Brandi Kruse
Politics • Culture • News
[un]Divided Newsletter: March 5, 2023
March 05, 2023
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Catch up on what you may have missed from [un]Divided this week.

Midnight madness

Late into the night on Friday, the Washington State Senate finally passed a bill that would make possession of illegal drugs a gross misdemeanor. The bill now goes to the House.

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Senate Bill 5536 is a fix for the State Supreme Court’s Blake decision, which nullified the felony drug possession statute. While a temporary fix was put into place after Blake, it is set to expire on July 1 on this year – meaning a permanent fix must be signed into law this session, or possessing drugs like heroin, meth, and cocaine will no longer be a crime in Washington.

If it passes the House and is signed into law by the governor, SB 5536 would make it a gross misdemeanor for anyone to knowingly possess an illegal substance. Prior to jail booking or referring the case to prosecutors, law enforcement is encouraged to offer suspects treatment options. When cases are referred to them, prosecutors would also be encouraged to divert defendants toward treatment. Should cases ultimately wind up in court, the court must advise defendants of the option to participate in pre-trial diversion. Offenders can ultimately have their records expunged after successfully completing treatment.

The bill reads:

The legislature finds that substance use disorders are a public health issue. Solutions must address not only the criminal legal response, but be data-driven, evidence-based, and represent best practices, working directly with people who use drugs to prevent overdose and infectious disease transmission, and improve the physical, mental, and social well-being of those served. The state must follow principles of harm reduction, which means practical strategies aimed at reducing negative consequences associated with drug use. Harm reduction involves safer use of supplies as well as care settings, staffing, and interactions that are person-centered, supportive, and welcoming.

Although it is one of the softer solutions to Blake, chaos broke out within the Democratic caucus on Friday night when it became clear that some Progressive members thought SB 5536 went too far in criminalizing substance abuse and were not inclined to compromise.

One senator told me Democrats retreated into their caucus room for more than two hours as infighting played out. Senator Manka Dhingra, the chair of the Law & Justice committee (who has also played a role in thwarting meaningful progress on the state’s police pursuit policy) was among those pushing back against the bill, arguing that substance abuse should not be a criminal matter.

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Eventually, Democrats emerged, and the bill was passed on a bipartisan basis, 28-21, with a majority of the Democratic caucus voting against it – including some members who co-sponsored the original bill.

The following Democratic senators voted against the proposal:

  • Senator Manka Dhingra
  • Senator Joe Nguyen
  • Senator Rebecca Saldana
  • Senator Claire Wilson
  • Senator Patty Kuderer
  • Senator Noel Frame
  • Senator Bob Hasegawa
  • Senator Lisa Wellman
  • Senator T’wina Nobles
  • Senator Jamie Pedersen
  • Senator Claudia Kauffman
  • Senator Derek Stanford
  • Senator Yasmin Trudeau
  • Senator Javier Valdez
  • Senator Liz Lovelett

Several Republican members also voted against the bill for various reasons. Some believe drug possession should remain a felony, others took issue with a section of the bill that has to do with prohibitions on firearm possession for individuals who have a diagnosed substance abuse disorder. The following Republican senators voted against SB 5536:

  • Senator Mike Padden
  • Senator Ann Rivers
  • Senator Mark Schoesler
  • Senator Shelly Short
  • Senator Jim McCune
  • Senator Judy Warnick

The bill will now head to the House where it could undergo changes. Let's hope they don't water it down further. The drug crisis on our streets cannot be solved without some sort of law enforcement component to help incentivize treatment. 

Two kids dead in preventable crash

On Friday’s show, we discussed the tragic deaths of two children – 6 and 8 – who were killed by a drunk driver in a head-on collision near Sunnyside, Washington.

The Washington State Patrol says troopers spotted the 20-year-old suspect driving 111 mph down Interstate 90 about an hour before the deadly crash but could not pursue him because of the state’s restrictive law around police chases.

The deaths underscore the remarkable irresponsibly of Democratic leaders in Olympia, who have so far refused to make meaningful changes to the law they championed in 2021. Not only that, but some continue to peddle debunked data to gaslight the public into believing the law is saving innocent lives.

In January, Senator Manka Dhingra said those critical of the law were simply letting emotions get the best of them. I would challenge her to say that to the family of those two children.

In addition to the two deaths, a 5-year-old passenger and the 23-year-old driver of the victim vehicle, who was related to the children, were taken to Harborview Medical Center in Seattle.

If you watch one thing from unDivided this week ...

… make it my interview with Crosscut political reporter Joseph O’Sullivan. On the Wednesday show, we discussed the 15-year effort of state lawmakers to hide records from the people they serve.

Even after a 2018 Washington State Supreme Court decision found that lawmakers are not, in fact, exempt from producing records as part of the Public Records Act, Democrats in Olympia have started claiming “legislative privilege” as a way around the high-court ruling. When the practice was spotlighted at the end of 2022, Democratic leaders in the House and Senate failed to provide a plausible defense of it. 

Conveniently, they now deflect questions on the issue by pointing to pending litigation. One wonders why they are so eager to hide things from the people who put them in office.

Housekeeping

None!

Have a great week and thank you for your commitment to giving common sense a comeback!

 

 

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I struggled with what to talk to you about tonight. 

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When I'm invited to speak to groups, I don't want to offend anyone or be too controversial. So, I reached out to a few of your fellow party members to ask whether any topics were off limits or wouldn't go over well with the crowd. 

I got some good advice. 

Then I decided to ignore that good advice entirely.

Too much is at stake to be polite. 

As we sit here tonight, we are in the final battle of a war. 

A war that has pit sanity against insanity. 

Pragmatism against idealism. 

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Teen athlete says she was sexually violated by trans wrestler – and the school district did nothing
Traumatized and confused, Kallie Keeler decided to let her opponent pin her.

Kallie Keeler has been wrestling her entire life.

The 16-year-old sophomore at Rogers High School in Puyallup says she's never experienced anything like what happened during a December 6 match with in-district rival Emerald Ridge High School.

A couple of minutes into the 190-pound bout, Kallie found herself face down on the mat – with her opponent's arm between her legs and fingers pressing into her vagina. Hard.

What happened – and didn’t happen – in the two months that followed highlights the extent to which public school districts in Washington state will go to to protect trans athletes at the expense of girls – and even at the expense of following the law.

The alleged assault

Video taken by Kallie’s mom on December 6 captures the disgust and panic in Kallie’s face. She tries to mouth something to her mom: "Her fingers are in my (vagina)."

Her mom can't make out what she’s saying and is on the wrong side of the mat to see what’s happening to her daughter. The referee is also out of the line of sight.

"I don’t know what she said. I don’t know why her face looked like that," her mom can be heard saying to someone off camera.

Traumatized and confused, Kallie decided to let her opponent pin her.

"I just wanted the match to be over," the teen told me, her hands grasping together. I could tell she felt awkward even talking about it.

After the match, Kallie immediately told her mom what happened.

"I couldn’t find my coach," she said. "There were other matches going on."

As she waited for a break in action to inform her coach of what she felt like was an intentional sexual assault, a coach from an opposing team came up to her and told her something that would make the ordeal even worse.

Kallie’s opponent was a biological boy.

"I was really shocked," Kallie said.

She had no idea. No one had told her before the match.

To be clear, Kallie intended to tell her coach what happened before knowing her opponent was a boy. But now, she felt violated in more ways than one.

Two months of inaction

Two days after the match, Kallie’s parents emailed coaches at Rogers High School to find out what they intended to do about what happened.

"This is a huge issue and something that is 100% not OK," her mom wrote. "The fact that this was done by a biological male who identifies as a female is an even bigger issue for me. Where do we go from here?"

Kallie had also spoken to her coach personally about the incident.

"I told her how uncomfortable the match made me feel. She said she was looking into it."

In a December 8 email response to Kallie's parents, her coach seemed to take the accusations seriously.

"I most certainly would not put Kallie on the mat if I thought she was competing with a male. I will investigate this and look to see if we have a video on our end. I will touch base with you either this afternoon or tomorrow morning after I do my due diligence."

The family says they never heard back.

Failure to report

Kallie decided to email unDivided about her story a few days after we reported that at least a dozen female athletes at Emerald Ridge High School were complaining to school administrators about the presence of two boys in their locker room. The girls told the school principal and vice principal that the boys made them uncomfortable.

In our January 22 story, we identified one of the two boys the girls complained about as a 190-pound wrestler on the girls' team.

That was when Kallie realized that more girls than just her were being hurt.

She emailed our tip line on January 25.

"Ever since that incident on the mat it has made me reconsider returning to wrestling because I'm not sure if I can or will feel safe on the wrestling mat," she said.

We emailed the Puyallup School District for comment on January 29.

The next day, the school reported Kallie's allegations to the Pierce County Sheriff's Office – nearly two months after district employees had a legal obligation to do so.

"This matter is currently under investigation. As such, the district is legally required to protect the privacy of students and families and cannot share details regarding individual students or specific incidents. What we can say is that student safety is a top priority and that all reports involving student safety are taken seriously," the district told us in an email on January 30.

The Pierce County Sheriff’s Office confirmed to unDivided that it has launched a criminal probe.

"The School Resource Officer informed me he was called by the school to investigate a report of sexual assault at a wrestling match. This incident allegedly happened during the match between the victim and a transgender student the victim was wrestling at the time. Last week, the School Resource Officer reviewed a video of the match, and he will be following up with the victim this week for further information. This is being investigated and is still active,” Pierce County Sheriff's Deputy Carly Cappeltto told unDivided in an email.

Still, the timeline is problematic – and potentially exposes school district staff who knew about Kallie's allegations to legal jeopardy.

Under Washington state law, public school employees are mandatory reporters if they suspect a child has been abused in any way – that obligation extends to accusations of sexual assault committed by other students, regardless of whether the teacher, coach, or staff members find those accusations to be credible or provable.

Failing to report such information to law enforcement is a gross misdemeanor, punishable by up to a year in jail, a $5,000 fine, or both.

While it's unclear how many district employees knew of the allegations, based on emails reviewed by unDivided and conversations Kallie and her family had directly with school officials, we believe at least four district employees failed to meet mandatory reporting requirements: Two coaches, a principal, and an athletic director.

Proving intentional assault

Wrestling is a contact sport. Anyone who's ever watched a match knows hands can end up in all sorts of places.

But is what happened to Kallie normal?

No, say two experts who reviewed the video. Neither have any connection to Kallie or Emerald Ridge.

A coach who has 39 years of wrestling experience said there is a joke among wrestlers about "checking the oil." It's when someone's fingers – usually unintentionally – penetrate their opponent.

The expert said this is typically fleeting and happens rarely. He said that in nearly four decades of wrestling and coaching, this has never happened to him, nor have any of his wrestlers reported it happening.

If it did, he said, the contact would be brief as the offending wrestler would move their hand immediately – or risk a flagrant foul and/or disqualification.

After reviewing the video, he said there was no reason in that moment that Kallie’s opponent needed to put his arm between her legs. He said it looked intentional.

A female wrestling coach who reviewed the video for unDivided agreed.

"That’s not common, unless you’re doing it intentionally."

unDivided provided contact information to the Puyallup School District to pass along to the wrestler and his family for comment. We are choosing not to name him because he is a minor and has not been charged with or convicted of a crime.

What happens next

The ordeal comes as the Washington state legislature is faced with passing, or sending to voters, an initiative that would prohibit biological boys from competing against girls.

Since Democrats in the majority have refused to hold hearings on the initiatives, it will likely head to voters for a decision in November.

While she says she would have reported the assault even if her opponent had been a female, Kallie says she should have been able to make an informed choice that day about whether to wrestle a boy.

"Boys shouldn’t be allowed in women's sports, whether they identify as female or not," she said. "Especially in strength-based sports."

While it is common for boys to wrestle girls in elementary and middle school, Kallie said the physical advantage becomes more apparent as boys and girls develop further.

"Women’s wrestling has grown so much within the last couple years. I don’t want it to shrink again with this whole situation going on."

It's worth noting that over the weekend, the 190-pound Emerald Ridge wrestler advanced to state as a freshman, beating older, more experienced female competitors. 

Editorial note: Kallie will join unDivided during our regular live show Monday, February 9 at 12pm PT.

 

 

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My press pass was just denied
Independent journalist Jonathan Choe and radio host Ari Hoffman also had their press passes denied in recent days.

After 15 years covering the Washington State Legislature, I was just denied a press pass. Why? Because I have taken the public position that girls should not be forced to compete against boys.

I am one of the longest-serving political reporters in the state. I have never acted unprofessionally at the statehouse. I ask serious, well-informed questions and provide coverage for many Washingtonians who feel unrepresented by the mainstream news.

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To make matters worse, legacy media representatives with the Capitol Correspondents Association conspired with Democrats in the House to weaponize an outdated policy to keep me (and other new media professionals) out. Independent journalist Jonathan Choe and radio host Ari Hoffman also had their press passes denied in recent days.

Let me be clear: Legacy news reporters took the side of politicians over the public. Rather than help expand political coverage for all by welcoming independent media into the fold, they pushed for LESS press freedom, not more. They played gatekeeper. Not only to help their struggling outlets survive by keeping out the competition, but to help the Democratic Party in power keep out critical voices.

Yes, independent media in Washington state is overwhelmingly conservative. There is a reason for that. There is a reason more reporters are leaving legacy newsrooms to do what I did in 2021. Too many local newsrooms cover stories from a progressive worldview. They increasingly shut out 40% of the state and parrot the views of the party in power.

Offering my informed opinion on policies should not preclude me, or others, from having access to the spaces we need to be in to do our jobs for the citizens who depend on us. To shut us out is to shut them out.

I have advocated for a simple policy to govern press passes in Olympia – one based on decorum. If reporters can abide by reasonable decorum rules, they should be allowed a press pass. Podcasters. Bloggers. Columnists. YouTubers. Everyone.

I invite my friends (and enemies) in legacy news to show a united front and stand up for press freedom, as I have done consistently for years – even when it meant criticizing my own side or defending reporters whose work I detest.

If the goal is to hold elected leaders accountable, expanding old rules to welcome in more voices and more perspectives is the answer.

If the goal is to shut out anyone who might challenge Democratic leaders, then I guess the policy should stay the same.

If you feel strongly that independent media should be allowed to access the State House of Representatives and be given access to leadership briefings with the rest of the media, please take a moment to email your elected representatives, and be sure to include House Speaker Laurie Jinkins and House Majority Leader Joe Fitzgibbon.

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