Morning Crank: Incongruous With Their Fundamental Mission

Image result for futurewise logo

1. For years, environmental advocates who support urban density as a tool against sprawl have grumbled about the fact that the anti-sprawl nonprofit Futurewise has two men on its board who make a living fighting against the foundational principles of the organization—attorneys Jeff Eustis and David Bricklin. Both men were ousted from the Futurewise board last month after the board voted to impose term limits on board members, who will be limited to no more than three successive terms from now on.

Both Eustis and Bricklin are crossways with Futurewise on a number of high-profile local issues, including the question of whether Seattle should allow more people to live in single-family areas, which occupy 75 percent of the city’s residential land but house a shrinking fraction of Seattle’s residents. Eustis is currently representing the Queen Anne Community Council, headed by longtime anti-density activist Marty Kaplan, in its efforts to stop new rules that would make it easier to build backyard cottages and basement apartments in single-family areas. Bricklin represents homeowner activists working to stop the city’s Mandatory Housing Affordability plan, which would allow townhouses and small apartment buildings in  7 percent of the city’s single-family areas.

To get a sense of how incongruous this work is with Futurewise’s primary mission, consider this: Futurewise is one of the lead organizations behind Seattle For Everyone, the pro-density, pro-MHA, pro-housing group. Bricklin co-wrote an op/ed in the Seattle Times denouncing MHA and calling it a “random” upzone that fails to take the concerns of single-family neighborhoods into account.

Bricklin’s firm also represents the Shorewood Neighborhood Preservation Coalition, a group of homeowners who have protested a plan by Mary’s Place to build housing for homeless families on Ambaum Blvd. in Burien on the grounds that dense housing (as opposed to the existing office buildings) is incompatible with their single-family neighborhood. The Burien City Council approved the upzone, 4-3, after a heated debate this past Monday night at which one council member, Nancy Tosta, suggested that instead of allowing homeless families to live on the site, the city should preserve it as office space, since “part of the way of dealing with homelessness is to have people make more money.”

Bricklin is still on the boards of Climate Solutions, the Washington Environmental Council, and Washington Conservation Voters.

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2. Seattle City Council members reached no resolution this week on a proposal from the mayor’s office to approve the city’s purchase of GrayKey, a technology that enables police to easily (and cheaply) unlock any cell phone and review its contents, including location data, without putting the technology through a privacy assessment under the city’s stringent surveillance ordinance. If the city determines that a technology is a form of surveillance, the city has to prepare a surveillance impact report that “include[s]  an in-depth review of privacy implications, especially relating to equity and community impact,” according to the ordinance. The process includes public meetings, review by a special advisory group, and approval by the council at a meeting open to the public. In contrast, technologies that intrude on privacy but aren’t considered surveillance only require a “privacy impact analysis” that is not subject to formal public process or council approval. Previous examples of technologies the city has deemed to be surveillance include license-plate readers (used to issue traffic tickets) and cameras at emergency scenes.

The city’s IT department, which answers to the mayor, determined that GrayKey is not a “surveillance technology” after the company submitted answers to a list of questions from the city suggesting that the technology would only be used if the Seattle Police Department obtained a warrant to search a person’s phone. In an email appended to that report, Seattle’s chief privacy officer, Ginger Armbruster, wrote, “If phones are acquired either under warrant or with suspect[‘]s knowledge then this is not surveillance by ordinance definition.” In other words, Armbruster is saying that as soon as SPD gets a warrant to break into someone’s phone and scrape their data, the surveillance rules, by definition, no longer apply.

ACLU Technology and Liberty Project Director Shankar Narayan disagrees with this interpretation, noting that the surveillance law doesn’t include any exemption for warrants. “The ordinance is about the entire question of whether it’s an appropriate technology for an agency to have, and encompasses a much broader set of concerns. If the warrant serves the same function as a surveillance ordinance”—that is, if anything the police do after they get a warrant is de facto not surveillance—”then why do we need a surveillance ordinance? The intent of the council was to put scrutiny on technologies that are invasive—as, clearly, a technology that allows police to open your cell phone and download data about the intimate details of your life is.” It’s the technology, in other words—not how the city claims it will be used—that matters.

The city’s initial privacy assessment is brief and unilluminating. GrayKey skipped many of the city’s questions, answered others with perfunctory, one-word answers, and followed up on many of the skipped questions with the same all-purpose sentence: “this solution is used for Police case forensic purposes only. ”

Proponents of GrayKey’s technology (and GrayKey itself) say that the police will limit its use to child sexual abuse cases—the kind of crimes that tend to silence concerns about privacy because of their sheer awfulness. Who could possibly object to breaking into the phones of child molesters? Or terrorists? Or murderers? As council member Bruce Harrell, who said he does not consider GrayKey a surveillance technology, put it Tuesday, “No one has a right to privacy when they are visiting child pornography sites.”

The problem is that in the absence of review under the surveillance ordinance, even if police claim they will only use GrayKey to investigate the worst kinds of crimes, there will be no way of knowing how they are actually using it. (Narayan says police departments frequently claim that they will only use surveillance technology to hunt down child molesters, or terrorists, to create political pressure to approve the technology or risk looking soft on crime.) The council can state its preference that the technology be limited to certain types of especially heinous crimes, but if the phone-cracking technology isn’t subject to the ordinance which allows the city council to place legally binding limits on the use of surveillance tools, the decision facing the city is essentially binary: Approve (and purchase) the technology and hope for the best, or don’t.

This is why privacy advocates consider it so important to look at surveillance technology thoroughly, and to give the public real opportunities to weigh in on granting the city sweeping authority to review people’s movements and access their data.  Harrell said Tuesday that he didn’t want to “jump every time the ACLU says [a technology] raises issues,” and that he was confident that additional review by the executive would resolve any questions the council might have. But, as council member Lisa Herbold pointed out, there’s no requirement that the mayor’s office present the results of any future internal privacy assessment to the council—they can run it through a privacy impact assessment, reach the same conclusions they’ve already reached, and post it on the website with all the others without any additional input from the council or the public. The only way to ensure that concerns are daylighted before the city buys this, or any other, technology that could invade people’s privacy is to determine that GrayKey is surveillance, and put it through the process. At the end of Tuesday’s meeting, the council’s governance, equity, and technology committee had made no decision on whether to subject GrayKey to additional scrutiny or wait to see what the mayor’s office does next. The city currently plans to purchase the phone-cracking technology sometime in the third quarter of next year.

Why Is a Statewide Anti-Union Group Trying to Stop a Tiny House Village in Seattle?

Image via Low Income Housing Institute

This post originally appeared at the South Seattle Emerald.

When the Olympia-based Freedom Foundation—a conservative group that has spent the bulk of its energy over the past decade fighting against health care workers’ right to organize—filed a lawsuit to stop a Low Income Housing Institute-run “tiny house village” for homeless people from opening in South Lake Union, it raised some eyebrows.

The encampment, like other tiny house villages, would consist of a collection of garden-shed-like temporary housing units that would occupy a city-owned lot on 8th Avenue North and Aloha Street. Why, union members and homeless advocates wondered, was a statewide think tank that describes its mission as “advanc[ing] individual liberty, free enterprise, and limited, accountable government” get involved in a local land use dispute about a homeless encampment on a single block in Seattle?

“When we saw [the lawsuit], we thought, ‘That’s weird,’” says Service Employees International Union (SEIU) 775 spokesman Adam Glickman. “Back in the mid-2000s, the Freedom Foundation was involved in the statewide initiative to get rid of the Growth Management Act (GMA), but recently they’ve been pretty laser-focused on attacking unions and, to a lesser degree, taxes.”

The SEIU represents home health care workers and has spent many years embroiled in legal and political battles with the Freedom Foundation over the union’s right to organize home health care employees and other quasi-public workers.

Glickman says that other than the anti-GMA campaign, he can’t remember the Freedom Foundation ever getting involved in a land use dispute, and certainly not one at such a hyperlocal level.

Neither, for that matter, can the Freedom Foundation’s own attorney, Richard Stephens, to whom a spokesman for the group referred all questions about the lawsuit.

“I’m going back a while, and I can’t remember any other cases like this,” Stephen says. “Most of what [the Freedom Foundation is] doing now is labor law, free speech, freedom of association kinds of things, but historically, they’ve had kind of a broad scope.”

In fact, the lawsuit itself asserts that the reason the Freedom Foundation has standing to sue over a proposed encampment in Seattle in the first place is on the grounds that it claims to generally represent the interests of people in Washington State “in regard to governmental treatment of people at all levels.”

The lawsuit claims that the city failed to do an environmental review of the encampment, which the group claims will lead to “loitering and substandard living conditions in this particular area”; that the city didn’t sufficiently inform the community about its plans to authorize the Low Income Housing Institute (LIHI) encampment; and that the encampment is illegal, anyway, because the legislation allowing the city to authorize sanctioned encampments only allows three such encampments at any one time.

Of those three arguments, Stephens says the third, involving the law that limits the number of authorized encampments to three, is “the cleanest,” because the law is explicit: “No more than three transitional encampment interim use encampments shall be permitted and operating at any one time,” not counting those located next to religious facilities.

“When the city council adopts an ordinance that says … we’re only going to allow three of them to operate at any one time, then it seems clear that the city staff is just ignoring what the city council did,” Stephens says. “That is sort of the clearest violation. But the other problem is the city council also said when you approve these, you’ve got to ensure there’s the right community outreach and public participation, and it seems like the city and the applicant [LIHI] are scrambling around to do it after the fact.”

Currently, the city has six permitted encampments. Lily Rehrman, a strategic advisor at the city’s Human Services Department, says the new encampments have been authorized under Type 1 Master Use Permits, which are four-week permits that must be periodically renewed. This distinguishes them from the permits used for the first three authorized encampments, in Ballard, Othello, and Interbay.

“Under this type of permit, temporary land uses, like permitted villages, are allowable,” Rehrman says, a claim the Freedom Foundation disputes. LIHI has applied for a four-week Type 1 permit, and LIHI director Sharon Lee says that if the tiny house village is approved, she will apply for periodic renewals.

“I don’t know if you noticed, but there’s a state of emergency,” Lee says, referring to the state of emergency on homelessness that former mayor Ed Murray declared in November 2015.

According to the most recent count of the city’s unsheltered homeless population, there were at least 4,488 people living unsheltered in Seattle. All Home King County acknowledges that this is an undercount, and that the total number is, in reality, higher.

Lee calls the Freedom Foundation’s claim that there wasn’t enough public outreach before the city approved the encampment specious.

“The whole point of having the two community meetings—one in May, the other earlier this month—was to get people to volunteer for the community advisory committee that is required in the legislation allowing encampments,” Lee says. “And not only were there two community meetings, there were also presentations to the chamber of commerce and other organizations.”

Mayor Jenny Durkan formally announced plans to fund the tiny house village in South Lake Union through the “Bridge Housing” program in May, but the idea of sheltering hundreds of homeless people in tiny house villages across the city has been around since at least last February, when Durkan first announced the plan.

The city attorney’s office declined to comment on the lawsuit, beyond a brief statement from spokesman Dan Nolte: “We fully intend to defend the City in this suit, and we’re currently assessing the claims.”

Data analysis “does not link a correlation or causation between the Licton Springs Village and crime.”

Before the Freedom Foundation got involved, the debate over the encampment centered largely on whether the camp would impose a danger to neighboring residents and harm property values in the surrounding area. The proposed site is three blocks north of Mercer Avenue and sits in the epicenter of South Lake Union gentrification. Earlier this month, at a standing-room-only meeting in South Lake Union, opponents focused on the fact that the encampment will not be explicitly clean-and-sober, although drugs and alcohol will be banned in common areas.

The comments from opponents drew guffaws and shouts from tiny house village supporters in the crowd. One neighbor, condo owner Betty Wright, said South Lake Union was “too crowded to handle 100 additional people—I don’t want to say ‘poor people’—people with issues. I was hoping to move to a safe place where I don’t have to worry about crime. I used to run down to the garage in my jammies. I can’t do that anymore. I won’t do that anymore.”

Wright’s neighbor and fellow condo owner Greg Williams suggested that instead of allowing “the ‘homeless,’ as you call them” to live on the site and “destroy it,” they should be required to provide free labor as payment.

“They can give us four hours a day. They can clean. They can do something for us,” Williams said.

“That’s called slavery!” someone shouted from the back.

Amid all the opposition, several people spoke up in favor of LIHI’s plan. They included Kim Sherman, a Beacon Hill resident who hosts a formerly homeless man in a backyard guest house through a program called the BLOCK Project; Mike McQuaid, a member of the South Lake Union Community Council; and Sue Hodes, a longtime activist who worked on the pro-head tax “decline to sign” effort.

Hodes asked the people in the room who opposed the encampment to recognize that “poor people are people” but got shouted down when she pointed out that opponents of stopgap survival measures like tiny house villages and encampments are “mostly white, mostly middle-class.”

According to an annual survey commissioned by All Home, 20 percent of King County’s residents living outdoors have jobs; 25 percent cited job loss as the primary reason they lost access to shelter; and 45 percent were actively looking for work. Moreover, there is little evidence that authorized encampments actually increase crime in neighborhoods.

Although the Seattle Police Department (SPD) says it’s difficult to attribute the rise and fall in crime statistics in and around authorized encampments to any single factor, SPD Sergeant Eric Zerr, who heads up the Navigation Team that removes unauthorized encampments and offers services to their inhabitants, says there’s no comparison between the “criminality” around unsanctioned encampments and camps like those run by LIHI, which include case management, 24/7 security, and basic necessities such as food, restrooms, and showers.

“If you’re living in a tent [in an unsanctioned encampment] and you don’t have any source of income, there’s criminality that goes along with that,” particularly if the people living in encampments are addicted to drugs, Zerr says. “When you have [drug] usage, there’s prostitution, there’s the property crimes, there are domestic violence issues, trafficking issues, serious assaults, rapes, gunplay, that type of thing.”

A review of recent police reports from unsanctioned encampments in greenbelts along I-5 confirms that violent crime is still a regular occurrence in these encampments, although SPD provided no specific evidence connecting unauthorized encampments to crime in the surrounding neighborhoods.

“If you’re living in a community, and you have the life-sustaining things that we consider to be a normal part of life, [plus] case managers and a defined space, you move into a different kind of mindset,” even if, as with the proposed tiny house village in South Lake Union, drugs and alcohol aren’t strictly prohibited, Zerr says of life in a sanctioned, monitored encampment with case management and other basic services.

SPD said it was unable to provide crime statistics demonstrating crime rates in the areas immediately around every sanctioned encampment in the city before and after those encampments opened. Detailed information about specific incidents in and around encampments used to be available online, but is no longer. That data was unreliable when it was available, however, because it included many duplicate incidents, and excluded some incident reports for privacy reasons.

SPD’s Crime Dashboard breaks down crime statistics into 58 neighborhoods, like “Lakewood/Seward Park” and “Rainier View,” but because these are large geographic areas, it’s difficult to attribute changing crime rates specifically to the presence of sanctioned or unsanctioned encampments. However, SPD spokesman Sean Whitcomb says it just stands to reason that “if you’ve got organization and structure, it’s going to be safer, and if you don’t have organization and structure, and it’s just random, then it’s going to be less safe.”

SPD did create a document summarizing the rate of crime in the neighborhood immediately surrounding the authorized encampment in Licton Springs, which—unlike LIHI’s proposed tiny house village in South Lake Union—is explicitly low-barrier, meaning that people in active addiction can live, and use drugs and alcohol, on the premises. LIHI owns the Licton Springs property, but the encampment is operated by a separate group, SHARE/WHEEL, which is not involved in the proposed South Lake Union encampment.

According to the SPD document, “the block containing Licton Springs Village (N 85 to N 88 and Aurora to Nesbitt) remains one of the busiest areas in the North Precinct, both in police proactivity and calls for service.”

The document shows that crime has increased by some metrics and decreased in others, but cautions that the “data analysis … does not link a correlation or causation between the Licton Springs Village and crime.”

Zerr, the Navigation Team leader, says he would personally “feel fine” if a tiny house village opened in his neighborhood, but adds that he supports “energized and maybe even contentious debate” like the one that’s currently taking place in South Lake Union.

“I’d be going down asking those same questions, to make sure the city has thought everything through and that the residents have a voice. Those are things that a responsive government should offer its citizens when they’re going to change the living conditions of their neighborhood,” Zerr says.

Lee, the LIHI director, says she remains optimistic that the South Lake Union tiny house village will be able to open on August 15, as scheduled. “We’re optimistic,” Lee says. “We want to get homeless men and women off the streets before the winter.”

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: Reminiscences

File:Seattle Streetcar 301 leaving Pacific Place Station.jpg

Streetcar image by Steve Morgan.

1. Earlier this month, 100 representatives from Seattle neighborhood groups, downtown businesses, and advocacy groups—including the interim director of the Transportation Choices Coalition and the head of the Compass Housing Alliance—wrote a letter to Mayor Jenny Durkan urging her to move forward with the delayed, over-budget downtown streetcar line, which would connect the two existing streetcars (which go from Chinatown to First Hill and from Westlake to South Lake Union) via a “Center City Connector” running on First Avenue downtown. Durkan pressed pause on the project in March,  directing the city to do its own investigation, and hired a consultant to do an outside review of the $200 million project, setting a self-imposed deadline of June 19 that came and went without a report from the consultant. (According to the Seattle Times, the results of the internal review are expected to be released on Friday).

The letter, which urges Durkan to think of all the small minority-and family-owned businesses that would benefit from the streetcar, is in many ways reminiscent of the public pressure that came to bear on Durkan in two other recent debates: The head tax (a $250-per-employee tax on about 500 high-grossing businesses) and the appointment of a new police chief. In both cases, Durkan took a controversial position, then changed her mind. With the head tax, she opposed the version the city council initially proposed, then reversed course to support it after ostensibly getting Amazon on board, then flipped again to oppose it after a coalition of businesses and developers created a campaign to defeat it at the polls. In the case of the police chief, Durkan initially eliminated interim Chief Carmen Best from the running, citing the recommendation of her appointed search committee, whose chairman, Tim Burgess, said the group agreed “it was best at this point for an outsider to be brought in as the next chief.” Yesterday, in a stunning turnaround, Durkan appointed Best, saying by way of explanation that the thing that had changed between Best’s elimination from the running and her appointment as chief was that “she got on the list of three finalists.”

So will Durkan flip-flop on the streetcar as well—approving the over-budget link between two slow, underutilized lines in response to pressure from community groups that argue the streetcar is the best way to provide “much-needed transit access and enhanced mobility” to people traveling through downtown? Look back in this space after Friday, but I wouldn’t be too surprised if the streetcar turns out to be Durkan’s third 180 in as many months.

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2. Late Monday night, the Bellevue City Council approved a process for siting permanent shelters in the city, which is a first step toward the lengthy process of approving a permanent shelter in Bellevue—a process that could still take another several years. Currently, the only shelters in Bellevue are temporary; the land use code amendment adopted Monday creates a land use code designation for a permanent shelter. The arguments for and against the shelter were reminiscent of the debate over shelter in Seattle, writ small—what’s at stake in Bellevue are 100 potential permanent shelter beds, compared to the more than 3,100 shelter beds that currently exist in Seattle.

Among other amendments, the council narrowly rejected a proposal to require a 1,000-foot buffer between the shelter and any residential areas or K-12 schools (the amendment would have also allowed shelters to be located up to one mile away from a transit stop, rather than within a half-mile, which would effectively limit shelters to industrial areas inaccessible by transit. The council also considered, and rejected, the idea of making homeless shelters a temporary, rather than a permanent, use.

The city of Bellevue has been embroiled in debate for years over a proposed men’s shelter in the Eastgate neighborhood, near Bellevue college and a Sound Transit park-and-ride. According to the most recent one-night count of King County’s homeless population, there were at least 393 people living unsheltered in East King County.

Former city council member Kevin Wallace and recently elected council member Jared Nieuwenhaus have suggested that the shelter could be located in an industrial area near Sound Transit’s light rail station in the Bel-Red neighborhood, which would require Sound Transit to create new plans incorporating a shelter into its light rail station. (When he was on the council, Wallace, a developer, frequently tried to delay or alter Sound Transit’s plans to build light rail to Bellevue.)

Council member Jennifer Robertson, an opponent of the changes adopted Monday, claimed she had seen crime statistics that showed that the majority (55 percent) of the property crime in the city of Portland was committed by the 3 percent of its population who are homeless, along with 39 percent of the violent crime. I was unable to track down this statistic; Portland’s crime dashboard, like Seattle’s, does not track crime rates based on a perpetrator’s housing situation.

Deputy mayor Lynnne Robinson, who voted for the land use amendments, said she had never seen a process drag out this long. “We made a commitment to site a permanent men’s shelter, and there [has been] more public process  in this [land use code amendment] than I’ve ever seen in anything else in my five years on the council that we’ve permitted or created a permitting process for,” Robinson said.

The first temporary winter shelter in Bellevue opened in 2008; the city first committed to opening a permanent shelter for men in 2012.

Evening Crank: Week 2 Shakeups at SPD, Seattle City Light

The big news out of city hall today was the surprise announcement, dropped in the middle of a press conference to announce the less-surprising news that Seattle police chief Kathleen O’Toole was stepping down, that Seattle City Light director Larry Weis had resigned over the weekend. “It was clear to me that City Light … was somewhere we needed to make a change,” Durkan said this morning. “I talked to the director in terms of what my expectations were, we made a mutual decision that he would resign and so we will be having a nationwide search to make sure that we get the right person in place.”

The news of Weis’ departure came after allegations of widespread sexual harassment and sexism in the department, and after the department’s new consolidated utility billing system launched months late and at least $34 million over budget. “We’ve had challenges at City Light… everything from billing to the workplace environment,” Durkan acknowledged.

Weis is the highest-paid city employee, with a base salary of $340,000, and the only department head eligible for a performance bonus; earlier this year, while seeking a $30,000 bonus, he gave himself perfect marks on a self-evaluation of his performance. I asked Durkan whether she planned to compensate the next director as generously as Weis, whose high salary former mayor Ed Murray justified by saying a lower salary would not be competitive with similar positions in the private utility market. “I’m not going to comment on what the range of compensation is, but I can tell you that if we pay at a certain range, we expect a certain performance,” Durkan responded. The city will do a national search for Weis’ replacement; during the last national search, which resulted in Weis’ hiring, the city paid $50,000 to an executive recruiting firm.

SPD chief O’Toole will be replaced, on an interim basis, by deputy SPD Chief Carmen Best, who will the the first African-American woman, and only the second woman, to head the department. The search committee will be headed up by ACLU deputy legal director Jeff Robinson, former mayor Tim Burgess, Chief Seattle Club director (and Community Police Commission member) Colleen Echohawk, and ex-King County sheriff Sue Rahr. Durkan said she would announce the other members of the search committee in the next two weeks, and that they will begin a national search at the beginning of 2018. O’Toole’s last day will be December 31. Best said she plans to apply for the permanent position. Best’s status as a department veteran—she’s could give her the inside track on the job.

Durkan announced she had asked several other department heads, including fire chief Harold Scoggins, Office of Emergency Management director Barb Graff, and Seattle Public Utilities director Mami Hara, to stay. Last year, Hara was given a significant pay increase, to around $300,000, after the city’s human resources department argued that her pay was not competitive with similar department heads in other cities.

Durkan said to expect more big HR announcements in the coming weeks. Don’t take this as gospel, but I wouldn’t be surprised if she’s taking a close look at who’s running the Office of Housing and the Human Services Department, two departments whose profiles are only going to get higher as the city—and Durkan—tackle the growing homelessness crisis in the coming year. And I would be shocked if she isn’t planning to announce a new director for the Seattle Department of Transportation (whose current director, Scott Kubly, is already applying for jobs out of town) very soon. Although many urbanists may long to see Durkan appoint Jessyn Farrell, the former mayoral candidate, state legislator, and director of the Transportation Choices Coalition, the better money’s on SDOT chief of staff Genesee Adkins, the former chief lobbyist for King County and, as it happens, a former Transportation Choices policy director herself.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, phone bills, electronics, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: “If you haven’t learned, I’m sorry. That’s your fault.”

1.  Have we had enough transparency yet? The 15 candidates to fill the city council seat being vacated by interim mayor Tim Burgess have now had two chances to make the case for themselves, and what we’ve learned is that Alex Tsimerman thinks Lorena Gonzalez is a “cheap potato,” Tiniell Cato thinks it’s her “human right” to talk out of order and go over her allotted time, and Lewis Jones—the guy who made hand-painted signs for his “campaign” for mayor—believes special enzymes in purple grape juice cure the flu.

The job qualifications for the temporary council position include knowledge of the city budget and familiarity with city government. A group of advocates that included third-place mayoral candidate Nikkita Oliver and Gender Justice League director Danni Askini argued that the process for filling the seat needed to be more “transparent” so that a wider range of people would apply. That range extends, apparently, from people who use the term  “colored people” (Jones again) all the way to people named Doug who have the endorsement of “Doug’s Voter’s Guide,” written by Doug.

The clear frontrunner remains former council member Nick Licata, who has participated gamely in both forums, and praised the council for opening up the process to the general public. Tsimerman, for his part, described the process as a “circus for children” that would end up with the same result as if the council had just picked a candidate. Then he was removed from council chambers by security.

2. Mayoral candidate Cary Moon, who appeared alone onstage at a mayoral forum Tuesday night (her opponent, Jenny Durkan, was hosting a campaign fundraiser at the downtown offices of the K&L Gates law firm), has maintained that she will be able to serve on the Sound Transit board despite the fact that her husband, architect Mark Reddington, is a principal at LMN Architects, a firm that is doing design work on numerous Sound Transit light rail stations. (The Seattle Times was the first to report that Moon might be unable to serve on the board.) At a forum on the arts and environment earlier this week, Moon said the potential conflict “doesn’t mean I won’t get to serve on the Sound Transit board” and said that if that “very minor situation… arises, I will recuse myself and someone else from the city will be empowered to make that decision on my behalf.”

After Tuesday night’s forum, Moon told me she believed that if the board was taking a vote that could impact LMN, such as a vote on one of the firm’s contracts, she could delegate her vote to “somebody else, like the SDOT director or deputy mayor or someone on the council.” It’s unclear whether Sound Transit board members are able to delegate their votes in this fashion, however, and Sound Transit’s ethics policy includes no obvious provision for board members to tag in another Seattle representative in this way. It says,

If a conflict of interest is confirmed, the Board member shall disqualify himself or herself from discussion or voting upon the legislation or matter, and an officer shall refrain from discussion or recommendation concerning the legislation or matter, if discussion or voting thereon would constitute a conflict of interest, or apparent conflict of interest, as described in this section or violate any other governmental law or regulation. Any Board member or officer who is disqualified by reason of such conflict of interest shall, after having made the required disclosure set forth above, remove himself or herself from his or her customary seat during such debate and leave the Board Resolution No. 81-2 Page 14 of 20 chambers until such time as the matter at hand, from which such Board member or officer has been disqualified, has been disposed of in the regular course of business. Any action taken by the Board or a committee related to such interest shall be by a vote sufficient for the purpose without counting the vote of the Board member having the interest.

Sound Transit spokesman Geoff Patrick said he couldn’t “speculate about issues or circumstances around any particular candidate or other individual in the event she or he were to be appointed to the Board,” and noted that it’s up to the county executive to decide which Seattle representative or representatives to appoint to the Sound Transit board.

3. Also at Tuesday’s forum, things got heated between city attorney Pete Holmes and his opponent, former mayoral public-safety advisor Scott Lindsay, when Lindsay blasted Holmes for aggressively prosecuting men who pay for sex even when those men may be subject to deportation. (In recent years, the city has moved away from prosecuting prostitutes to cracking down on johns, in an effort to avoid revictimizing women who have been trafficked and sold against their will.) Lindsay said he would adopt an approach that did not result in men being deported for attempting to solicit prostitutes.

Then Holmes took the mic: “We have to hold sex buyers accountable for driving the commercial sex industry that, in turn, is driving most of human trafficking,” Holmes said. “We have a fundamental disagreement [with immigration lawyers.] It only takes a second violation for sex buying before you can be subject to deportation under federal law. The first one will not get you deported. And I’m sorry, I lose sympathy on the second one. If you haven’t learned, I’m sorry. That’s your fault.”

4. Seattle Subway, a transit advocacy group, has been in a bit of a war with the political arm of the Transportation Choices Coalition, the influential pro-transit nonprofit, over its endorsement of Jenny Durkan for mayor. (TCC spearheaded the Sound Transit 3 and Move Seattle campaigns; its endorsing arm is called Transportation for Washington). On its Twitter feed, Subway said that TCC’s endorsement was “clearly” not based on Durkan’s platform (nor, presumably, her political views, track record, or ability to deliver on her promises), but on some mysterious “something else.”

Yesterday, the group doubled down with this subtweet, claiming that “racist shock jock Jason Rantz” (of right-wing radio station KTTH) had endorsed Durkan:

The implication is that Durkan has views that are somehow in line with Rantz’s, and is perhaps even “racist” by association—and what kind of transit group would support a candidate like that? However, I found no evidence anywhere that Jason Rantz has endorsed or expressed support for Durkan—which makes sense, given that Durkan is a liberal Obama appointee and a mainstay in the local Democratic Party establishment. Rantz doesn’t write about Seattle electoral politics much (his audience is more “hypertensive suburban MAGA dad” than “Seattle odd-year voter”) but I did find one piece where he mentioned Durkan—as the candidate to vote for if your issue is “identity politics.”

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The C Is for Crank Interviews: City Attorney Candidate Scott Lindsay

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue doing interviews like this one, which take an average of about 8-10 hours from start to finish. This site is funded entirely by contributions from readers like you. Thank you for reading, and I’m truly grateful for your support.

Scott Lindsay, the onetime public safety advisor to former mayor Ed Murray who is challenging City Attorney Pete Holmes, was in the news a few weeks ago for leaking draft legislation that would offer limited amnesty from fines and impoundment to people living in cars and RVs and create dozens of small safe lots for people to park their vehicles around the city. Lindsay released an early version of the bill, sponsored by city council member Mike O’Brien, last month, forcing O’Brien to quickly amend and release the proposal and to hold a hasty press conference to walk back some of the more controversial elements of the draft Lindsay leaked. Lindsay’s reputation as the guy who defended Murray’s encampment sweeps, and his efforts to kill legislation reviled by neighborhood activists, like O’Brien’s RV bill, helped earn him the endorsement of the Seattle Times, which effused about his “tougher,” “stronger,” more “aggressive” approach to homelessness and drug addiction. But Lindsay has also won endorsements from onetime Holmes supporters like Harriet Walden and Lisa Daugaard, two members of the Community Police Commission and longtime advocates for police accountability and reform. The CPC soured on Holmes when he proposed delaying police reform legislation earlier this year.

I sat down with Lindsay at Cupcake Royale in Madrona.

The C Is for Crank [ECB]: When we set up this interview, you said you could make a strong case that people who lean further left should vote for you. From what I’ve seen so far, most of your support has been coming from the right, from places like the Seattle Times editorial board and neighborhood groups like Safe Seattle. If you’re the candidate for the left, why are those groups so convinced that you’re their guy?

Scott Lindsay [SL]: I have no idea what their impressions are. I’ve clashed in very public ways with them. What makes me different, and maybe what they might find attractive, is, I’m willing to go talk to them, and I’m actively trying to convince them that fighting supervised [drug] consumption [sites] is maybe not the smartest use of their resources. The thing that also may differentiate me is that I do think we have some public safety issues in the city of Seattle, and I’m willing to acknowledge that. I think  we’ve heard a lot of talk about a progressive approach to public safety. We have not seen action and we have definitely not seen results, and I’m a guy who is going to not only say it but do it.

ECB: What are some of the places where we haven’t seen results?

SL: Holmes, and in fact all of the Seattle political establishment, talks as if we have implemented significant criminal justice reforms in Seattle when we’ve not. We’ve not. The [Law Enforcement Assisted Diversion program has been in existence for five and a half years, and it’s barely grown outside of downtown into Capitol Hill. [Eligibility for LEAD] has not yet expanded out of the narrow classification of [criminal] charges that we started with. That program is touching just some tiny portion of the population that actually needs it. Holmes says that the cosponsored LEAD, but I haven’t seen any evidence of his engagement over the last three years. We’re not delivering on that program. We’re not delivering on  criminal justice reform within the court  system. And so the result is, people are cycling through the system repeatedly, and reoffending to a significant degree.

ECB: What do you say to neighborhoods when they’re already worried about Navigation Centers bringing more homeless people into their communities? It sounds like you’re saying to them, ‘We’re going to take people directly out of jail and bring them into your neighborhood.’

SL: Well, they’re going directly out of jail and into your neighborhood anyway.

What I told the Seattle Times is, I laid out a specific plan and I said we need to address the intersection of criminally involved individuals who are suffering from addiction and suffering from homelessness. And I brought to them specific data about how that population makes up the bulk of people currently being prosecuted by the city attorney and how we’re getting very crappy results in terms of trying to change the behavior of that population.

ECB: Do you believe that the population of homeless people with addiction is primarily responsible for crimes like car prowls and break-ins?

SL: Absolutely.

ECB: What makes you so confident?

SL: Because that’s what our data tells us, and that’s what our police tell us, and that’s what our courts tell us. Go to SPD and they will say that virtually 100 percent of the car prowls in the North Precinct are committed by people whose underlying issue is addiction, principally heroin and methamphetamine.

ECB: I find addiction as a contributing factor easy to believe. What I don’t know, and what I’m asking, is how many of the people committing property crimes are homeless. I have heard many people in the neighborhoods express the opinion that by cracking down on homeless people, the city will solve the problem of property times, and I’m wondering if you think that’s true.

SL: I am the first to say that we are not talking about all homeless. The county has done good work on this. What we know is, it’s people with addiction and who are unsheltered who are currently going through  the system. That does not mean that the vast bulk of homeless individuals are criminally involved or that they’re struggling with addiction, but the folks who are in the  criminal justice  system are very substantially homeless and suffering from addiction.

This is our status quo—the streets-to-jail cycle—right now. We’ve got a lot of folks who are coming out of the criminal justice system right back onto the streets, right back into homelessness, right back into drug addiction. So we have to go and do proactive outreach to folks where they are. The Navigation Team is a form of proactive outreach that’s trying to find low-barrier housing and services for folks to get them out of the cycle before they enter into  criminal justice  system.

The second [intervention] is diversion after arrest. That means expanding LEAD citywide and expanding the total number of qualifying crimes for LEAD. If somebody’s committing a car prowl right now, and they are arrested right here, and their underlying issue is addiction and homelessness, that would be a perfect client for LEAD. And yet because we’re outside of the geographic boundary [of LEAD] and car prowl is not a qualifying crime, they are not eligible to be diverted. Then, if we arrest somebody whose underlying issue is addiction and homelessness [and the case goes to court], we should tie that judge into the Navigation Team, into LEAD, and have, in effect, a street court that is oriented around a harm reduction approach.

And then, in jail, we have to have treatment options. The second somebody on a Seattle Municipal Court charge is booked into a jail and if they [have heroin] addiction,  we need to be offering them counseling and, if not methadone treatment, which can be more involved, then at the very least suboxone.

And finally, we need to have a serious warm handoff. Instead of pushing folks [leaving jail] out onto the street who we know came in homeless, came in with addiction, let’s crate warm handoffs, all tied into the Navigation Center and the Navigation Team.

ECB: So is idea they would exit jail and go straight into the Navigation Center?

SL: I think so, yes—or in a setting similar to the Navigation Center facility.

ECB: It seems like that would require a scaling up of our shelter facilities that isn’t anticipated in the Pathways Home plan (which proposes a shift from shelter to permanent housing) or in the city budget.

SL: This is a four-year plan, but absolutely, if we’re going to be serious about these things, we need to have a vision, have an architecture, and then fund these things appropriately.

ECB: What do you say to neighborhoods when they’re already worried about Navigation Centers bringing more homeless people into their communities? It sounds like you’re saying to them, ‘We’re going to take people directly out of jail and bring them into your neighborhood.’

SL: Well, they’re going directly out of jail and into your neighborhood anyway. And so the question is, can we do something to reduce the impact of that? We already have a lot of transitional and halfway housing around Seattle. We’ve been able to manage this in the past. The Navigation Center is a temporary way station on the way toward, hopefully, more permanent options.

ECB: Would you have released the draft [of Mike O’Brien’s RV legislation] if you were city attorney?

SL: Not if they were seeking my attorney-client privileged legal advice.

ECB: What if they weren’t, and you just didn’t like a piece of legislation and you wanted to slow it down?

SL: I think the city attorney should speak publicly on issues of significant importance to the city.

ECB: Why did you leak O’Brien’s RV legislation—or do you dispute the term ‘leak’?

SL: I dispute the term ‘leak.’

ECB: Okay, how come?

SL: So O’Brien had created his [vehicular living task force]. They’d made their recommendations in April. He then worked up the legislation and his office spread it to a lot of stakeholders. They briefed it to some other council members. They briefed it to city departments. And it spread to series of stakeholders. His office then put out an email out 15 to 20 stakeholders that they were introducing that version of the legislation imminently and it was in the law department for a final review—with minor revisions, but they made clear that it was final. That version of the legislation was in the hands of 50 to 100 people. It was not closely held. In that email, they said, we are introducing it imminently and we’re going to have two hearings on it his month and vote it out of committee right after Labor Day. It was a very truncated legislative process right in the middle of August, when a lot of people aren’t paying attention. That had me very concerned, because I thought the legislation was deeply flawed in a legal sense and a policy sense, and that O’Brien was going to try to shove it through at the wrong time. I wasn’t going to do anything with it until his office said they were introducing it imminently. Once they said they were doing that and on such a truncated timeline, I made it public.

ECB: Would you have released the draft if you were city attorney, rather than a candidate for city attorney?

SL: Not if they were seeking my attorney-client privileged legal advice.

ECB: What if they weren’t, and you just didn’t like a piece of legislation and you wanted to slow it down?

SL: I think the city attorney should speak publicly on issues of significant importance to the city. I have very specific experience with this. I was the guy who created the RV safe lots [a safe RV parking program that the city abandoned after deciding it cost too much.] I tried to make those work. I saw what the challenges were. So I have experience. I’ve also seen how Mike O’Brien’s program, Road to Housing, which we spent several hundreds of thousands of dollars on, was a serious flop. [Road to Housing was a program that encouraged churches to allow people living in vehicles to park in their lots. Ultimately, it only created a dozen safe parking spots]. So I’m not coming at this as, ‘Oh, I got a special document and I’m just going to throw it out there.’

“They had a small group of investigators that were able to make sure the domestic violence cases were able to be filed right away. Holmes says domestic violence is a top priority, but he took away these investigators. SPD’s domestic violence unit is telling me, ‘Here’s why we’re getting shitty results out of our domestic violence cases.'”

ECB: Why did you think O’Brien’s plan wouldn’t work? What was the issue?

SL: I think the blanket amnesty [from fines and towing] is just a very legally problematic policy. The thought that we could create 50-some safe lots is unfortunate—it’s counterproductive because we already have experience with this. At the end of the day, what we found was that trying to serve people in their vehicles and to help them stay in their vehicles is the most expensive way to try to service this population.

ECB: So what is a more effective and affordable solution?

SL: I think we need to vastly ramp up the outreach, and outreach to somewhere. Just going and sending an outreach worker alone and cold to a situating and saying, ‘Hey, would you like services?’—the answer is almost always ‘No, thank you.’ Having a police officer try to resolve the legal issues and the social and health issues at the same time is a more effective model.

ECB: You said that ‘blanket amnesty’ isn’t workable from a legal perspective. It seems to me that from a ‘managing homelessness’ perspective, towing people’s vehicles away isn’t working either, since they go from being homeless people in cars to being homeless people in tents and doorways.

SL: There’s a way to do this with appropriate controls and forgiveness, where we say, if your vehicle’s broken down and you received tickets and all you need is $250 for a new starter, we’re going to forgive the tickets and we’ll help you with the starter, but you have to get your vehicles back into basic legal compliance. We absolutely should not be towing somebody’s vehicle away if it’s just a matter of some basic economics. At the same time, to say that there’s blanket amnesty if you’re living in a vehicle creates a whole host of significant issues.

Go under Spokane Street. We had massive fire hazards. We had major public health problems. We had widespread exploitation of women. We had serious drug dealing and other issues. And we had a homicide just three weeks ago. How is the city going to manage the impacts of significant accumulations of vehicles in one location if there’s a blanket amnesty?

ECB: Let’s shift gears and talk about domestic violence. You accuse Pete of declining to file more DV cases than any city attorney in recent history. His counter is that he’s been boosting more DV cases to felony status, which goes through the county court system, and that the number of DV cases that come before the city attorney are cyclical. How do you respond?

SL: The decline rate, at which they refuse to file cases up front, is 65 percent. That is the highest that it’s been in Seattle’s history. In 2009, it was under 50 percent. So, per the city attorney’s own stats, they are declining to file more cases than they ever have in the history of Seattle. [Ed: The city attorney can decline to file a domestic case for prosecution for many reasons, including a victim who is unwilling to testify, incomplete or unclear paperwork, or an accuser who decides it’s safer not to press charges; charges that are boosted to felonies also show up as declines].

One of the major problems is that Pete Holmes has been shuffling and reshuffling the criminal division and moving people around. They had a small group of investigators that were able to make sure the domestic violence cases were able to be filed right away. Holmes says domestic violence is a top priority, but he took away these investigators. SPD’s domestic violence unit is telling me, ‘Here’s why we’re getting shitty results out of our domestic violence cases.’ It used to be the case that when there was some missing information, the investigators would complete that—no problem, it’s a little Google search, boom, complete. Now the city attorney’s office says, ‘Okay, SPD, this case isn’t ready to file,’ and they send it back to the officer who’s out on the street. And that officer may be on vacation, or maybe he has a really full workload. Maybe it gets pushed to the back of pile, and they maybe complete it a week, two weeks later. The case gets more and more stale.

Domestic violence cases are hard, but they haven’t fundamentally changed in the last 30 years, and Holmes has a burden to explain why, if you are an abuse survivor in the city of Seattle, the prospect of you making it through  this process and holding your abuser accountable is slim to none. He says it’s a priority. Those numbers don’t show that. Those numbers show that, in fact, we are badly failing survivors.

Read my pre-primary interview with Lindsay, where we discussed even more issues, including the role of the Community Police Commission in police reform, here; and check out both my recent conversations with City Attorney Pete Holmes here.

The C Is for Crank Interviews: City Attorney Pete Holmes

Image result for pete holmes city attorneyCity attorney Pete Holmes was first elected in 2009 as a reformer. A bankruptcy attorney who advocated for marijuana legalization and was one of the original members of the Office of Professional Accountability Review Board (OPARB), the body that reviewed disciplinary decisions in police misconduct cases, he challenged then-incumbent Tom Carr from the left, assailing Carr for cracking down on minor crimes like pot possession and waging war against bars and clubs while letting DUI and domestic violence cases molder. Now, Holmes’ challenger, Scott Lindsay, is ripping some pages from the city attorney’s own playbook, accusing him of allowing domestic violence cases to founder, ignoring crimes committed by homeless people and people with substance use disorders, and failing to implement criminal justice reform.

I sat down with Holmes last month to discuss his record, Lindsay’s accusations, and issues ranging from health care to homeless RV residents to downtown disorder.

The C Is for Crank [ECB]: Your opponent, Scott Lindsay, has accused you of deprioritizing domestic violence cases in your eight years in office, pointing to stats that show a steady decline in the number of cases filed. How do you respond to this allegation?

Pete Holmes [PH]: That is simply, unequivocally wrong. And it’s unfortunate because, without getting defensive, it is quite easy for someone smart like Scott to take the stats out of context and give them a spin that is at best misleading and at worst, intentionally creates a completely false impression that is, in fact, diametrically opposed to what my policies are and what the performance has been. In truth, domestic violence referrals from SPD, as well as [case] filings, have been cyclical. They have gone up and down over the last 10 years.

What happens immediately in every case is that advocates reach out to the victim and assess whether or not a case needs to be filed. Sometimes the victim doesn’t want it to happen. What’s best for the victim is always assessed early in a case. Frankly, we’re making better decisions [on which cases to file.] A referral to the county for prosecution as a felony case, instead of  filing as a misdemeanor, will show up as a decline. That’s really what a really good  domestic violence section does, is to do triage. We don’t have the resources to file every case, nor would you want to.

If there is a follow-up investigation required for a misdemeanor, there are next to no resources available for that. In fact, for years, SPD had no detective support whatsoever for any misdemeanor  domestic violence referrals. So, in other words, whatever the patrol officer got that evening on response is all we have. Today, as we speak, we have one [full-time] detective at SPD that’s handing an average of about 1,500 cases. And this is not a criticism of SPD. They’re managing resource problems in the same way that we are. They do have a team that’s dedicated to felony domestic violence investigations. If it’s a felony, they get full backup support, and we have to get in line and wait. So that’s why our triage is even more important. This is something that I have talked about with every police chief since chief [John] Diaz: ‘Please make sure that this stays on your radar. We need misdemeanor support.’

“I know that the one thing even council members with whom I have had strong disagreements over the years, and there have been many will, tell you is that even when they’ve disagreed with Pete, they have never feared that Pete is going to somehow rat them out or put them in a false light.”

ECB: And nothing has improved since Diaz?

PH: Well, it comes and goes. The domestic violence unit under Captain Deanna Nollette is hugely supportive. It’s not a criticism. I recognize that we’re all struggling to get the job done, and we’re always using triage. That’s true with SPD as well as our office.

That’s the other thing that’s so disappointing when Scott pulls these stats and does not give the full story. This shouldn’t be a finger-pointing exercise. When you go public with stats like this, it’s not unlike if you leak an early draft of an ordinance. [Lindsay released an early version of city council member Mike O’Brien’s legislation creating protections for people living in their vehicles.] That’s not a good way to encourage collaboration.

ECB: Since you brought it up, what do you think was the impact of Scott leaking the RV legislation?

PH: That’s a great question for you to ask the council members. I know that the one thing even council members with whom I have had strong disagreements over the years, and there have been many will, tell you is that even when they’ve disagreed with Pete, they have never feared that Pete is going to somehow rat them out or put them in a false light. Because all these things have a lengthy, deliberative fact-gathering process, and arriving at the best policy is not waking up one morning and saying, ‘We should have an ordinance that says this.’ It’s going, ‘This is a problem. How should we address this?’ And you go through a lot of iterations. I don’t want to get in [O’Brien’s] head and say whether he felt pressured to get it out, but I don’t see how it was avoidable, frankly. And that’s why you shouldn’t do attention-grabbing stunts like that, especially if you’re going to be an ethical lawyer. That is precisely the wrong way to have a mature debate about a lightning-rod issue. If you want to throw red meat, if you want play on people’s fears and prejudices and anger, that’s Page 1 in Donald Trump’s playbook, and it only lends itself to poor, poor policy making.

ECB: What do you think of the legislation itself, which proposes opening dozens of small lots for people living in their vehicles and granting amnesty from parking tickets and fines for people living in their vehicles who agree to participate in a program?

PH: I’m not going to comment on that, except to say that under Scott’s tenure, the executive tried the approach of having these car camps, these designated parking spots, and I think the results speak for themselves on that. [The city abandoned the “safe lot” and “safe zone” program after concluding that the “safe lots” cost too much and the unmonitored “safe zones” resulted in too many public safety risks]. It doesn’t mean the problem went away. There are litter and human waste issues. The allegations of criminality at least have to be investigated. But when you ask people, ‘What would you like to do?’ that’s when usually people start to be quiet and say, ‘Well, seriously—is the tow truck driver going to tow away the camper that’s got a family in it?’ Perhaps there are some really hardened tow truck drivers who will do that, but are you comfortable with that if you’re in the position of authority and authorizing that?

“If you want to throw red meat, if you want play on people’s fears and prejudices and anger, that’s Page 1 in Donald Trump’s playbook, and it only lends itself to poor, poor policy making.”

So, a, the problem hasn’t gone away. B, the only thing you can do is to attempt to address it. And c, when you criticize early efforts in that way, especially in this office, it is so wrong-headed. It should be self-evident, but if you are simply walking into a room of people who are angry about homelessness for whatever reason—maybe they feel genuine distress about the plight of the homeless, maybe they just don’t like the blight of their city, whatever their reason, they’re angry about it—having a shouting match is just not going to lend itself to really good decision-making.

ECB: Your opponent talks a lot about how he came up with the idea for Navigation Teams [groups of police and social service providers who offer services before sweeping homeless encampments] when he worked at the mayor’s office. Do you think the teams are an improvement on the way the city used to do encampment sweeps?

PH: To an extent. I certainly have been impressed by the officers and the teams that include social service providers. That has been a much better response than the status quo, which was: Send out a cop to make an arrest. They are now actually engaged in bona fide problem-solving. I think it’s the right approach. But the big question is, are there sufficient resources for the Navigation Team to refer people to, and that’s always going to be the question.

There is also an issue about how the resources of the executive compare to the resources of the city attorney. If you’re running for this office, you need to make sure that you correct any misimpressions about just what it is you can do. You can promise that you’ll cure rain in Seattle. It does beg the question, how are you going to do that? It seems like [Lindsay] really got ahead of himself and doubled down when he said [to the Seattle Times editorial board] that he was the only person in the mayor’s office working on homelessness. That’s not true on its face, and it ignores that the mayor is the executive who appoints all the department heads—like human services, like SDOT, like the chief of police. All of those are subject to mayoral direction and that includes spending of resources the actual general fund. So the city attorney, in that case, is very much in a supportive role.

I think the city attorney’s role is also to say, ‘I’m sorry, Mr. Point Person for the Mayor [Lindsay], if you’re going to use prison labor to clean up an unauthorized encampment, that is a nonstarter from a liability perspective. I would like to think that you have enough just social justice chops in your body to understand that that’s a stupid thing to do—a heartless thing to do—but if you don’t, here’s the legal analysis. If one of these guys gets pricked by a used needle without the proper equipment by a used needle we are on the hook. So if you don’t understand common sense, here’s a legal analysis for you.’ That’s what the city attorney does.

ECB: What do you think of the merits of the lawsuit against Initiative 27, which would ban supervised consumption sites throughout King County?

PH: I can’t get into [the merits] because I’m looking at a response right now to the initiative. But it’s completely wrongheaded policy, and it’s an example of what I’m talking about. What’s disappointing about my race is that Scott is effectively playing into that same angry narrative. He is going after the people who want to just call a cop and ‘clean up these people, clean that tent, send these people packing on their way. What do you mean you’re going to allow people to shoot up? Are you crazy?’ And these are people that have done zero research, have probably next to no public health qualifications, and it is emblematic of how we backslide.

We do, at best, an ineffective job of trying to get policy headed in the right direction—that is, a public health approach to a public health problem. I think Scott is playing into that, and that is so disingenuous. It’s so cynical. That approach is simply going to mean that, well, the pendulum may just swing back the other way, which is, call the cops. Maybe we’ll renew the debate over whether we should have a  municipal jail, because there are consequences to every policy decision you make. So if we decide we’re going to go back to a law enforcement approach, a  criminal justice approach, to a public health problem, then you’re going to overtax the criminal justice system. You may find us having a difficult time maintaining the reforms under the federal consent decree when you start asking cops to go deal with addicts. That approach has failed. We can’t have backsliding right now, and the thing that’s going to make us most susceptible to backsliding right now is pandering.

“I think the city attorney’s role is also to say, ‘I’m sorry, Mr. Point Person for the Mayor [Lindsay], if you’re going to use prison labor to clean up an unauthorized encampment, that is a nonstarter from a liability perspective.”

ECB: Are the existing therapeutic courts sufficient to deal with all the people coming into the criminal justice system needing help with mental illness and addiction?

PH: Anything that is resource-oriented is insufficient. I can tell you, we simply don’t have enough resources. The criminal justice system is a bad place to deliver public health services. That said, there aren’t enough resources that we actually can refer people to and say instead of going to jail, I’m going to refer you to counseling or inpatient treatment or whatever. We can only do that now if we invoke the involuntary commitment act, where you’ve actually got someone who is not competent to stand trial and is a danger to themselves or others.

The preference would be that we upstream all these things and avoid the criminality in the first place. That’s the problem. Say you’ve got someone who’s not a criminal, who’s an addict, or you’ve got someone who’s mentally ill, and then we try to say, ‘Well, we’re going to force you to get that treatment.’ We obviously need to do that when that’s the only option we have, and we need more resources to do that, but where I struggle and where the policy debate needs more calm discussion is, how are we going to allocate more policy resources upstream? Every time you say, ‘We’re going to call the cops and make an arrest,’ that’s some money that can’t go upstream. The pie ain’t getting any bigger.

“We can’t have backsliding right now, and the thing that’s going to make us most susceptible to backsliding right now is pandering.”

ECB: What would you consider to be upstream of even programs like [Law Enforcement Assisted Diversion, the pre-filing diversion program for low-level offenders] or arrest?

PH: It would be wonderful if we had universal health care, but if we were able to do as much as we can to compensate for the lack of universal health care, that alone would be a huge  public safety advance.

ECB: Would you support a program along the lines of Healthy San Francisco, which provides health care to people who don’t qualify for Medicaid but also can’t afford or access insurance?

PH: Again, it begs the resources question. It’s going to cost money. Obviously, it makes sense to me, because it’s going to get you the better solution, but I can just sit here and hear the counter-arguments—that, ‘Oh, it’s Freeattle all over again. You’re going to offer these services and attract more people.’ That’s going to be the debate, and it’s going to be so unhelpful. The role of the city attorney  is to make it more likely that that debate is going to happen and happen in a productive way, and I would support having that debate.

Read my pre-primary interview with Holmes, where we discussed even more issues, including encampment cleanups and the role of the Community Police Commission in police reform, here.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue doing interviews like this one, which take an average of about 8-10 hours from start to finish. This site is funded entirely by contributions from readers like you. Thank you for reading, and I’m truly grateful for your support.

The C Is for Crank Interviews: Pat Murakami

Quick PSA: If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue doing interviews like this one, which take an average of about 8-10 hours from start to finish). This site is funded entirely by contributions from readers like you. Thank you for reading, and I’m truly grateful for your support.

Image result for pat murakami seattle

Most Seattleites had probably never heard of Pat Murakami, a Mount Baker neighborhood activist and a candidate for the Seattle City Council seat held for the last two years by Lorena Gonzalez, until the Seattle Times endorsed her in July. But for those who pay attention debates over development and crime in the South End, Murakami’s name is familiar. As head of the Mount Baker Community Club and president of the South Seattle Crime Prevention Council, Murakami opposed efforts to locate Casa Latina, the day-labor center that serves primarily Spanish-speaking immigrant workers, to a site on Rainier Avenue; unsuccessfully fought El Centro De La Raza’s plans to provide services and affordable housing at the Beacon Hill light rail station; and led efforts to prevent transit-oriented development out of the Rainier Valley. In its endorsement, the Times editorial board wrote that Murakami would “broaden the council’s representation and strengthen the voice of residents who own homes as well as those who rent.”

The Times endorsement helped push Murakami through the primary with 19.71 percent of the vote, although it scarcely reduced Gonzalez’s landslide; she came out of this year’s primary with 64.17 percent of the vote, compared to 65.02 percent in 2015, when she faced a neighborhood activist opponent with similar political views, Bill Bradburd.

I sat down with Murakami, who runs an IT and computer repair firm, in her office in Georgetown.

The C Is for Crank [ECB]: I know you’re opposed to a lot of the policies the city council has adopted over the years, but what’s your specific critique of council member Gonzalez?

Pat Murakami [PM] Public safety is a big priority to me, obviously, and I don’t think she’s done enough in that role. I believe that body cameras should have been on officers a long time ago. I think we need Shot Spotter (an acoustic gunshot locator system) down here in South Seattle.

Another thing on public safety: I don’t think she’s doing anything to address major disasters like an earthquake in Seattle. I was in Alaska in 1964 [for the so-called Good Friday earthquake]. I remember that earthquake like it was yesterday, and I take disaster preparedness extremely seriously. Here, in my other office, at home, I have food, I have water, I have cookstoves and propane for heat or cooking, and I’m ready to sit in for two weeks. But we have the highest density of poverty of anywhere in the city [in South Seattle] and we don’t have the resources that the folks who don’t have the money to buy the dehydrated food would need, and we’re going to have a hot mess on our hands in South Seattle in particular.

ECB: Do you take issue with the police accountability legislation council member Gonzalez’s committee passed? What steps would you take to improve police accountability in Seattle?

PM: First, I would give credit where credit was due—the Community Police Commission wrote that legislation. Lorena likes to take credit for it. Well, passing good legislation shouldn’t give you a gold star as a city council member.  And it should have been done a long time ago. We have a serious problem. I was there testifying that [former police chief] John Diaz should not have been our chief of police. She wasn’t there. She was in Seattle at the time. She could have spoken out.

Another issue—we have we only have 60 percent of the police officers we should have. I want a fully staffed police department so they can be out in the community and engaging with people and doing preventative work—going into the schools, serving as a mentor, playing late-night basketball with the kids, talking to people on the street, like, ‘Hey, how are you doing?’ Think of the dynamic of Jackson Street. Everyone knows gang members hang out on certain parts of Jackson Street. What if there was a foot patrol officer that just kind of walks up and down the street and is talking to those men? The whole dynamic could change and they could redirect them to other activities.

“I didn’t initially like the signs, ‘Black Lives Matter,’ because I was thinking that’s one more thing that’s divisive, because all lives matter. But I’ve changed my mind and I’ve decided that until black lives matter, no lives matter.”

I know Lorena is very opposed to bringing in former members of the military, and I disagree with that. There are military people and people that served in the military, and we just need to find the ones that served in the military but are not militaristic in their approach. They actually would be further along in the training [when they join the force] and we could get them into uniform a lot sooner. We are having some problems with recruiting. We need the officers. They’re our first responders, and if there’s an emergency, almost all of our police officers live outside Seattle. So if we have an earthquake and it’s supposed to be all hands on the deck, they might not be able to even get to us, depending on conditions of the roads. Then we’ll be in big trouble. So we actually need a larger contingent of officers on the street during each shift, in the event we have something where we’re cut off.

“There are military people and people that served in the military, and we just need to find the ones that served in the military but are not militaristic in their approach. They actually would be further along in the training [when they join the force] and we could get them into uniform a lot sooner.”

ECB: Is there anything in particular you would do to accelerate police reform?

PM:  I’d like to see more citizen oversight. Let’s say an officer seemed aggressive or angry. I think minor things need to be reported and dealt with, that won’t necessarily go on their employment record, but that they should realize that they need to be more polite to whomever they’re dealing with—whether it’s somebody that just robbed somebody or they’re breaking up a fight or somebody calls them names, they still need to be polite to the person that they’re dealing with. I don’t care what kind of criminal it is. I think we need the citizen commission to do things like visit the precincts and have a conversation with the police.

I don’t think they have a single former officer on the Citizens [Police] Commission. I think we should have about two. There should not be enough of them that they can outvote the group. but have two that are former officers that have good records. so that they can explain to the folks what their perspective would have been as an officer and everyone that’s on the commission should go through the [Community] Police Academy. I think it gives you a sense of how stressful their jobs are.

I think we need we have serious problems in this country, but we also need police, and we need to have that conversation where somewhere in the middle is the right thing for our society. I think there is still too much division. I didn’t initially like the signs, ‘Black Lives Matter,’ because I was thinking that’s one more thing that’s divisive, because all lives matter. But I’ve changed my mind and I’ve decided that until black lives matter, no lives matter. So we really need some serious changes in society, and I’m willing to work on those things from a balanced perspective. I think Lorena just tends to be more anti-police, and I realize the sacrifices that good officers make.

I want junior officers, and apparently the union doesn’t want that. I want people in a white shirt that don’t carry a gun that could go to a burglary, where you know it’s safe, the burglar is long gone, and they could take the report photos and dust for prints, so then we’d have more officers [on the streets].

ECB: As an opponent of the mayor’s Housing Affordability and Livability plan, which your opponent supported, which parts of HALA would you like to revisit?

PM: I think the whole thing should be revisited. It was written by developers for developers, and we need community input. I don’t know why the city is so averse to actually listening to community members. They’ll make up all kinds of excuses, like, ‘Oh. the people in the room aren’t diverse enough, blah blah blah.’ I’m throughout this community. I have friends in subsidized housing. I have friends in a huge variety of ethnic backgrounds and races, and everybody wants the same four things. All we have to do is make decisions that help ensure that people eventually become property owners, if possible, so that they can build wealth; that their kids get to go to a good school; that they have a job that pays decent wages; and that they can live in a safe community. If we make decisions on that basis and never try just to dump stuff in one area and have one part of the community in one neighborhood bear all the burden of social problems, we’d have a better city.

My dream is: I went down to South Center, to the Olive Garden, and I looked around and was like, ‘This is like the who’s who of the United Nations. There are people from all over the world there, of all different races, and it’s not the cheapest restaurant. This is, to me, diversity. Everybody’s financially comfortable. In Seattle, the diversity is, people of color tend to be impoverished. You go over to Bellevue and you’ll see middle-class racial diversity. That is my vision.

I’d like to think about the entire community when development is done and not just the best interest of the developers. I want neighbors to have a say in where the density goes, and I want the density to fit into the neighborhood. Let’s take Eastlake, for example. You’ve got houses going up a hillside that all have views, and they’re talking about raising the height limits on everything. Why not just put all the density up against the freeway, not affect the views, and just go much higher than you were planning to along the freeway? Then they get a view and everybody down the hill maintains theirs.

“My dream is: I went down to South Center, to the Olive Garden, and I looked around and was like, ‘This is like the who’s who of the United Nations. There are people from all over the world there, of all different races, and it’s not the cheapest restaurant. This is, to me, diversity. Everybody’s financially comfortable.”

If we have people driving around and around looking for a parking spot, that’s not helping the environment. We have to have enough parking to accommodate those people. If we want our streets to be parking lots like they are in New York City, then just go ahead and develop anywhere without off-street parking. We can have the economy go to a grinding halt and force everybody out of their vehicles, but we have to face reality. We’re getting the cart before the horse too often.

ECB: What do you mean by a workable transit system?

PM: I’d like to see more connector buses. They actually cut bus lines after light rail went in, and made it more difficult for people, and I know people in my neighborhood [Mount Baker, which has a light rail station] that drove all the way to Tukwila to park for free to ride light rail into downtown. Now, how does that make environmental sense at all? They should have built parking lots near the light rail stations. There’s no parking along ML King [Jr. Way], and I know what the crimes are. Most people are mugged within 300 feet of light rail or a major bus stop, and that’s been true for years and years. I personally would not ride light rail without five other people after dark ever, okay?

ECB: Why not?

PM: People have bene mugged right after they get off, especially a woman by herself at night. I stopped wearing my necklace that my husband gave me because necklaces are literally just snatched right off your neck. You don’t take out your electronics when you’re on the light rail. The police know. They tell us there’s somebody that sits on there, they case it, they get on the phone and say, ‘Hey, I’m following this person’ and the car comes up behind. Once they’re at the stop, the guy will try to take something from the person that’s walking, and if they don’t give it freely, then the other people will get out of the car and forcefully take it, and then they hop into the car and zoom off.

I think we need to think outside the box. Maybe we need to take advantage of our topography and have aerial trams going from hilltop to hilltop. They would be a lot less expensive to put in, less intrusive, and you maybe lease space from an existing building owner and have the stop on top of their building.

ECB: What do you think of Mike O’Brien’s proposal to create more places for people living in their cars to park without getting towed away for unpaid tickets?

PM: I don’t think it’s a good idea. Not all, but some—enough—people in RVs are actually dangerous and have assaulted parking enforcement, so they’re not necessarily people that should be indefinitely in neighborhoods. That’s one issue. The biggest issue is, I don’t support anything that is going to encourage the creation of a permanent underclass. Accepting that people live in RVs and tents is wrong.

We are now getting a rat infestation problem where a lot of RVs are located. I was at a meeting in South Park and seniors were complaining that they live in a facility called Arrowhead [Gardens, run by the Seattle Housing Authority], and they couldn’t open up their windows because the stench of human feces that’s out on the street is enough to knock them over. It’s not just a public safety issue, it’s a public health issue.

“Just like with sex offenders, it’s better that everybody knows where [people with criminal records] are, versus, they could be anywhere and you don’t know who you’re getting as a potential tenant. If they’re in one place and they’re kind of being monitored, you can see if they’re going back to their old habits.”

ECB: But would you agree that the larger problem is that we don’t have adequate affordable housing, and won’t for a long time?

PM: I’ve heard that churches have been willing to host them, and we need to let them do that. [Ed: A pilot program called Road to Housing, in which churches offered spaces in their lots to people living in vehicles, only provided spaces for 12 cars.] I can’t believe the expense of what it was for the sanctioned RV sites [which the city has since abandoned]. They said it was about $1,700 a month per RV. At that amount give them a friggin’ housing voucher! And maybe they’ll be renting in Renton or Kent or Auburn but at least they’d be in decent housing. We also have surplus city property that we could be looking at. Let’s build single-occupancy boarding houses, like we used to have, and when the crisis is over with, those could be converted to youth hostels for tourists.

ECB: What do you think of the fair-chance housing legislation that just passed, which prohibits landlords from asking about a prospective tenant’s criminal history?

PM: I have mixed feelings about it. I really think that our low-income housing providers, like SHA, should take all of these folks as tenants initially, let them establish themselves back into the community, show a good year or two of credit history, that they’ve paid their rent on time, etc., and then have them go out into the general public.

ECB: It seems like that would create a weird situation for SHA residents—if you think these folks are too dangerous to be allowed to rent on the private market, why do you think low-income people should be forced to live next to them?

PM: They could have one building that’s for transitional housing and have it separated somewhat. Just like with sex offenders, it’s better that everybody knows where [people with criminal records] are, versus, they could be anywhere and you don’t know who you’re getting as a potential tenant. If they’re in one place and they’re kind of being monitored, you can see if they’re going back to their old habits. I think in some ways, there should be an exchange program so that people are sent to a new community where they’re connected with services and they get a fresh start. When they’re forced to go back to the county where they committed the offense, sometimes the easiest thing to do is go back and hang with the same people you did before, that got you into trouble in the first place.

ECB: What do you think of expanding programs like LEAD [Law Enforcement Assisted Diversion] and the therapeutic courts?

PM: I think that’s a good idea. I’d like to see more community courts and restorative justice. I think the city should fund social workers in every single school. And kids whose parents are engaged tend to be more successful in school, so we need to develop programs that help parents be successful. In the South End, for example, I think we need more acculturation classes. We’ve brought in lots of people from East Africa. Many of them are single women who lost their spouse to conflict in their home country, and they’ve not been given enough information about how things work in America. We need to empower them to stand up—like if their oldest kid is a male, they sometimes give away way too much power to the child. They still need to be a parent. We need to teach them, ‘Okay, in this country, you can’t hit your kids but you still can control them, and this is how you do it.’ There’s just so much more we could do to ensure success. Their chances of success are diminished when we’re not properly supporting them. We are really letting people fall through the cracks.

Morning Crank: Maybe He Meant Because No One Can Afford To Live There

1. I’ve known Mike Fong, Mayor Ed Murray’s chief of staff, since he worked as an aide to city council member Heidi Wills. In fact, he started at the city right around the same time I started covering city hall, in the late spring of 2001.

Back then, he looked like this:

After 16 years working for the city—as a council staffer and, for the past two years, the mayor’s chief of staff—Fong is leaving city hall behind. (Other mayoral staffers surely won’t be far behind him, as the seventh floor of City Hall empties out in anticipation of current Mayor Ed Murray’s departure in December). He isn’t going far, though—just across the street to the office of King County Executive Dow Constantine, where he’ll be chief operating officer, overseeing Constantine’s cabinet.

Fong has been at city hall (and not just THIS city hall—the old one, too) through some of the biggest stories (and transformations) in the city’s history—from Strippergate to the ouster of former City Light director Gary Zarker to the council’s review of then-mayor Greg Nickels’ response to the 2009 snow storm, which ultimately contributed to Nickels’ loss (to Mike McGinn) that year. During that time, the old City Hall itself was razed, Seattle’spopulation grew from around half a million people to more than 700,000, and Amazon’s value rose from $3.6 billion to more than $500 billion. But as far as I can tell, Mike hasn’t changed all that much. He’s the kind of easygoing, no-bullshit staffer journalists love—he doesn’t spin or offer bland talking points, and his grasp on policy is peerless—and the kind of guy I’d want on my side if I was an elected official with aspirations for higher office. I know I don’t speak just for myself when I say he’ll be missed at city hall.

2. Constantine’s office has seen quite a few shakeups recently, including the departure of his longtime chief of staff (and onetime aide to former mayor Greg Nickels) Sung Yang last month. Yang, who also moved to Constantine’s office after a long  career at the city, left to join Pacific Public Affairs, the consulting firm owned by Constantine’s former deputy chief of staff, Joe Woods. Rachel Smith, the county’s government relations director (and another former Nickels staffer), is Constantine’s new chief of staff. Constantine’s campaign manager, Mina Hashemi Mercer, is also reportedly leaving to become the next Director of the House Democratic Campaign Committee, where she previously worked for two and a half years.

Constantine is eternally rumored to be considering a run for governor.

3. The city council’s housing and human services committee discussed legislation that would protect some people living in their vehicles from ticketing or towing for certain parking violations and provide them with access to services; in exchange, vehicle residents would register with the city and agree to abide by certain rules. The recommendations are designed to get people into permanent housing faster while recognizing the reality that homeless people don’t have the money to pay fines or get their vehicle out of impoundment. Another reality: Homeless people who lose their vehicles don’t just disappear; usually, they become homeless people living on the street, destabilized and in even more desperate straits.

North end neighborhood activists, including members of the so-called Neighborhood Safety Alliance, made familiar arguments yesterday against people living in RVs, claiming that they were responsible for an E. coli spike in Thornton Creek, accusing them of leaving literal “tons of garbage and human waste” all over neighborhoods, and suggesting that they, the north Seattle homeowners, might just decide to buy an RV and live in it so they, too, could enjoy the good life, exempt from rules and “homeowner taxes.”

One speaker, Phil Cochran, used his public comment time to demand that Mike O’Brien answer a “simple question.” Actually, he had two: “Do you believe that this ordinance will result in more RVs and more homeless junkies in the city of Seattle, yes or no?” and “What happens when some of these rolling meth labs—which we know they are—catch fire? Who should we sue?” Because public comment is not Adults Play High-School Debate time, O’Brien did not respond, except to say that he’d be happy to discuss the issue at literally any other time. And a member of the Interbay Neighborhood Association said the area around W Thorndyke Drive—at the base of Magnolia, near Dravus—was so totally taken over by RVs that that part of Magnolia is now “unlivable.”

Huh.

Maybe he meant “because no one who isn’t wealthy can afford to live there.”

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, phone bills, electronics, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

“Fair Chance Housing” is “Ban the Box” for Tenants—with Exceptions

Mayor Ed Murray and city council member Lisa Herbold released a draft of legislation earlier today aimed at making it easier for people with criminal records to find housing by barring landlords from requesting information about most kinds of criminal convictions. The legislation, which is certain to be challenged by the city’s vocal landlord lobby, is aimed at addressing one of the key challenges people with criminal histories face when trying to rebuild their lives—many landlords use criminal records to weed out applicants—one reason, Herbold said, that an average of 85 people exit jail directly into homelessness in Washington State every month.

“This is about addressing a homelessness crisis that we have partially created ourselves,” Herbold said.

And yet, the bill undermines those premises in a couple of ways. First, it exempts small landlords—those with four units or fewer, including backyard cottages or basement apartments—if they live on the premises. This suggests that, despite all those whereases, that people with criminal histories are somehow dangerous—after all, the legislation explicitly protects landlords from having to live next to them.

The legislation would prohibit landlords from advertising that they don’t accept tenants with criminal records, and would bar them from asking prospective tenants about convictions that are more than two years old, juvenile records, convictions that have been expunged, criminal charges that did not result in a conviction, or pending charges. It would allow landlords to refuse to rent to someone on the state sex-offender registry.

“Fair-chance” housing legislation was one of the recommendations proposed as part of the the Housing Affordability and Livability Agenda (HALA) back in 2015, and is of a piece with other proposals to reduce recidivism and homelessness among people, primarily men of color, who have served their sentences. “Ban the Box” legislation that passed in 2013 prohibits employers from asking prospective hires about their criminal records during their initial employment screening.

The proposal includes nearly five pages of “whereas” clauses enumerating the reasons for the bill, including the fact that nearly one in three adults in the US has a criminal record; studies showing that people with stable housing are less likely to reoffend; the existence of persistent racial bias in both criminal justice and housing; and the fact that “there is no sociological research establishing a relationship between a criminal record and an unsuccessful tenancy.”

And yet, the bill undermines those premises in a couple of ways. First, it exempts small landlords—those with four units or fewer, including backyard cottages or basement apartments—if they live on the premises. This suggests that, despite all those whereases, that people with criminal histories are somehow dangerous—after all, the legislation explicitly protects landlords from having to live next to them.

Second, by requiring prospective tenants to run out a two-year clock before they can benefit from the bill’s protections, the legislation could set up some people with recent criminal history to fail (and reoffend); after all, as one of those “whereas” clauses says, “research shows higher recidivism occurs within the first two years of release and is mitigated when individuals have access to safe and affordable housing and employment.”

When I asked Murray why the bill includes so many exemptions, he said, “There are disagreements over the number of years, how far you should go back, that we have not been able to reach agreement with landlords on. There’s some challenges for us to meet all of their concerns.” Then he kicked the question over to Office for Civil Rights policy manager Brenda Anibarro, who said, “that two-year [exemption] was an attempt to address some of [landlords’] concerns … We had participated in [the outreach] process for a straight year. We wanted to give them something on that. So that’s where that two year lookback comes from, and the same with the exemptions.”

One issue the legislation does not address is how people coming out of prison will be able to afford housing in Seattle even if they are no longer hindered by their criminal history. Advocates are trying to convince King County to add another three cents to the Veterans, Seniors, and Human Services levy, on the countywide ballot in November, to fund affordable housing for people with criminal convictions as well as active drug users.

Herbold was the only council member present at today’s press conference, which was held on Murray’s turf—the 7th-floor Norm B. Rice conference room on the 7th floor of City Hall. Asked whether she had the votes to pass the “fair-chance” legislation, Herbold said she hadn’t done a vote count yet; “I would not let having five votes be a prerequisite for the mayor sending the bill down,” she said.

Herbold’s Civil Rights, Utilities, Economic Development, and Arts committee will hold a public hearing on the legislation at City Hall on July 13 at 5pm.