Boycott Ralph's and Bayview: The struggle to get legal prescriptions filled continues

author : Janet Blanding topic : Plan B | Ralph's / Bayview Thriftway

by Janet Blanding

Protecting the rights of medical consumers to have their prescriptions filled promptly is looking more promising at state level, but locally, Olympia women are still facing hurdles in having their legal prescriptions filled. The Washington State Board of Pharmacy, in an apparent response to intense negative public reaction, has decided to revise its proposed rule that would allow pharmacists to refuse to fill prescriptions for any reason, including reasons of "conscience." The owners of Ralph's Thriftway and Bayview Thriftway, however, have proven less responsive to the community as they dig in their heels and refuse to change their unpopular policy of not stocking emergency contraception.

The battle over contraceptive access is being fought fiercely on a local level, as many irate Olympians have chosen to boycott Ralph's and Bayview. Picketing began at Ralph's on June 28t with a large turnout; at one point there were 120 people picketing the sidewalks on both sides of 4th Avenue and State Street. On that first day, 130 people signed cards pledging to boycott Ralph's. During the next three weeks of picketing, another 220 Olympians pledged not to shop at Ralph's. Altogether, estimated monthly lost sales for Ralph's and Bayview total over $60,000 a month. Many others are boycotting without having had the opportunity to sign a pledge. Online pledges can now be made at the Plan B Oly website: http://www.planboly.org.

There are indications that Ralph's is feeling an effect. Most obviously, the cars in the parking lot are generally sparser than in pre-boycott days. Not all of those cars belong to shoppers, either; picketers have noticed employees are now parking in the parking lot that was formerly reserved for customers. One pro-boycotter who has continued to shop at Ralph's because she has WIC coupons that can only be used there, reports that every time she's gone into the store, very few other shoppers were present. Store employees, who have been instructed not to talk to members of the press, have told picketers and other community members that the boycott is having an impact. An unconfirmed rumor is circulating that employee hours have been cut back. Boycott organizers, concerned because the target of the boycott is the store owners' oppressive policy, not the stores' workers, have contacted the union (United Food and Commercial Workers) to discuss the situation.

At least eight women have had legal prescriptions for Plan B refused at Ralph's in the last six weeks. I went into Ralph's pharmacy in late June with a prescription for emergency contraception. To my surprise, the pharmacist, Stan Berdinka, was kind and apologetic as he explained why he could not fill my prescription. He told me that he was "terribly embarrassed" that he was unable to fill my prescription, and stated in no uncertain terms that he had not been consulted about the store policy against stocking emergency contraception and that he was not in agreement with it. He provided me with a list of pharmacies in the area which generally stock Plan B, and suggested I try Fred Meyers. Other women whose prescriptions were refused at Ralph's reported that they were similarly treated in a polite and apologetic manner, although in one puzzling incident, a woman was told that her prescription could not be filled "because the computers are down."

Before we left Ralph's, my male partner approached the pharmacy counter and asked the pharmacist if they carried condoms. The pharmacist seemed amused, and directed him to the register at the front of the store, where the condoms are kept in a locked glass case, along with cigarettes. We left Ralph's without my emergency contraception. Afterwards, I had it filled at the Walgreen's in Lacey.

Stan Berdinka, Ralph's managing pharmacist, later made outspoken comments to the Olympian. While he did not disparage his employer in any way, he clearly stated that he believed it is appropriate to fill all legal prescriptions. For a period in July, the Ralph's Thriftway sign, which usually advertises sale items, read "Thanks for your support. Hiring pharmacist top salary." Aside from this unorthodox approach to seeking a professional pharmacist, this public message has given rise to speculation that Berdinka quit or was fired. However, in a recent phone conversation, he told me that although he is planning to move out of state in the near future, he continues to work at Ralph's part-time while the store owners seek a replacement.

Samantha Margerum's struggle to have her prescription for Plan B filled illustrates the need to make this time-sensitive medication more widely available. A resident of downtown who does not own a car, Sam was able to find a friend who could drive her to her nearest pharmacy, Ralph's. When her prescription was turned down there, she and her friend drove to the nearest pharmacy, Albertson's, where the pharmacist reported Plan B was out of stock. (A spokesperson at Albertson's corporate headquarters insists that Albertson's has no corporate policy against stocking Plan B. However, at least three women have had legal prescriptions for Plan B refused at two local Albertson's, always because they were "out of stock.")

At the recommendation of the Albertson's pharmacist, Sam next tried to fill her prescription at Walgreen's in Lacey (where I myself finally obtained Plan B). At Walgreen's, a pharmacy tech told Sam to return in 20 minutes to pick up her prescription. However, when she returned, an apologetic pharmacist told her that they were out of stock. The prescription was transferred to the West Olympia Walgreen's. Although the pharmacist at Walgreen's was gracious and accommodating, the freeway was clogged with rush hour traffic and traveling through downtown was slowed by the presence of Lakefair. Altogether, it took Sam over two hours to get her prescription filled, if she had been using public transportation, it could easily have taken twice as long.

The anti-choicer activists have joined boycotters on the picket line. Although Plan B is clearly a contraceptive, comprised solely of a synthetic hormone, pro-boycott picketers have become accustomed to being called "baby killers" by fanatics whose faith apparently makes facts irrelevant. These Ralph's supporters have confused the public driving by, who often assume that they are part of the crowd of boycotters, as many of their signs refer to choice. (Apparently, choice is a good thing when exercised by male store-owners.) One particularly puzzling incident involved an anti-choicer shouting at passing motorists: "Support women and children. Shop at Bayview!" It was not explained how shopping at stores where women's access to contraception is restricted supports women and children.

The anti-choicers also appear to be turning out to shop at Ralph's. Churchgoers have been exhorted to bring their grocery business to Ralph's to show their support for the Stormans, and picketers have noted that the demographics of the shoppers entering and exiting Ralph's parking lot seem to have changed. There are more large vehicles, more large families, and fewer groceries in their hands as they leave than one would have expected from the typical Ralph's shopper in former days. One picketer told me that she had a co-worker driving in from Tenino to shop at Ralph's because her priest encouraged her to support the Stormans' "moral stand." Gas is expensive and Ralph's prices are high; how long can people continue to support Ralph's at the expense of their own family budget?

While a few boycotters pledged to boycott Ralph's and Bayview for just the month of July, most are committed to boycotting until emergency contraception is stocked. In an effort to support carless boycotters, a twice weekly "Carpool to the Co-op" has been organized, with carpools meeting under the Ralph's sign on Thursdays from 5 to 7 p.m., and at Bayview at a yet undetermined time. For more information, contact planbcarpool@yahoo.com. Plan B Oly has planned large pickets for August. For the schedule and other updates, check the website at http://www.planboly.org, or send contact info to planboly@hotmail.com to be placed on the mailing list.

At the state level, the struggle to protect a consumer's right to have all legal prescriptions promptly filled has been progressing favorably. At the Pharmacy Board meeting on July 20, Executive Director Stephen Saxe announced that the Board had received 2450 public contacts on the issue of the current draft code which would allow pharmacists to refuse to fill any prescription for any reason, the overwhelming majority of which had been negative. He also mentioned that feedback had been received from legislators and the governor, expressing concern about the impact of adopting the draft. The Pharmacy Board missed a filing date with the code reviser, as some desire had been expressed among board members to make alterations to the draft before adopting it. Because this deadline had not been met, adopting the code as drafted at the August 31 meeting is no longer possible. The Board is scheduled to revisit the draft code at the August 31 meeting.

Donna Dockter, the Seattle pharmacist and pharmacy owner who has been the driving force for code that allows pharmacist refusal, seems to have lost support among her fellow board members. An interesting study in contradictions, Dockter sells emergency contraception without a prescription in her Sand Point pharmacy, yet she has championed the cause of pharmacist refusal. Rumor has it that her desire to allow pharmacists so much power in choosing whether or not to fill prescriptions has more to do with professional vanity than a desire to limit access to any particular drug, such as Plan B. At the July 20 meeting, Dockter lamented the media's representation of the draft code, insisting that its basic intent was to ensure that pharmacists were able to provide quality patient care. The overwhelmingly negative public input to the Pharmacy Board, she believed, was based on a lack of information. She had a prepared statement, characterized as a "public education piece," that she wished to read into the record. However, a motion was made, seconded and carried that this statement not be read. Clearly, the rest of the Pharmacy Board is backing away from Donna Dockter and her heavy-handed and unpopular insistence on pharmacists' rights over patients'.

Nancy Sapiro, an attorney with the Northwest Women's Law Center, was pleased with the Board's turnaround, and is hopeful that when the Pharmacy Board meets again, it will move forward with draft code which is "clear and concrete." When the language is unclear, as it was in the draft which created so much public objection, she explained, "it's difficult for the Pharmacy Board to enforce and discipline violators. Rule-making needs to be black and white."

An attorney with Planned Parenthood, Kelly Reese, said she hopes to see a revised draft that clearly states that "the pharmacy has a duty to dispense drugs as prescribed." She further noted that charging a pharmacist with a duty to dispense "does not diminish the pharmacist from using his or her professional judgment. Professional judgment puts the patient first." Nancy Sapiro agreed, noting that "Professional judgment must be distinguished from moral judgment." When asked about the situation in Olympia, where a pharmacy owner is refusing to stock emergency contraception, Sapiro responded that she believes the current WAC states that if there is a demonstrated need, the pharmacy owner needs to stock. However, she feels that the confusion over this situation "illustrates the need for clear black and white language."

Seven Olympia women filed complaints with the Pharmacy Board on July 27, which detail their failed attempts to fill legal prescriptions for Plan B at Ralph's Thriftway Pharmacy, Albertson's, and in one instance, Walgreen's. There have been grumblings that the Pharmacy Board tends to take a lackadaisical attitude toward disciplining pharmacies that violate code, and that complaints are sometimes overlooked. It will be interesting to see, in light of its embarrassment over the public outcry regarding pharmacist refusal, what disciplinary actions the Pharmacy Board chooses to take against Ralph's and Albertson's. Let's hope the Board of Pharmacy chooses to demonstrate its commitment to patient care, and protects the rights of medical consumers to have prompt access to their prescribed medications.