continue their current in-network benefits for up to 90 days."

It added "This may apply if they're receiving treatment for a complex or chronic medical condition, which could include pregnancy or scheduled nonelective surgery. Members can contact customer service at the number on the back of their member ID card for more information about this process."

its page referred customers seeking a new primary care provider to go to their Premera accounts online and use its Find a Doctor tool. It also recommended considering Kinwell primary care, which also offers in-network services for Premera members, at kinwellhealth.com.

Kinwell has 16 primary care clinics in the state, plus a statewide virtual care clinic, according to Premera, with the Federal Way clinic closest to Tacoma. There also are clinics in Olympia, Renton and Seattle.

     ___

     (c)2024 The News Tribune (Tacoma, Wash.)

     Visit The News Tribune (Tacoma, Wash.) at www.TheNewsTribune.com

     Distributed by Tribune Content Agency, LLC.

Washington State News

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