05-03-2022 - 05-03 16:51 Thea Oliphant-WellsCITY OF
Federal Way
Centered on Opportunity
Public Comment - Written
Meeting Type: City Council - Regular Meeting
Meeting Date: May 03, 2022
Name: Thea Oliphant -Wells
Resident/Business Owner: �✓ Yes ❑ No
Comment Topic: Oppose Unnecessary/Additional Statute regarding Fentanyl
Written Comment:
My name is Thea Oliphant -Wells, and I am a Federal Way resident, mother, social worker, and
subject matter expert in substance use, overdose, and harm reduction. I am also an overdose
survivor and am in long term recovery from opioid use disorder.
I am writing to oppose the unnecessary, additional statute to make smoking fentanyl illegal in
public spaces. To be clear, I don't want to see people smoking anything on the bus. Thankfully,
it's already illegal to smoke things on the bus, and in other public spaces.
See the Washington state statutes below: RCW 9.91.025 Unlawful transit conduct.
"(1) A person is guilty of unlawful transit conduct if, while on or in a transit vehicle or in or at a
transit station, he or she knowingly: Smokes or carries a lighted or smoldering pipe, cigar, or
cigarette, unless he or she is smoking in an area designated and authorized by the transit
authority;"
"(3) Any person who violates this section is guilty of a misdemeanor."
RCW 70.160.030 Smoking prohibited in public places or places of employment.
"No person may smoke in a public place or in any place of employment."
Why not enforce the laws we already have? Why would our mayor and city council focus on
this already illegal activity for further statute, rather than enforcement? As a community
member I have to wonder if this is all for show. Is this how our mayor is auditioning for another
political office?
Last year our mayor and council targeted our syringe services van. Public Health stopped
providing legal, protected public health services, at the request of our City. All for show, as
they knew from the beginning they had no legal standing. The consequences of that
policy could be seen for months as we had record numbers of overdose deaths in Federal
Way.
Received: 05:03 04:51
I'm personally not interested in supporting political theater that harms vulnerable people.
Please stop. It's already illegal to smoke drugs in public. This is nonsense.
I also want our City to follow science. I'm deeply disturbed to see the Federal Way press
release with a quote from our mayor, with reckless misinformation: "Unlike other
substances, inhalation from Fentanyl smoke causes serious health risks, including the
potential for death. If someone uses this drug in a public space, exposing children, families,
and commuters, we will put a stop to it," Ferrell continued.
Washington Poison Center,'s Medical Director, Dr Scott Phillips, a medical toxicologist,
responded to the following questions related to secondhand fentanyl exposure:
How could one get indirectly exposed to fentanyl from another person? Could you absorb it
through the skin? Or through the air? "The risks are very low. When someone smokes
fentanyl, most of the drug has been filtered out by the user before there is secondhand
smoke. It doesn't just sort of float around. Studies have looked at fentanyl concentrations in
the bloodstream after someone has had secondhand fentanyl exposure from smoke. The
levels are extremely low or not detectable. So, there's no real risk for the everyday person
being exposed to secondhand opioid smoke."
If you want to prioritize enforcement of our current laws I support that effort. We don't
need a new law related to fentanyl. I personally don't want people smoking cigarettes or
crack on the bus, so I don't understand why those things would not be a priority.
Prioritizing fentanyl only is not good policy. It might make headlines, but it won't make our
community safer. I would love to see people being referred to recovery support services and
other help they need, as that's the most effective way to change problematic substance use.
Arresting people who use opioids increases their likelihood of dying of overdose.
Please consider these factors when deciding how you will respond to public drug use.
Thank you,
Thea Oliphant -Wells, MSW