Sunday, April 19, 2026
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Federal judge rules for transgender librarian

STATE MUST PAY FOR GENDER ATTRIBUTE ADD-ONS

A state legislative librarian who has undergone sex-change operations must be compensated by the State of Alaska’s health insurance plan, a district court judge ruled today in Juneau.

U.S. District Court Judge H. Russel Holland said that a surgery such as vaginoplasty would be covered for some health care plan members, if medically necessary, so it must be covered for men who wish to surgically transform their bodies to appear like women.

The AlaskaCare plan currently does not cover transgender surgery.

Jennifer Fletcher, the librarian, went overseas for the surgery and paid for it from Fletcher’s personal funds. Fletcher had been diagnosed with gender dysphoria in 2014 and began living as a woman shortly thereafter.

Holland said to refuse the surgery is discriminatory based on gender.

“That is discrimination because of sex and makes defendant’s formal policy, as expressed in the provisions of AlaskaCare, facially discriminatory,” he wrote.

“Contrary to defendant’s [State of Alaska’s] contention, such a conclusion does not result in preferential treatment for transgender individuals. Rather, it results in all AlaskaCare participants being treated equally regardless of their sex. Also contrary to defendant’s contention, the court is not comparing how transgender women are treated under AlaskaCare to how non-transgender women are treated. Rather, the court is comparing how natal females are treated under AlaskaCare to how natal males are treated. Such a comparison shows that natal males are treated differently than natal females when it comes to providing coverage for certain medically necessary surgeries. As the Seventh Circuit has explained, “the tried-and-true comparative method” for determining sex discrimination is “to isolate the significance of the plaintiff’s sex to the employer’s decision: has she described a situation in which, holding all other things constant and changing only her sex, she would have been treated the same way?” Hively v. Ivy Tech Community College of Indiana, 853 F.3d 339, 345 (7th Cir. 2017). Here, plaintiff would not have been treated the same way if her natal sex were female, rather than male.”

“In sum, defendant’s policy of excluding coverage for medically necessary surgery such as vaginoplasty and mammoplasty for employees, such a plaintiff, whose natal sex is male while providing coverage for such medically necessary surgery for employees whose natal sex is female is discriminatory on its face and is direct evidence of sex discrimination. Such “[d]isparate treatment is permissible under Title VII only if justified as a bona fide occupational qualification (‘BFOQ’). A BFOQ is a qualification that is reasonably necessary to the normal operation or essence of an employer’s business.” Frank v. United Airlines, Inc., 216 F.3d 845, 853 (9th Cir. 2000). Defendant has not argued, nor could it, that there is any BFOQ for the disparate treatment at issue here. As such, plaintiff is entitled to summary judgment that defendant violated her rights under Title VII.”

In the logic used in Holland’s ruling, men who simply want breast implants for any reason, including sex altering procedures, are entitled to that coverage in the AlaskaCare plan. Likewise, women who simply want to add a penis must also be covered, since these are gender attributes and gender is protected against discrimination.

Alaska LNG gets major environmental permit

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The Alaska LNG project has finally received the federal environmental impact statement for an 800-mile gasline from the North Slope to Nikiski.

After six years, the Federal Energy Regulatory Commission published the final EIS, which is a required analysis of the project’s environmental impacts and associated mitigation.

The EIS is a big step toward gaining federal approval required to construct and operate the project. FERC is scheduled to issue the final order for Alaska LNG in June for the project, which has been estimated to cost between $40-65 billion.

At current market prices, the gasline may not pencil out for the private sector, however.

Gov. Bill Walker bows to China President Xi Jinping as the Chinese presidents jet refuels in Anchorage.

Former Gov. Bill Walker had put the Chinese government and its associated financial institutions into the driver’s seat on the project with various signed agreements, all of which have been shelved by the Dunleavy Administration, which has returned to the “private sector first” model.

“The final EIS is a milestone in the Alaska LNG permitting process – a process still with significant hurdles,” said Gov. Mike Dunleavy.

“I appreciate the diligence of the AGDC team throughout this process. We look forward to reviewing the EIS and receiving the record of decision from FERC, at which point we will evaluate our next steps. FERC licensure is an important component in determining if Alaska LNG, which must be led by private enterprise, is competitive and economically advantageous for development.”

The project faces significant headwinds as bank after major bank has announced they will no longer be involved with projects involving oil and gas drilling in the Arctic. UBS, a Swiss bank, joined Wells Fargo, Goldman Sachs, and Chase Morgan in crossing Alaska’s oil and gas economy off of its list of future investments.

The Center for Biological Diversity issued a statement opposing the project, saying it would be bad for Alaska, polar bears, and whales.

More information about Alaska LNG, the EIS, and the permitting process for the project can be found at Alaska-LNG.com.

New Yorker hit piece on Gov. Dunleavy rehashes ‘recall’ group’s litany of grievances

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TRUTH TRAMPLED BY ‘PARACHUTE JOURNALISM’

Dan Kaufman, a writer for The New Yorker, infers Gov. Mike Dunleavy has no one to blame but himself for the recall effort that launched against him.

That is an arguable position. Even Dunleavy supporters might yield an inch on that point. But most would say the $1.6 billion deficit left to him by the former governor, and the insatiable appetite of Alaskans for programs that were never sustainable, are equally to blame.

But in Kaufman’s newest long-form article, straight off the talking points of the Recall Dunleavy Committee, his conclusion is supported by dozens upon dozens of half-truths and outright inaccuracies.

In that sense, Kaufman has met the expectations of conservative Alaskans for the type of journalism they’ve come to expect of the East Coast liberal elites.

In his story, Kaufman writes that: “The day after Dunleavy’s budget was announced, eight House Republicans and two Independents joined the Democrats to create a broad coalition that opposed it.”

The timing is off, and details matter if you’re The New Yorker. The coalition was actually forged in late 2018, but had been bubbling on the back stove for Democrats and soft Republicans since the prior session, as the noose tightened around Alaska’s fiscal imbalance.

Dunleavy’s budget was not submitted in its amended format until February 13, 2019, after that coalition was formed. The budget he had submitted in December was merely the placeholding budget of Gov. Bill Walker. The placeholder budget was offered for legislators because Dunleavy had just taken office and had not had time to craft budget revisions before the statutory deadline of Dec. 15.

That budget, built by Gov. Walker, had a $1.6 billion funding gap. Dunleavy met that funding gap in February through drastic cuts to programs. He had not run for office on taxes or giving the the Permanent Fund dividend a big haircut. He said government would have to live within its means.

And yet the entire tale sounds plausible because Kaufman is a great storyteller. It has just enough truth to pass muster with The New Yorker fact-checkers.

Kaufman also has misstated several other items of note, this one being an example that shows the writer and magazine didn’t fact-check what the Democrat sources had told them:

“In early July [of 2019], Dunleavy hosted a separate legislative session in a middle school in the city of Wasilla, a base of his support, with twenty-one legislators who supported the full dividend. The move made it impossible for lawmakers in the state capitol, in Juneau, to override his vetoes.”

That’s a stretch for all but the most leftist among Alaskans. Gov. Dunleavy, as he is entitled to do by law, asked the Legislature to meet in special session in Wasilla, since they had not had any success passing key budget legislation in Juneau and it was well into June. By statute, the Legislature should have adjourned in mid-April.

Legislative leaders could have convened in Wasilla and then recessed to another location, such as Juneau or Anchorage, but the Democrat-led coalition in the House and the Republican-led Senate decided not to go to the heart of conservative Alaska, where a fiscally hawkish public would have more influence.

Thus, one group of legislators followed the governor’s call to the session in Wasilla, and the other refused to go, and went to Juneau instead.

In the end, it mattered little, since the governor relented and called the session to Juneau, and the Legislature finally was unified physically, if not politically.

The story in The New Yorker has more inaccuracies — dozens of them. But this recasting of history we cannot let pass. Kaufman writes:

“In 2013, Palin’s successor, the Republican Sean Parnell, a former executive for ConocoPhillips, repealed Palin’s oil-company tax increase, a move that cost the state two billion dollars in revenue in the first year alone. By then, oil prices had plummeted, which created a gaping financial deficit. The dilemma over what the cash-strapped state should do about the dividend has persisted ever since.”

In reality, the House and Senate passed a repeal of the ACES oil tax regime, and put in place SB 21, a flatter tax structure in 2013, one that was upheld by voters during a robustly argued ballot referendum in August of 2014.

SB 21, also known as the More Alaska Production Act, has taken in more money than the state would have under ACES, because it collects more at low oil prices than ACES would have.

ACES was a progressive tax that scooped more revenue from the oil patch when prices were high, as they were in the Palin days. But by 2014, the prices were dropping, and that’s when SB 21 fulfilled its promise.

Indeed, Parnell signed that legislation, which had been crafted by his administration. But it had gone through an extensive legislative process.

Now, Alaska collects more from oil companies because the price of oil has been low for several years. The bill also brought new exploration and production and has stemmed the decline of oil flowing through the Trans Alaska Pipeline System.

But that didn’t fit the narrative for The New Yorker.

The facts are flattened throughout Kaufman’s hit piece:

  • Gov. Walker did not, in fact, veto the Permanent Fund dividend for the first time in Alaska history in order to balance the budget. The truth is, he sequestered that money into the Permanent Fund Earnings Reserve account and did not use it for the budget that year.
  • Dunleavy did, in fact, include back pay of the Permanent Fund dividends in legislation — but it was separate from the budget.
  • The cut to the University System was not, in fact, 40 percent. It was 40 percent of the state portion of the UA budget, but only 17 percent of the UA entire budget, most of which comes from the federal government.

We could go on, but it’s tiresome. Judging from his past work, he considers himself a prophet for the Left, to help them find their way in taking over conservative bastions.

In his book, The Fall of Wisconsin, he writes about the recall effort against Gov. Scott Walker. Those fawning praises offered by his colleagues for his work tell what the real purpose is for him — not journalism or truth, but giving comfort to liberal activists:

“Dan Kaufman shows how the state became a conservative test case…. Kaufman believes that Wisconsin’s extreme makeover portends something scary for the rest of us.”

—Jennifer Szalai, New York Times

“Kaufman’s taut primer on Wisconsin progressivism hits his mark…. [A]n indispensable guide for activists who wish to have any hope of taking on the vast Republican infrastructure.”

—Jake Wertz, Los Angeles Review of Books

To the intelligentsia of New York, Los Angeles, and Boston, Kaufman tells quite a tale about Alaska, her budget, and her political landscape; it has that ring of “truthiness” to it that will appeal to the East Coast elites.

But it’s the kind of story that will make Alaska political conservatives sigh and shake their collective heads, while uttering that now familiar phase, “Fake News!”

Read The New Yorker article at this link.

Eastman in time-out corner

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VALLEY LEGISLATOR REMOVED FROM COMMITTEES

The House Republicans, a 16-member minority, may get smaller still. The team of conservative rivals appear ready to put one of their more difficult members into the time-out corner.

Rep. David Eastman, who is an “in-name-only” member of the Republican Minority, is a conservative lawmaker from Wasilla who goes his own way more often than not, and is also full of surprises. He tends to vote no when his fellow Republicans vote yes, and often votes yes when they vote no.

But it’s not his votes that have gotten him cross-threaded with the Republican Minority.

When the Republicans organized in late 2018, they were a fragile majority of 21. During the announcement of their organization, Eastman sat it out in an adjacent room, refusing to join the rest of the Republicans. That left 20 in front of the microphone.

That fragile majority with Eastman led to the House being taken over by a Democrat-led coalition, which has ruled the roost ever since. It was a coup orchestrated by Republican Reps. Gary Knopp, Louise Stutes, Tammie Wilson, Gabrielle LeDoux, Jennifer Johnston, and Chuck Kopp, all who decided that Eastman would end up with too much power and would always destroy the bare Republican Majority because of that number: 21.

The defectors joined with the Democrats and were rewarded with powerful seats. That bipartisan group has held together, even after two Republicans defected.

House Minority Leader Lance Pruitt has been in the role of trying to keep the minority together with Eastman. Pruitt’s”big tent” strategy was to not alienate the most argumentative member of the minority, but to try to work with him and keep him on the team.

Until last week, that is. Eastman was on the nerves of every member of the House, it appeared, and was on the verge of being removed from the House Chambers after refusing to sit down during a floor session, a violation of decorum.

He had further alienated members of his minority caucus by bringing forth an “ambush” bill that forced everyone to take a surprise vote on an abortion issue.

That lack of consultation with his fellow Republican team members has been part of the problem between him and the rest of the caucus, which typically has stuck together as a solid conservative bloc.

Committee on Committees met on Wednesday evening and removed Eastman from his seats on Judiciary and Rules committees. That reorganization will be up for approval on the floor today. The vote will likely be close to unanimous, Must Read Alaska has learned.

Pruitt has dealt with other rogue members before. When former Rep. Tammie Wilson left the minority caucus and joined the Democrat-led majority, Pruitt kept the door kicked open for her eventual return last year. She finally did split from the Democrat-led caucus and returned to the Republicans before resigning from the Legislature this year.

Pruitt also left the door open for rogue member Rep. Gabrielle LeDoux, who joined with the Democrats to flip the House in 2018, and eventually left that group. She did not return to the Republican minority.

“The door is still open for David. It’s on David to establish the relationships and show that he wants to be a willing member of a team,” Pruitt said.

It’s not fair!

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By ART CHANCE
.
I had a sign over my cubicle during the Cowper and Hickel Administrations that said “F**k Fair.”   

I hated the union whines about how something or another was “NOT FAIR.”   Well, genius, tell me how it violates the contract, which they rarely could.   

The union-owned Knowles weenies made me take my sign down. I replaced it with one that said, “When the enemy is in range, so are you.”

The State has filed an unfair labor practice (ULP) complaint against the two largest unions of State employees over their refusal to cooperate with a change to a new bi-weekly pay schedule.  

Art Chance
Art Chance

 I may have filed one or two ULPs against them but it would not be like me; I’m a “Carl von Clausewitz” kind of guy (Prussian general of note) who takes the strategic offensive and assumes the tactical defensive and makes them attack me. In layman’s terms, that means I would do something I knew they would hate and would wait for them to file some action against me.

Some background: An unfair labor practice isn’t a lawsuit or a grievance.  The distinction between a grievance and a ULP is that a grievance alleges a violation of a contract and goes to arbitration, the result of which can be appealed to the courts.  

A ULP alleges a violation of the bargaining law, the Public Employment Relations Act, AS 23.40. et seq, (PERA) and must be heard by the Alaska Labor Relations Agency.   

In this case, the State foolishly agreed to contract terms that required a contract modifying Letter of Agreement to move to a new payroll scheme.   

I was a part of implementing a couple or three new payroll systems, and we did it with no grievances or ULPs, because we actually knew how to do labor relations. But, then, I didn’t know how to rent apartments like their go-getter of a labor relations manager.

The courts really don’t like labor and employment disputes so they always defer to an administrative agency with specific subject matter expertise.  After the administrative agency hears and decides the matter, the courts will review the decision to determine if it offends the law.

A mandatory subject of bargaining under PERA is a matter of wages, hours, or terms and conditions of employment, and a union and an employer must bargain about mandatory subjects.  A pay scheme is a mandatory subject.   

The term “unfair labor practice” really isn’t about fair; it is about practices that are illegal under the bargaining law.  It is illegal for the unions to refuse to bargain with the State over the new pay scheme. It is illegal for the unions to refuse to bargain in good faith over the implementation of a new scheme. It doesn’t mean they have to agree to anything, but it does mean they can’t just throw up obstructions to avoid an agreement.

Since I find myself giving the State lots of “paint by numbers” instructions from the sidelines, here’s what they should have done. When the unions wouldn’t bargain with them or didn’t bargain in good faith, they should have declared impasse and implemented their new pay scheme. Then the unions would have had to file a ULP to stop the State from the unilateral implementation. You’re the employer, you sign the paychecks; you make them stop you. 

But then, I’m not a nice guy.

Art Chance is a retired Director of Labor Relations for the State of Alaska, formerly of Juneau and now living in Anchorage. He is the author of the book, “Red on Blue, Establishing a Republican Governance,” available at Amazon. 

COVID-19 response: State retiree health plan says ‘stock up now’ on your meds

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RETIREES BEING GIVEN ACCESS TO TELEMEDICINE

The Alaska Division of Retirement and Benefits is taking proactive steps to try to keep retirees in the State’s AlaskaCare health insurance plan from getting sick. The changes announced today come in response to what the division referred to as a “national public health emergency” due to the COVID-19 virus.

There are about 60,000 retired beneficiaries in the AlaskaCare plan; that include retirees, their spouses, and in some cases their dependents.

The division lifted restrictions on early medication refills for certain prescriptions.

The new policy, valid through the end of March, allows members using the State of Alaska retiree prescription plan OptumRx to refill medications earlier than they typically would “to ensure an adequate supply in the event of unforeseen circumstances.”

The policy does not apply to opioid medications, but does allow retirees to stock up on most of other medications, to assist those who are planning to self-isolate and minimize public contact over coming weeks.

“We are actively working to support health and safety by making early refills or replacements of lost or damaged medications readily available without any additional administrative burden or additional cost. AlaskaCare will be optimizing member benefit flexibility while the potential risk for exposure to the novel coronavirus remains a public health concern,” according to the plan’s home page. 

Members may call their pharmacy and request they transfer prescriptions from the pharmacy to OptumRx Home Delivery. To start home delivery, log in to OptumRx.com, use the OptumRx app, or call (855) 409-6999.

Members may also call OptumRx at (855) 409-6999 and request home delivery prescriptions be transferred to their local pharmacy.

Also, effective March 9, AlaskaCare retiree plan members will have access to a Teladoc service with $0 copay.

This telemedicine service is already available to AlaskaCare current employees, and is being expanded to help former employees of the State of Alaska get access to a doctor without causing strain on what is expected to be a burdened medical system. Additionally, it will help retirees who need more routine care get help they need without going to doctors’ offices or clinics, where they might come in contact with someone with the virus.

A benefit of Teladoc is the ability to fulfill other health care needs that are unrelated to the coronavirus without an appointment or waiting. Using telemedicine can reduce the strain on the local medical system and helps you and your family members avoid unnecessary contact,” the division wrote.

Retirees on AlaskaCare can Register here after March 9 for Teladoc. Mobile App: Teladoc.com/mobile . Phone: (855) TELADOC (835-2362)

The AlaskaCare retiree plan will also waive the member deductible and coinsurance for respiratory syncytial virus (RSV), influenza, respiratory panel, and COVID-19 testing that is deemed medically necessary under the terms of the plan. This will be effective as soon as administratively possible, anticipating the week of March 9, 2020, according to the division.

Starting on March 9, 2020, the AlaskaCare retiree health plan temporarily will cover the influenza vaccine received at a pharmacy or other health care provider. Influenza vaccines are already available to AlaskaCare employee plan members. 

The changes will be in effect until the national public health emergency is terminated by the Secretary of Health and Human Services or until 90 days, which ever comes first.

Additional information is available at: AlaskaCare.gov.

To monitor the latest information on COVID-19:

State union bosses sued for unfair labor practices

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The Division of Personnel and Labor Relations has filed unfair labor practice grievances against two of the major State public employee unions.

The Department of Administration asserts that the Alaska State Employees Association and the Alaska Public Employees Association-Supervisory Unit are interfering with the conversion to a statewide biweekly payroll system — a system the unions had asked the State to adopt.

The unions’ collective bargaining agreements require them to convert to biweekly payroll “as soon as feasible.”

Converting prior to 2020 would have allowed state employees to take advantage of a system that pays based on number of days worked rather than set calendar dates.

In years with additional workdays, like this leap year of 2020, most salaried employees will earn more pay in a biweekly system than a semimonthly system. Employees paid hourly rates will see no difference in pay. 

“Transitioning from 2 payroll systems to one system for all employees is good for our employees and good for the State. It will mean less payroll corrections and delays in pay, the State wrote in a news release. “We tried to get ASEA and APEA employees an extra $2 million in pay for 2020 by transitioning them from semimonthly to biweekly payroll in December 2019, but the unions refused.”

Both unions have engaged in bad faith bargaining and violated their contracts, according to the division.

“ASEA has not timely responded to our efforts to enforce Article 21.07(A)(1),” the State said in its complaint.

The State has been attempting since August, 2019 to negotiate with the ASEA about the conversion and even went to mediation with ASEA.

Other employees across all three branches of state government have already converted to biweekly payroll or are converting in June. Other divisions of government, such as municipalities and the University of Alaska, have long been using the biweekly payroll, which is a simpler for employees and employers. ASEA even asked for the state to convert for years, but once Gov. Dunleavy took office, the unions started running the clock out.

It’s rare for the State to file grievances against public unions. If the Alaska Labor Relations Agency finds probable cause, there will be a hearing. The only relief the State is seeking is for the unions to uphold the terms of their contract so the conversion can take place in June; there is no monetary amount sought.

New House Permanent Fund bill: 80% for government

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Reps. Chuck Kopp and Jennifer Johnston today introduced House Bill 306, their suggestion for how to pay for government and give some kind of a Permanent Fund dividend to Alaskans.

The bill would give 80 percent of available revenue from the Permanent Fund Earnings Reserve to government, while 20 percent would be used for the annual dividends to Alaskans.

House Bill 306 provides stability for our economy and communities and puts an end to the structural deficit built into the state budget,” explained the news release from the House Majority press office.

“Private sector and community leaders have been pleading that the state prioritize stability and certainty in our fiscal planning,” said Kopp, an Anchorage Republican, in the news release.

“HB 306 makes clear that we view it to be more important to preserve the health of our economy and communities than allow the dividend to continue to dictate our budget structure.” – Rep. Chuck Kopp

The bill, should it be signed into law, would halve the size of last year’s dividend, which was $1,600. The bill has been referred to just one committee, Finance, co-chaired by Rep. Johnston, the bill’s cosponsor.

HB 306 is a statutory change, which may mean nothing in practical terms, since there is already a statutory formula that the Legislature has ignored for three years.

Four years ago, Gov. Bill Walker took half of the dividend, but did not use it for government. He just left the money in the Earnings Reserve Account. Three years ago, the Legislature started following the governor’s lead, using half of the dividend for government.

Now, the recommendation is 80 percent for government.

A separate bill from Rep. Adam Wool recommends that only 15 percent of the available funds from the Earnings Reserve Account be used for dividends, with the remaining 85 percent used for government.

Westerdam heads to Juneau early, but no passengers

SHIP HAS NO VIRUS, BUT ONE BUSINESS OWNER IS MAD

The first cruise ship of the season in Juneau wasn’t expected until April 24 with the arrival of the Carnival Spirit. But it’s now likely that the Holland America’s Westerdam will dock in Juneau for about three weeks in late March prior to the start of its summer cruising season in Alaska and the Pacific Northwest.

Holland America Line says it plans to simply take the ship out of service for those weeks, which were previously booked for Asia cruises. With the spread of the COVID-19 virus, Asia cruises are being cancelled and ports are facing ever-changing restrictions.

No one on the ship has had the virus that has circled the globe in the past two months.

The Westerdam, which flies under a Netherlands flag, is due to arrive without passengers in Honolulu on March 16. After receiving clearance there, it will travel to Alaska, and be docked for three weeks. It’s expected to arrive March 24.

By the time it arrives in Juneau near the end of March, it will have been empty of passengers for more than a month. While transiting the Pacific, the crew, all of whom have tested negative for the virus, will be disinfecting the ship further out of an abundance of caution.

Juneau’s City Manager Rorie Watt advised the Assembly and an assembly member leaked the news to the media earlier this week before the decision was announced by the company, forcing Holland America to play catch up in informing city leaders.

At least one local business manager in Juneau is unhappy with the arrival of the ship. Collette Costa, co-owner and manager of Gold Town Theater, wrote that she doesn’t welcome the “nihilistic, abusive industry” putting Juneau residents at risk:

Hey folks, before we begin, have y’all heard about the city’s brilliant decision to let this CORVID-exposed cruise ship sit here for a couple of weeks at the end of the month??  So apparently the city officials aren’t happy lapping at the water-dish of this nihilistic, abusive industry for 6 months a year, they need to extend that time frame while simultaneously risking the physical and mental well-being of its year-long residents by capriciously deciding–without our knowledge or consent–to let this ship sit at our docks.  So anyway, if you care at all, maybe throw a letter to Rorie Watt at [email protected].”

Others in Juneau don’t share the sentiment. One resident immediately scribed a note to Watt:

Acting on [Collette Costa’s] suggestion, I’m dropping a note to let you know that I, for one, do not share Collette’s fears. I’m sure that any medical professional will affirm that based on the timeframe since the passengers departed the ship (of which none have been diagnosed), the prevention steps taken to disinfect the ship and the monitoring of the crew, we can confidently welcome this economic boost to Juneau. My mental well-being is enhanced knowing that numerous local business will benefit by this unexpected, and timely, injection of cash. Thank you for whatever role you or other city officials played in approving this short-term ship visit.