COMMISSION AGENDA MEMORANDUM ACTION ITEM Item No. Date of Meeting DATE: October 13, 2026 TO: Stephen P. Metruck, Executive Director FROM: Aaron Pritchard, Commission Chief of Staff 10a October 13, 2026 Francis Choe, Strategic Advisor, Commission Office SUBJECT: Port of Seattle Commission Resolution Opposing Initiative IL26-638 ACTION REQUESTED Request Commission adoption of Resolution No. 3855, a resolution to Initiative Measure No. IL26-638, Concerning Sex Verification Requirements for Participation in Girls' School Sports, Appearing on the November 3, 2026, General Election Ballot; and Reaffirming the Commission's Commitment, First Expressed in Order No. 2022-08, to Protect the Privacy of Personal Health Information and Health Care Decisions. EXECUTIVE SUMMARY During the general election on November 3, 2026, Washington voters will act on two statewide ballot measures sponsored by the political committee Let's Go Washington. Both were filed as initiatives to the Legislature; when the Legislature declined to act on them during the 2026 session, they advanced to the general election ballot for a vote of the people. Initiative Measure No. IL26-638 would prohibit students it defines as "biologically male" from competing in certain school athletic activities intended for female students only. It would require verification of biological sex by students' healthcare providers. The measure implicates Port interests on three fronts. First, it rests on the premise the Commission rejected in Order No. 2022-08 following the Dobbs v. Jackson Women's Health Organization decision, a 2022 U.S. Supreme Court ruling, in which the court ruled that the government may compel the disclosure of private health information as a condition of participation in public life. Second, the Port's aviation, cruise, and tourism lines of business depend on this region's reputation as a welcoming destination, reflected in SEA's record-setting COMMISSION AGENDA - Action Item No. 10a Meeting Date: October 13, 2026 Page 2 of 3 passenger traffic during the FIFA World Cup in June and July 2026. Third, the students the measure would subject to verification and exclusion are the same young people the Port recruits into its Career Connected Learning programs, high school internships, and the Youth Maritime Career Launch program. This resolution is brought forward alongside a companion resolution opposing Initiative Measure No. IL26-001 to establish the Port of Seattle Commission's opposition to IL26-638 on the November 2026 ballot, consistent with the Commission's record: its 2016 opposition to Initiative 1515 (Motion 2016-04), its gender-inclusive facilities direction (Motion 2018-08), its June 2023 Pride proclamation, its equity principle "Prioritizing the Most Vulnerable," and Order No. 202208 (aligning Port policy with Washington's Directive 22-21 cooperation or assistance with out-ofstate abortion and other reproductive health care investigations, prosecutions or other legal actions). ADDITIONAL BACKGROUND Statewide Let's Go Washington filed the measure in June 2025 and submitted 445,187 signatures on January 2, 2026. The Secretary of State completed signature verification on January 22, 2026, and the Legislature declined to act on the measure before the end of the 2026 session, certifying it to the November 3, 2026, general election ballot. Verification under the measure may be based on reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels, and applies to every girl seeking to play girls' sports regardless of gender identity. Opposition has been announced by the Washington State PTA, the ACLU of Washington, the Washington Education Association, and the No Hate in WA State coalition. On July 28, 2026, the Tacoma City Council unanimously adopted Resolution No. 41972 expressing opposition to both of Let's Go Washington's initiatives. On September 22, 2026, King County Council also formally adopted resolutions opposing Initiatives IL26-638 and IL26-001. Port of Seattle The Port's exposure is reputational and economic as well as values based. SEA serves more than 50 million travelers each year; the record 2025 cruise season carried nearly two million revenue passengers and generated an estimated $1.2 billion in regional economic activity, with a record 2.1 million cruise passengers expected in 2026. The Port also invests millions of dollars each year in young people now enrolled in Washington's public schools - through Career Connected Learning, high school internships at SEA, the $4.1 million Youth Maritime Career Launch program developed with the Urban League of Metropolitan Seattle and Washington Maritime Blue, and Duwamish Valley youth programs. COMMISSION AGENDA - Action Item No. 10a Meeting Date: October 13, 2026 Page 3 of 3 Measures that push young people out of school activities, or make schools less safe, directly undermine those investments in the Port's future workforce. ATTACHMENTS TO THIS REQUEST (1) Draft Resolution