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.

From Jail to Homeless Shelter

This story originally appeared on Seattle magazine’s website.

The third floor of the west wing of the King County Corrections Center in downtown Seattle is accessed through a series of heavy metal doors, each one closing with a loud “ka-THUNK” behind visitors as they enter. Walk through a disused lobby, onto an elevator, and up a flight of institutional-looking stairs and you’ll find yourself in the old minimum-security living quarters, where a series of rooms—cells, really—look down on a central staffing station; you can imagine guards sitting behind the semicircular counter, keeping a wary eye on the large security mirrors that overlook the ward. In the rooms, rows of narrow metal bunks beds with chipping blue paint and fake wood-grain headboards are scattered haphazardly, each labeled with a different number. The views from the narrow windows are blocked by bars and glazing that makes it impossible to look outside.

The place feels, unsurprisingly, like a jail—which is just one of many hurdles that King County, and its future, still-unnamed nonprofit partner, will have to surmount before the former jail wing, which has been closed since 2012, can reopen as a 24/7, low-barrier shelter.  Last week, staffers from the county’s Community and Health Services department took reporters on a tour of the building, followed by a press briefing with King County Executive Dow Constantine. Here’s what we currently know about the county’s plans for the shelter, as well as a few questions that remain unanswered.

The Basics

The new shelter, which Constantine said he hopes will open sometime before this coming winter, will include dormitories, storage space, case management, showers, and laundry facilities for up to 150 people. The county hasn’t chosen a partner to operate the facility, which county officials said would cost about $2 million to renovate and $2 million a year to operate. (That funding is included in Constantine’s proposed 2019-2020 budget, which the King County Council is considering now.) The shelter will be open 24/7, allowing people to leave some of their stuff on site during the day and giving those without daytime jobs a place to be during the daytime hours other than on the street.

“As I look around and I see the number of people who are continuing to be out on the streets… and then I see a vacant building right here in the middle of downtown Seattle., it seems to me that we really have a moral obligation to open that up and provide the opportunity for people to get out of the weather and to get the services they need,” Constantine said Thursday. “This is an element of what we need to do. This is not the solution. The solution is the heavy lifting we’ve been doing on root causes, on housing, on behavioral health treatment, on job connectedness, on all of these other root causes. But meanwhile there are people on the streets and that is a humanitarian crisis that we absolutely must deal with.”

Jurors and county court employees have complained about people congregating in parks and on sidewalks near the downtown courthouse, which sits in close proximity to several shelters that require people to leave first thing in the morning. King King County Housing and Community Development division director Mark Ellerbrook said the new shelter will include indoor areas and a courtyard where clients will be able to spend time during the day, and will be connected to a new day center just a block away, at a county-owned building on Fourth and Jefferson that currently serves as a winter shelter.

A recent City of Seattle report on homeless services found that enhanced shelter is several times more effective at getting people  into permanent housing than basic shelters that only offer mats on the floor, which are mostly a basic survival tool for people who would otherwise be sleeping out in the elements. “There’s no real opportunity to connect folks with services in that environment,” Ellerbrook said.

The Optics

Opening a shelter inside a jail building presents what a political consultant might call some challenging optics—and not just because homelessness is not a crime. People experiencing homelessness are more likely than other groups to have past experience in the criminal justice system, and to want to avoid any place that feels like jail. Asked how the county planned to overcome the obvious association between the jail and the shelter, which will not connect directly but will share an emergency stairwell, Constantine responded, “Clearly, this is not ideal … for people who have been incarcerated and may have been traumatized by that experience. This would not be the ideal choice for them to go to, and they don’t have to. Nobody’s going to make them. But for others, it is a very good alternative to being out on the street, to be able to be in a place that is well built, that’s warm and dry and has all of the facilities they need.”

On the flip side, many people who leave jail depart directly into homelessness; prior incarceration is one of many factors that make it difficult for people to find a place to live or a job to lift them out of homelessness, according to the county’s most one-night homeless count. Downtown Emergency Service Center director Daniel Malone, whose organization is one of several in the running to operate the shelter, said, “I certainly can see it as sort of a swords to plowshares situation, where you could repurpose a facility that previously had really negative connotations into something much more positive for people’s lives, but that said, I think there remains some work to be done that would really examine, will people who would be the intended recipients of the help use it in a facility like that?”

Constantine said he sees the new shelter as an opportunity to divert people leaving jail directly to services and “interrupt that process when people are coming out of the jail and to be able to bring them next door to a, set them up with the services they need to be able to be successful. … It gives us a unique opportunity for those who have been justice involved to help them get their lives back on track and not fall into homelessness and then be another person who ends up back in the justice system.”

The Unknowns

Constantine said he wants to open the new shelter before this winter. That leaves a lot of details to be hammered out in a short period of time, including who will run the shelter and who it will serve. Constantine said last week that the new facility will house “primarily men,” but Ellerbrook said the county would try to allow partners, possessions, and pets to the extent possible, which means—among other things—that parts of it might be coed. The shelter will be low-barrier—meaning, as Constantine put it, that “this is not going to be a situation where you have to solve life’s problems before you’re offered a safe place to sleep—but to what extent people with major mental health and addiction issues will be targeted is unclear.

Downtown Emergency Service Center director Daniel Malone, whose group runs the Morrison Hotel on Third Avenue across the street from the King County Courthouse, says DESC will be most interested in running the new shelter if it “prioritizes people with longer-term homelessness and more complicated types of situations that would [require] the more robust set of services that we would like to deliver. Ideally,” he adds, you’d want to build in as few barriers as possible, so making it coed would be in support of that.”

Late Morning Crank: New Homelessness Policies and New Streetcar Claims

1. Update: The mayor’s office says they have been briefing council members on the four elements of its homelessness strategy (spending and accountability, crisis response/creating safer spaces, regional coordination, and affordable housing) but is not rolling out any major new policies. Mayoral spokeswoman Stephanie Formas says rumors around ramped-up enforcement could be related to the previously announced additional $500,000 the city plans to spend on its Navigation Teams. As for the idea that the city plans to implement involuntary commitment to detox for addicted people who decline assistance from Navigation Team members, Formas pointed to a letter to the co-chairs of the One Table task force signed by the mayors of Auburn, Renton, Kent, Bellevue, and Kirkland suggesting that the leaders of the regional initiative (which has been dormant for months but is meeting again next week), should consider “involuntary treatment for those presenting an imminent likelihood of serious harm to self or others, or who are gravely disabled as a result of substance use disorder” and who refuse to go to treatment. Should this become an element of the One Table implementation strategy, it would mean forcing people into short-term detox, which has not been shown to be effective for treating severe addiction.

Original item: Mayor Jenny Durkan’s office has reportedly been briefing city council members on a new policy related to homelessness that, rumor has it, involves more strenuous enforcement of the city’s anti-trespassing and no-camping laws. Conversations with folks on the second floor and advocates working on homelessness-related issues indicate that the new policy could involve involuntary commitments for people suffering from addiction under Ricky’s Law, which allows adults to beheld for up to 17 days in “secure withdrawal management and stabilization facilities,” AKA secure detox, if they are available; since the state and King County would ultimately be responsible for actually funding detox beds, this could be a way of putting pressure on the county for ramping up detox funding. Currently, there are only a few dozen detox beds available in all of King County, including a recently opened facility on Beacon Hill that filled an existing gap in care left by the closure of Recovery Centers of King County; that facility has 32 beds for patients needing detox. Formas said they would be “doing some action items on homelessness and affordability next week.”

So far, according to council log-in sheets, the mayor’s office has met with council public safety committee chair Lorena Gonzalez, council president Bruce Harrell (both yesterday), and council members Mike O’Brien  and Sally Bagshaw (this morning). I will update as I learn more.

2. I reported last week on the Freedom Foundation’s lawsuit challenging a tiny house village” encampment in South Lake Union on the grounds that it violates state environmental rules. One thing I didn’t discuss in detail is the fact that the reason the city has been able to authorize so many tiny house villages—seven, at the moment, or four more than are allowed under a city ordinance limiting the total number of authorized encampments to three—is that each of the new authorized camps has been approved on a rolling conditional basis under what’s known as a “type 1 permit.” Such permits, which must be renewed every four weeks, are meant for temporary uses such as temporary fire and police station relocations or farmers’ markets, as well as any other temporary use that’s meant to last four weeks or less. Type 1 permits can be approved administratively, meaning that they don’t have to go through a lengthy public hearing process or the usual environmental review. (The Freedom Foundation’s lawsuit challenges this premise, and also argues that temporary encampments should be Type 2 decisions, which require more process and are more involved.)

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This struck me as a peculiar way of permitting encampments, given that the city has decided as a matter of policy and law that only three encampments should be allowed citywide. I’m no lawyer, but it also seems like an area where the city could be legally vulnerable—if the city wants to allow more than three encampments, then why not do so through the legislative process, by changing the law, instead of using this workaround? The city attorney’s office had no comment on the legal ramifications of using Type 1 four-week permits to allow tiny house villages.  Wendy Shark, a spokeswoman for the city’s Department of Construction and Inspections, says temporary permits are only for “encampments that are also in the process of applying for the 6-month temporary use permit.  In every case, encampments needing temporary use permits are applying for the 6-month permit or will soon apply.  Since the 6-month permit is a ‘Type II’ application involving public notice and opportunity to appeal to the City’s Hearing Examiner, the Type I four-week permit is a means to establish an encampment in the short term while the longer public process occurs.”

However, since city law currently restricts the total number of longer-term encampments to three, Shark adds that “legislation will be needed to change the current number of interim use encampments that are permitted.”

3. Local transportation Twitter was buzzing this week over a couple of articles about Seattle projects aimed at improving mobility for cyclists, pedestrians, and transit riders. I covered the first, a Crosscut editorial claiming that bike lanes are only for rich white people,  on Wednesday. The second, an article by Times reporter David Gutman, repeated claims from Mayor Jenny Durkan’s office that the delayed downtown streetcar may be too bulky, and use the wrong track gauge, to connect to the existing South Lake Union and First Hill lines. I reported on the same claims in a brief item Wednesday morning, noting that if the claims turned out to be true, it would represent a significant embarrassment for the city along the lines of the time when Sound Transit had to go in and remove tracks installed by King County Metro in the downtown transit tunnel because they were the wrong size for light rail.

Yesterday, however, transit advocates began to dispute the mayor’s claims, and Gutman’s story, pointing out that both of the two types of streetcar bodies that would run along the connected line use the same standard gauge (1435-millimeter) track, and that the difference in the car widths is relatively trivial. The new cars, built by CAF USA, would be about ten feet longer than existing streetcars, which were manufactured by Inekon. The print and current online editions of Gutman’s story include context about the likely actual size of the vehicles and the fact that the gauge of the tracks is compatible with both cars, contrary to what Durkan implied in her statement, which suggested that the city does not even know if “the new vehicles [are] compatible with the current track gauge.”

However, the story that the  Times initially ran online did not include any of that information. After it went up, both FOX News and local conservative radio host Dori Monson latched on to what FOX calls the “streetcar fiasco,” which FOX described, in typical FOX fashion, as the latest setback for a left-wing mayor trying to raise her national profile with “fervent attacks against the Trump administration over immigration, climate change and abortion.”  Monson, meanwhile, suggested that former SDOT director Scott Kubly “should be in prison” and that former King County executive Ron Sims is a fake “man of God” who is destined for hell.

When I asked mayoral spokeswoman Stephanie Formas about the mayor’s statement Tuesday night, she said, “we do know that the cars are heavier, wider, and longer than the current cars, but engineers are looking at all the facts in the context of these cars running on the full system.” On Wednesday, Formas followed up with more details, acknowledging that the tracks are technically compatible with the new cars and that the new vehicles are actually slightly narrower than the existing streetcars, but adding that “evaluation of the existing conditions related to track gauge is necessary to provide accurate data to CAF so that they can account for these differences in the design of the track and wheel profile for the CAF vehicle.”

In addition to concerns about whether the new streetcars would fit into the existing maintenance barn, Formas said that the “dynamic envelope” of the streetcar, which includes both width and length, raised concerns about the vehicles “hit[ting] other elements in the ROW, such as trees, signage, curbs, and poles as they travel along the track.” The streetcar will be still about six inches narrower than a typical King County Metro bus, which are eight and a half feet wide (compared to eight feet, .038 inches for the new streetcars and eight feet, .085 inches for the existing ones.)

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.

Morning Crank: “Why Is the Mayor Allowed To Dictate the Law?”

1. On Tuesday, May 15, the Consumer Protection Division of Attorney General Bob Ferguson’s found itself suddenly inundated with Consumer Protection Act complaints against the Seattle City Council, claiming that the council had violated citizens’ consumer rights by, among other things, allowing the city’s “public areas, streets, sidewalks, parks and cemeteries” to be “destroyed by unsanctioned homeless people and drug addicts.”  The written complaints—more than a dozen in one day—had a couple things in common. They all came from residents of Seattle’s Magnolia neighborhood. And they all used strikingly similar language, replicated here from one of the complaints, which I obtained through a public records request:

Dear Attorney General: I am writing to you because our public areas, streets, sidewalks, parks and cemeteries and currently being destroyed by unsanctioned homeless people and drug addicts. You cannot drive anywhere in Seattle and surrounding neighborhoods without seeing a homeless tent, evidence of where a homeless tent once was, trash and drug needles, bottles of urine, human feces, etc. in any open space around the city. The homeless are destroying public property by cutting down trees and shrubs to make their encampments. They are littering, urinating and depositing used needles around their encampments. They are harassing pedestrians for money. Often these camps are elaborate, built of shipping pallets, plywood, and other building materials stolen from neighbors or construction sites. Some are built using Yellow Bikes with tarps draped over them. RV’s equipped with generators and BBQ grills are being setup alongside public roads as if it were a camp ground! On occasion, they have stolen power from neighboring houses or businesses. This has gotten way out of control. These camps are dangerous to both the homeless and residents using the public spaces, as they are often setup right next to a busy road with trash and debris spilling into the road and sidewalk areas. Needles can be picked up by children or accidently stepped on by children or pets. The trash attracts rodents. The urine and human feces is a health concern. We report these encampments when they spring up, but we are told by the police that there is nothing that they can do ??? that they have been instructed by the Chief of Police and Mayor to not do anything unless a felony crime has taken place. Currently there are laws against camping along side public roadways and on sidewalks. There are laws against littering. There are laws against camping out of your vehicle along a public road. There are laws against public urination. There are laws against illegal drug use. There are laws against loitering. There are laws against illegal parking. There are laws against vagrancy. Why are the laws not being enforced? Why is the Mayor allowed to dictate the law? I see this no differently than if the Mayor asked the Chief of Police not to arrest her brother for drunk driving and felony hit and run. She should not be able to dictate which laws are enforced and which laws are overlooked. As Attorney General, I would like to know what you can do to ensure that these laws are enforced? Laws were created for the protection and safety of everyone in the community. The homeless is not a protective class. They should not be exempt from following the laws that we all must follow simply because of their income status. Please advise as to what can to be done to enforce our laws! Thank you.
Curious how so many people in Magnolia came to file essentially the same complaint (sometimes shortened or dolled up with a few personal details) at the exact same time, I checked out what seemed to me the most likely suspect: The Magnolia NextDoor page. (NextDoor is a semi-private social network for people who live in the same area of the city.) Sure enough, a little over a week ago, there it was: A post from a Magnolia resident, titled “Homeless Encampments – Letter to the Attorney General,” that encouraged people concerned about the issue of “tents that are springing up all over the city” to “file a complaint with the Attorney General” using his letter as a template.
The complaints are all listed as “closed” in the state’s consumer complaint database, and the division referred all the complaints back to the Seattle City Council “to process in accordance with your agency’s procedures.” The consumer protection division deals only with complaints against businesses, not government agencies or officials, and according to its website, “is authorized to bring legal action only in the name of the State of Washington, and is prohibited from serving as an attorney for individual consumers.”  You can almost hear the deep, bureaucratic sigh as another pile of frivolous complaints land on the AG’s virtual desk.

2. Tonight at 6, the Seattle LGBTQ Commission will host a screening of “Pinkwashing Exposed: Seattle Fights Back!,” a film that argues Israel has enlisted unwitting LGBTQ people in service to so-called “Israeli apartheid” by “promoting [Israel] as ‘gay friendly’ to divert attention from terrible human rights violations.” The term “Israeli apartheid,” which likens Israel’s control of the West Bank and its policies toward Palestinians to the racist policies of the former South African government, is common in far-left circles but is considered anti-Semitic by many Jews. On Wednesday, the Jewish Federation Seattle created a petition to stop the event, which the group says “promotes lies about Israel, alienates and discriminates against the tens of thousands of Jews and Israelis living here, and is likely at the very least to stir up increased anti-Semitism.” In 2006, a gunman went on an anti-Israel tirade while he shot six people, killing one, at the Jewish Federation’s headquarters in downtown Seattle.

According to the event page for the screening, which is being co-hosted by the Seattle Commission for People with Disabilities and socialist city council member Kshama Sawant the 10-member, city council-appointed commission is “standing in solidarity with Palestinians who face daily persecution from the occupying forces of the Israeli government. We are critiquing the Israeli governmental use of force, not individual Jewish people nor or we suggesting limiting human rights of Jewish people.”

But individual Jewish people in Seattle, and groups that work to combat anti-Semitism in the city, see the event differently. Maxima Patashnik, a spokeswoman for the Jewish Federation, says the documentary “presents a really one-sided view of the Israeli-Palestinian conflict, and is really a detriment to the LGBTQ activists in Israel who have worked hard to gain equality and human rights and lumps them in with this Israeli propaganda campaign.” She says that while the film (like the event itself) does include the perspectives of a handful of Jewish people, “The events in the film as they are presented are extremely exclusionary, unwelcoming, and alienating to the vast majority Jews and Israelis here in Seattle.”

Patashnik also questions whether a city-funded commission whose mission does not include weighing in on international affairs should be sponsoring an event at City Hall that promotes the idea that (according to the website for the film) “Israel is the country most famous for” pretending to be LGBTQ-friendly to cover up human rights violations. “If this film was just being sponsored by Queers Against Israeli Apartheid, they would be well within their rights to do that. Where it crosses the line is that this is city-sponsored,” she says.

In a statement, the Seattle LGBTQ Commission said it was “hosting the film screening as an opportunity to encourage learning and civil discourse” and notes that the film was “made by a Jewish filmmaker and features Jewish and Palestinian activists working together.” The panel discussing the film will also include a Jewish member, the commission says. (LGBTQ Commission co-chair Julia Ricciardi did not respond to a followup question about whether any of the commission members who signed off on the event are themselves Jewish.)

“The Seattle LGBTQ Commission is committed to highlighting and centering experiences of individuals who are often marginalized, underrepresented or erased from public discourse,” the statement continues. “This film screening is an opportunity to invite all individuals from the Seattle community to engage in learning and discussion around information that may not be widely known, as well as provide valuable space for people to engage in dialogue about governmental practices, whether those practices be local, federal, or international.”

Patashnik says the Jewish Federation does not have any plans to formally protest the event.

 

3. Earlier this month, a woman was the victim of a brutal rape by a stranger in the restroom of a car dealership in Ballard. (Most rapes occur in people’s homes and are committed by men who are known to their victims.) Much of the media, and certainly many members of the public, have fixated on the fact that the man was homeless, suggesting that women are at particular risk of being raped by homeless strangers in Seattle due to policies the city council has adopted. And over the last few weeks, they have expressed their feelings
Many of the emails were directed at District 6 council member Mike O’Brien, whose district includes Ballard, where the rape occurred. Some, by the standards of anti-homeless social media screeds, are fairly mundane—a woman claims that she and her children are now “forced to stay in our homes and no longer feel safe to interact in the community we once loved”—but others are darker.
You probably know where this is going.

“Hey Mike,” one man writes. “Heard one of you Ballard BUMS raped someone today? Care to comment? The blame for this is COMPLETELY on your head due to your coddling of the BUM herds in Ballard.

“I sincerely, SINCERELY, hope that your wife is the next rape victim. Please do the world in general a favor and kill yourself.”

Another letter, from a woman, says that if council members like the “unsafe dump” Seattle has turned into, they should invite “these people” into their homes, where “They can rape your friends and do drugs in your backyard.”

A letter from a couple suggests that council members may “wake up” once  “your mother, wife, daughter, son [is] the next victim brutally raped by some mentally deranged homeless person from God knows where!!! … It takes city workers days to clean up after these PIGS!!,” the letter continues. “That’s appreciation isn’t it??  Wake up!!!  Who is in charge here??  Seems like the homeless are.  If they don’t want help, screw them, lock them up.”

A real estate broker, who helpfully includes the name of her employer, her personal website, and the signature line, “Realtor since 1990. Real Property. Real Expertise,” suggests that council members should “make every square foot of the floor space in Your yard, Your home Your children’s rooms available for the outlaws you seem to care for so much. Between Yourselves and all Your staffers You can get a true taste of what the policies you have wrought mean.

The vagrants have No rules

They could …Rape and assault, immolate, stab, kidnap you and your neighbors.

And don’t call the police they shouldn’t respond, you have instructed them not to.

You have already given the vagrants all the permission they need to do all of the above.”

Finally, to end on a (slightly) lighter note, there is this slightly deranged email, with the subject line “Rape of Seattle,” from a man who believes that city council members are accompanied at all times by security details and never “openly walk on the street.”

“If indeed you were running a safe city, then why do you require personal security?,” the writer asks. “Seattle’s political women like you Jenny, Sally, Kshama, Lisa, Debora, Lorena, Teresa, should be able to walk or bike the streets you are responsible for. At least bring your vehicle in for work without security.”

City council members do not have security details, and can regularly be seen on buses, walking on city sidewalks, riding their bikes along Fourth Avenue, and even at the downtown YMCA.

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.

Bomb Scare that Nearly Shut Down Central Library Was “Realistic” Army Exercise

On Saturday, April 14, staffers at the downtown Seattle library discovered two alarming objects on its third-floor shelves: Two books, including South of Broad, a family drama by Pat Conroy, that had been hollowed out and filled with what appeared to library staffers to be two primitive homemade bombs, according to an internal library email about the incident.

Each of the books contained batteries, wires, and computer chips. According to the police report, obtained through a public disclosure request, staffers considered the objects to be “potential explosive device[s].”

The staffers on duty that Saturday morning, according to multiple accounts of the incident, then called 911, stationed security guards on several floors, and prepared to evacuate the entire 363,000-square-foot building and its approximately 3,500 occupants in response to the apparent potential bomb—a complicated process in any building, made more so by the fact that the downtown library, with its meandering “book spiral” and hard-to-find emergency stairs, is not designed for easy evacuation.

As security staffers prepared to pull the fire alarm, a Seattle Police Department officer arrived on the scene. Although accounts differ on the precise details of what happened next, library staffers were quickly told to call off the evacuation, and the responding police officer, along with a man in street clothes (identified after the fact, according to the police report, as U.S. Army Sgt. Maj. Mike Merzke) and two other plainclothes officers left the building, carrying the mysterious devices with them.

Merzke, who works at the U.S. Army’s Special Operations Command (USASOC) in Fort Bragg, NC, did not return a call to his direct line seeking comment. According to USASOC public affairs director Robert Bockholt, the exercise was part of a larger series of “realistic military training” exercises that took place in locations across the city between April 8 and April 22. “Seattle, like other cities, provide an excellent training area for the challenges of an urban environment and afford our Soldiers the opportunity to refine our techniques needed for overseas operational missions,” Lt. Col. Bockholt said in an email. “The Seattle Police Department approved and coordinated with USASOC from October of 2017 through April of 2018, including two in-person meetings in Seattle prior to training commencement.”

According to Bockholt, “The training and evaluation device[s]”—the books—”included an embedded recorder [and] allowed military training staff the ability to evaluate the students[‘] training.” Bockholt did not provide additional information about the other training exercises it conducted in Seattle in April.

Library spokeswoman Andra Addison says the library was not informed in advance about the exercise.

In an email to library staffers a week after the near-evacuation, city librarian Marcellus Turner wrote that he had talked to SPD at length about “why we aren’t a good place to hold” military exercises, and that  “Chief [Carmen] Best and her staff at the police department …apologized immediately” for the incident and assured him that “[t]he Seattle Public Library (and our neighborhood libraries) will not be an exercise site again.”

“I have been assured that the exercise itself never placed the library or any of our staff or public in danger or harm of any sort and the devices that were found had no ability to harm or physically disrupt our space or use of the building,” Turner continued. “The exercise was a constitutionally-protected and non-criminal exercise meaning having a conversation in a public space and possessing no weapons in the course of the exercise was legal.  The exercise itself was described as a meeting between several people in a public space and the device that was found was a recorder which was being used to record the discussion between these people.  In truth, an exercise of the agency / agents, not the Library.”

The Seattle Police Department declined to comment on its role in the incident. Bockholt said that the Army’s policy “with regards to informing local governments when conducting these kind of exercises in public buildings is to coordinate and follow local law enforcement guidance. In this case, Seattle Police Department evaluated the training and determined their supervision of the training was sufficient.”

Library spokeswoman Addison says library staffers “did a great job of responding calmly and appropriately” when they found the devices.

Morning Crank: From Homeless Camp to Graffiti Fence

1. Back in February, the Seattle Department of Transportation put up a temporary chain-link fence around the Ballard Bridge underpass at Leary Way Northwest in an attempt to deter homeless people from trying to take shelter under the bridge. Several weeks later, the fence was replaced by a more permanent structure, topped with metal spikes and standing some ten feet tall. The city argued that the $100,000 fence was necessary because if homeless people were allowed to sleep under the bridge, they might set the bridge on fire, causing it to collapse. Whatever the city’s motivation, the fence also answered the wishes of many neighborhood activists who took umbrage at having to look at homeless people through their car windows on their way home from work.

Now, they get to look at this:

And this:

And this:

About half the fencing is currently covered with graffiti, a problem made possible, in part, by the wall-like semipermanent fencing the city chose to enclose the area under the bridge. Asked when or whether the city plans to clean up the graffiti, SDOT spokeswoman Mafara Hobson said SDOT’s first priority is maintaining the safety of the bridge; in a followup, she said graffiti removal is the responsibility of Seattle Public Utilities, which plans to clean up the graffiti four times a year, at a cost of about $1,900 per cleanup. Given that the fences appear to be an appealing target for taggers, I asked Hobson if the city might step up its efforts to keep the fence tag-free; I’ll update this post if I get more information.

2. The Rental Housing Association of Washington—a group that advocates on behalf of landlords—filed a lawsuit today challenging the city’s “fair chance housing” law, which says that landlords can’t ask about potential tenants’ criminal history when deciding whether to rent to them. The lawsuit is one of several RHA has filed against the city in recent months; the group has also challenged laws capping the amount of move-in fees landlords can require tenants to pay and the so-called first-in-time law, which requires landlords to rent to the first qualified candidate. (A King County Superior Court judge  agreed with RHA, ruling in March that the first-in-time law violated landlords’ property rights). In its complaint, the group argues that the law infringes on landlords’ “constitutionally protected right to choose whom they will house and work within these often lengthy and interpersonal landlord-tenant relationships. The inability to access valuable information about potential tenants increases various risks faced by plaintiffs when renting their property.”

At a press conference Tuesday morning, RHA president William Shadbolt argued that the city’s tenant protection ordinances make the housing affordability crisis worse. “Making criminals a protected class and other ordinances like it makes the city council directly responsible for increasing people’s rent,” he said. Shadbolt suggested that the city should instead adopt a law that would give renters with criminal records (of any kind) the option of going before an “impartial panel” to get a “restoration of opportunity” certificate that could allow them to rent from some “willing small landlord[s].”  Several landlords said they had drastically increased their screening criteria—requiring higher income or credit scores, for example—in an attempt to prevent “the criminals” from qualifying to rent from them.

In reality, criminal background checks allow landlords to screen out people who have merely been arrested or accused, but found not guilty, of committing a crime—one reason that criminal background checks disproportionately impact people of color, who are far more likely to be targeted, detained, and charged for crimes they did not commit. (Overall, roughly one in three Seattle residents has some kind of criminal history). On the other end of the spectrum, people who do commit crimes and serve their time have a much easier time reintegrating into their communities if they have stable housing.  And of course, people with stable housing are much less likely to commit crimes that stem from poverty, isolation, lack of services, and economic desperation.

City council member Lisa Herbold, who sponsored the fair-chance legislation, says, “One of the fundamental tenets of our justice system is that only a court of law can punish someone accused of a crime.  Blocking people from accessing stable housing based upon their criminal background violates this fundamental tenet of our justice system and is inconsistent with the rule of law.” Herbold also disputes the idea that renting to people with criminal backgrounds puts landlords and tenants without criminal history at rick. “Blocking people from accessing stable housing is a recipe for recidivism and less safety for our communities,” she says. “With housing, a person is seven times less likely to reenter the criminal justice system.  I would expect anyone in favor of a safer Seattle to support this law.”

3. A report by BERK Consulting on Seattle’s “democracy voucher” program, which provides four $25 vouchers to every Seattle resident to contribute to the local candidates of their choice, concludes that while more people contributed to candidates in last year’s elections compared to previous years, the people who used democracy vouchers skewed whiter, wealthier, and older than the city as a whole. The report also found that while more candidates decided to run last year, only a handful managed to qualify for vouchers, and made recommendations for improving the system and increasing access to vouchers in the future.
A few highlights of the 51-page report:
• Democracy vouchers did little to prevent “big money” from dominating Seattle politics, as total spending in city council campaigns increased 60 percent between 2015 and 2017, as candidates asked to be released from campaign spending limits when their opponents’ spending, plus spending by outside groups on their behalf, exceeded the limits set by the legislation that established the voucher program. Independent expenditures, which the city does not have the authority to limit, jumped 55 percent over the same two-year period, leading the consultants to conclude that “the role of big money in Seattle elections persists.”
• Because candidates can be released from spending limits if their opponent’s total contributions (including both direct contributions and independent expenditures) exceeded those limits, the report found, the program may unfairly penalize candidates who have no say over whether an outside group does an independent expenditure on their behalf. Conversely, the trigger for releasing campaigns from spending limits might create a perverse incentive for candidates to encourage or solicit small IEs against their opponents in order to boost their combined campaign spending above the threshold and triggering a release from spending limits. “
• For candidates, the biggest barrier to participating in the democracy voucher program was the difficulty of getting signatures and contributions of at least $10 from 400 registered voters and verifying their information with the city, with the result that “most candidates did not receive any public funding, or qualified to receive public funding too late in the election cycle to make a difference.” To fix that problem in the future (and, presumably, to help prevent democracy voucher fraud in future elections), the consultants recommend “significantly streamlining the verification process – particularly when it comes to qualifying contributions,” by allowing people to verify their identities electronically when they make their contributions.
BERK will present its report to the Ethics and Elections Commission on the 40th floor of the Seattle Municipal Tower today at 4.

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.

Meet Seattle’s Reformer-in-Chief, Lisa Daugaard

This story first ran in the print and online editions of Seattle Magazine.

Image credit: Hayley Young, Seattle Magazine

It’s a little before 10 a.m. in the courtroom of King County Superior Court Judge Veronica Alicea-Galván, and the crowd is getting restless. Dozens of spectators, many wearing red scarves to indicate their opposition to supervised drug consumption sites, are murmuring quietly, waiting for Alicea-Galván to emerge from her chambers. Advocates say the sites—safe spaces for people to consume illegal drugs and access medical care and treatment—will save lives and put drug users on the road to recovery; opponents say they will enable drug users and lead to crime.

What’s at stake today is a ruling on an initiative, filed by Bothell City Council member Joshua Freed, that would preemptively ban the controversial sites throughout King County.

Suddenly, Lisa Daugaard, the 5-foot-2, 51-year-old director of the nonprofit Public Defender Association (PDA), which advocates for criminal justice and drug policy reform, bounds from her seat in the second row and makes a beeline for Freed, who is sitting at the defendants’ table. Before Freed can process what’s happening, Daugaard is pumping his hand, politely forcing the antidrug activist (he once told KVI-AM’s Dori Monson that safe consumption sites would make Seattle a magnet for the nation’s heroin users) into a bit of friendly courtroom small talk.

Daugaard’s friendliness is strategic. “I always go talk to the opposite side,” she says, laughing. “It’s a way of saying, ‘I’m not afraid of you. I get where you’re coming from.’”

For Daugaard, who has spent decades waging legal battles on behalf of people with few advocates in the criminal justice system, maintaining an open dialogue with the “opposite side” is a key part of the formula that has helped her win some of the most significant political and legal victories for civil rights in Seattle of the past 20 years.

The era isn’t long past when Seattle police officers set up “buy-and-bust” operations (undercover stings in which an officer buys drugs from a suspect, then arrests him) to put addicts behind bars, arrested people for sitting on the sidewalk and seized people’s cars for failing to pay their parking tickets. Today, that kind of draconian enforcement is unheard-of, and Daugaard is a big part of the reason why.

As Seattle has shifted leftward (from a place where people were arrested for smoking weed in parks to one where the big drug debate is about safe consumption sites), Daugaard’s focus has shifted, too. Instead of fighting on behalf of individuals against overreaching police, she’s advocating for policies that “advance the common interests of people who have suffered a lot of harm as a consequence of traditional policing,” such as progressive drug policy reform, and fighting against homeless encampment sweeps and for increased civilian involvement in how the Seattle Police Department conducts its business.

Daugaard cut her teeth as an activist during the South African apartheid era, when she was a grad student at Cornell. She found defending activists arrested and expelled during the anti-apartheid movement more interesting—and transformative—than writing her thesis on the criminalization of homelessness, and she decided to go to law school to pursue “a career trajectory where [activism] was the work rather than a distraction from the work.”

She has been at the center of many of the key civil rights battles of the past two decades, starting in the early 2000s, when thousands of low-income Seattleites lost their cars due to an initiative called “Operation Impound.” Daugaard, then a founding attorney of the PDA’s Racial Disparity Project, which worked to promote police accountability and reduce racially biased policing, says it took her a while to connect the dots between the thousands of seemingly routine license suspensions and the impoundment cases she came across through her work. The cases seemed unrelated—a litany of individual injustices.

“I knew the relationship between race, poverty and the justice system, but before I worked in public defense, I hadn’t realized the systematic way in which people of color were being deprived, as a generation, of the ability to drive,” Daugaard says. Over time, however, Daugaard started to see a pattern: Poor people, overwhelmingly people of color, were losing their licenses over moving and equipment violations or unpaid parking tickets, then losing their cars under a city law that allowed the city to seize the car of anyone caught driving it whose license had been suspended. This fed a cycle of poverty, as people who couldn’t afford to pay their tickets lost their cars, and then, with no way to get to work, their jobs.

 

“She’s an organizer, an analyst, an advocate, a strategist, an academic, an orator, a social worker and a spin doctor. You don’t come across that very often.”—Seattle City Council member Lisa Herbold

 

Supporters of Operation Impound presented the issue as a simple question of personal responsibility, but Daugaard, along with a community group called Drive to Survive, reframed the impoundment law as an assault on the rights of low-income people and people of color. They packed public meetings with people who had lost their cars, putting a human face on what had been a fairly obscure administrative issue. And they won. By the early 2000s, Operation Impound was a thing of the past.

This kind of no-holds-barred, uncompromising activism earned Daugaard accolades from unlikely corners. “Nobody I’ve met in my professional career can negotiate as effectively, and has the stamina and persistence that Lisa has,” says Scott Lindsay, a former candidate for city attorney who worked as a criminal justice adviser to former Mayor Ed Murray. City Council member Lisa Herbold, who worked with Daugaard on numerous issues when she was an aide to former council member Nick Licata, describes her as the full package. “She’s an organizer, an analyst, an advocate, a strategist, an academic, an orator, a social worker and a spin doctor. You don’t come across that very often,” Herbold says.

Daugaard’s status as a child prodigy—she started classes at the University of Washington at age 12, leaving at age 17 to study at Cornell and earn a law degree at Yale—is one of the first things people mention when talking about her. But her longtime employee and close friend Patricia Sully, who works at the PDA running a drug policy group called VOCAL (Voices of Community Activists and Leaders), argues that it’s the least interesting thing about her. The two met shortly after Sully graduated from law school, when they were both working with legal teams defending clients arrested during the Occupy Seattle protests. What’s most unusual about Daugaard, Sully says, is her ability to relate to a wide variety of people. “There’s no one I’ve met who is as comfortable being in a board room and talking to people in suits, and walking straight from that board room into an encampment and having a totally authentic relationship to the people in that encampment.”

Daugaard hasn’t always been so comfortable working both sides of the fence. In her early days as a public defender, some issues just seemed black and white—you either supported taking away people’s cars because they were poor or you didn’t.

But in 2005, when the PDA was fighting the police department over buy-and-busts, an SPD precinct commander challenged Daugaard to come up with a better plan, and she realized she didn’t have one. “That was a wake-up call for me,” she says. Instead of fighting the cops, she realized she needed to work with them; and instead of dismissing neighborhood concerns about public safety, she needed to find a solution that addressed those concerns.

That epiphany led to the development of a program that has become a model for criminal-justice reform around the nation. Law Enforcement Assisted Diversion (LEAD), which began as a grant-funded pilot project in Belltown and has expanded throughout downtown and to the Chinatown/International District and the East Precinct area (Capitol Hill, the Central District and Little Saigon), gave beat cops the opportunity to offer people engaged in drug activity an alternative to arrest.

“Ten years ago, she might have thought [prosecutors] were the enemy, and now we’re important partners. She’s a formidable adversary, but she’s an even better friend.” —King County Prosecutor Dan Satterberg

 

Instead of cycling through jail again and again, those people can enroll in LEAD, where they are connected to mental health and drug counseling, housing assistance, and education and job opportunities, among other services. Crucially, LEAD doesn’t require that participants stop engaging in whatever criminal behavior made them eligible for the program; instead, it gives people stuck in the cycle of addiction opportunities to access a better life, while recognizing that transformation doesn’t happen overnight. The program has been shown to reduce recidivism by as much as 60 percent. It’s also made arrests for minor drug possession essentially a thing of the past. “It’s a genuine paradigm shift,” Daugaard says.

King County Prosecutor Dan Satterberg, initially a LEAD skeptic, says Daugaard didn’t just convince him to give her long-shot proposal a try; she changed his mind about how the criminal justice system should respond to drug-related offenses. “She’s taught me a lot about harm reduction and how a community-based response can be a lot more effective than just dragging someone into the courtroom, where we don’t have the tools to change people who are in a drug-dependent state,” Satterberg says. “Ten years ago, she might have thought [prosecutors] were the enemy, and now we’re important partners. She’s a formidable adversary, but she’s an even better friend.”

Today, Daugaard believes that the way to reach consensus on contentious issues is to identify the 90 percent of the issue on which both sides agree—the “goals and values” that underlie the two sides’ common search for a solution. As for the 10 percent where there’s fundamental disagreement? Set that aside, Daugaard says, and “by the time you’re done, the 10 percent has been transformed. That’s the formula, and it always works.”

It certainly worked with LEAD. Since the program launched in 2011, the question for the city hasn’t been whether to expand the program outside central Seattle, but which neighborhood will get it first.

Daugaard believes her 90 percent approach will work with safe drug consumption sites, too. The common ground is a shared desire to do something about the opioid epidemic; the experiment will be a single safe consumption site in a neighborhood that supports it; and the measure of success will be how quickly other parts of the city and region start clamoring for safe consumption sites of their own.

Sully says working for Daugaard has changed her attitude toward political adversaries. “People have legitimate concerns, and we need to actually grapple with that,” Sully says.

But Daugaard’s willingness to compromise has its limits, and it has caused friction with some allies.

As co-chair (from 2013‒2016) and now a commissioner of the Community Police Commission (CPC)—the civilian group charged with overseeing the implementation of police reform in Seattle—Daugaard says she saw the city make good strides toward police accountability. However, she has clashed with city attorney Pete Holmes over the role of the CPC and how much power it should have over the police department. Holmes, Daugaard says, “inexplicably chose not to work in support of the approach to the police reform process that community leaders wanted to take.”

The police-accountability issue helped drive a wedge between the longtime allies, so much so that during last November’s election, Daugaard endorsed Holmes’ opponent, Scott Lindsay (Holmes was reelected). While Holmes is quick to acknowledge Daugaard’s success in pushing through reforms like LEAD, he takes issue with what he calls a “take-no-prisoners approach” once she’s decided how things should go.

“If you’re not completely on board with every element of her program, then you’re the enemy,” he says. As for her endorsement of his opponent, Holmes says: “People are going to have to think that if you’re going to work with Lisa, remember that she may turn on you, even if it’s a good-faith disagreement.”

Daugaard says her dispute with Holmes wasn’t personal, and she doesn’t regret her endorsement. “I did so for specific reasons based on how the last four years actually went,” she says bluntly. Despite Holmes’ dark assessment of the way she does business, Daugaard does not think the relationship is beyond repair. “I have told him I’m glad to work with him during his new term,” she says. “Hopefully, he will prove I was wrong.”

Republicans Show Up, Business Community Sits Out, Hearing on Supervised Consumption Sites

King County Superior Court Judge Veronica Alicea-Galván gave no obvious indication this morning which way she plans to rule on a lawsuit challenging I-27, an initiative that would ban supervised drug consumption sites countywide, but afterward, the attorney representing safe-consumption opponents seemed perturbed. “As the plaintiff’s attorney [Knoll Lowney] pointed out, they only have to succeed on one of their claims; we have to succeed on multiple claims.” Stokesbury was referring to the fact that initiative opponents are claiming I-27 violates five different rules that govern local initiatives, including a rule that says that urgent public health decisions must be made administratively (that is, by a non-legislative body like the King County Board of Health), not legislatively, and that the King County Charter itself prohibits voters from undoing budget decisions by referendum. (I covered some of the other legal arguments on Twitter). Alicea-Galván plans to rule on the lawsuit by the end of the day Monday, and both sides have said they will appeal if they lose.

Earlier this year, the King County Council voted to prohibit funding for safe consumption sites except in cities that explicitly approve them; since then, Bellevue, Federal Way, Auburn, and other cities have passed legislation banning the sites wihtin their boundaries. After the hearing, I asked Stokesbury why, if cities have the right to ban sites already, I-27 proponents want the right to prohibit cities like Seattle from allowing them. “We live in a regional area,” Stokesbary said. “Some folks might live in a city but work in a different city. I don’t know if we want to go back to an era where cities aren’t connected.” Stokesbary also suggested that allowing supervised heroin consumption, in particular (safe consumption sites would cover all drugs, but opponents refer to them as “safe injection sites”) would make it “harder to dissuade people from using heroin,” in the same way, he said, that legalizing marijuana has made marijuana use more common.

Without going too deep down that rabbit hole, I noticed something … odd about the safe-consumption opponents who packed the courtroom today and spilled into an overflow room down the hallway. No, not their maroon scarves, or the baseball caps they were required to remove in the courtroom, nor even their tendency to guffaw and cough loudly when they disagreed with a point as if they’d never been inside a courtroom.

What was weird was that there were so many of them—far more than the handful of familiar faces who reliably turn out to midday hearings about supervised consumption sites. There was, it turns out, a reason for that: The state Republican Party—headed by Susan Hutchison, who remains one of Trump’s most stalwart local supporters—sent out an email to its members urging them to show up in King County Court today, and to “wear baseball caps to be identified as pro-I-27.” (Whoops.)

“Polls show that citizens overwhelmingly reject heroin injection sites as a danger to society,” the email alert says. “Unlike the city of Seattle, we want compassionate solutions to TREAT the opioid addiction epidemic.” 

The other thing about the crowd that jumped out at me this morning was who wasn’t there: Representatives from business groups in Seattle, which have effectively sat out the whole debate over supervised consumption sites. That’s notable—and represents a significant shift from just a few years ago. Groups like the Downtown Seattle Association and the  Chamber of Commerce, which were initially skeptical of another harm-reduction program called Law Enforcement Assisted Diversion, came around to that program when it became clear that throwing drug users in jail wasn’t solving the problem of downtown drug use and disorder. Supervised consumption sites, radical as they may seem now, will serve a similar purpose: Meeting drug users where they are and offering them alternatives instead of locking them up and pretending that will fix the problem.

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, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

The C Is for Crank Interviews: Jenny Durkan

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Former US attorney Jenny Durkan has been pigeonholed—unfairly, she says—as the “conservative” candidate in the race for mayor, where “conservative” is a term broad enough to include a longtime activist for LGBT causes, former Obama appointee, and advocate for supervised drug consumption sites. She’s caught flak for her style (too stiff and inauthentic, some say), her views on homelessness (more conservative than ex-mayor Ed Murray’s, by some measures) and her tendency to respond to questions in elliptical, lawyerly soundbites (many of which have been edited out of this interview, because nobody wants to read those.) As the candidate with the support of Seattle’s business establishment (as well as most of the local labor groups), she’s also widely considered the frontrunner in the race, and has enjoyed a large spending advantage over her opponent Cary Moon—in addition to outraising Moon in absolute dollars ($727,689 to Moon’s $231,331, of which $111,521 is Moon’s own money), a business backed political action committee, People for Jenny Durkan, has raised $124,600 so far for an independent-expenditure campaign on Durkan’s behalf.

I sat down with Durkan in September.

The C Is for Crank [ECB]: There has been a lot of talk by candidates this year about revisiting the Housing Affordability and Livability Agenda, particularly the amount of affordable housing developers should have to provide and whether single-family areas should be opened up to other types of development, like duplexes and row houses. Would you revisit any part of the HALA agreement?

JD: I never use the word ‘revisit.’ I think it is absolutely clear that we cannot bring on board the number of affordable housing units we need without the private sector participating strongly, and the only way you’re to do that is through a series of incentives. So I think we have to keep the part of HALA that is going to give us the ability to bring on more affordable housing, and as we roll it out, we have to make sure that there aren’t unintended consequences—that we aren’t impacting neighborhoods, communities, or families in ways that we didn’t think about.

I think we just have to make sure that we are looking at it how we implement it and make sure it makes sense. We’re getting two, three, four, five years away from when the deal was made and the marketplace is growing. So have we gotten that ratio of required housing and public benefit for housing right, or is there more room there? Should we have transportation impact fees? Should we have park impact fees? We  don’t want to kill the development, because there’s no question that we’re going to get more dense, but as we do that, can we squeeze out of that growth the benefits we need [such as] affordable housing [and] transit-oriented development?

ECB: Do you think Murray made the wrong decision by taking a proposal to allow duplexes and other modest density in single-family areas off the table, and would you revisit that decision?

JD: I think it was the smart thing politically to pull that off the table, because I think the whole thing would have collapsed if the mandatory [affordable housing] fees collapsed. We would not have the resources to bring on anywhere near the affordable housing we need. To pull the rug out from under the deal and be left with nothing—it would have crushed us as city.

ECB: Murray also cut ties with the neighborhood district councils, which prompted quite a backlash from single-family homeowners who say their views are no longer being heard at City Hall. Would you restore city funding and support for those groups?

JD: I would have neighborhood councils. They’d be configured differently, but I think we suffer way too much from top-down right now, and part of the reason there is so much anxiety in neighborhoods and communities is the city has quit listening to the neighborhoods’ needs. I’ll give you an example. I was down in Rainier Beach the other day and I spent several hours with the community and youth down there, because when I was US Attorney, I’d helped them get a grant for youth violence prevention, and I wanted to get updated on what’s working and  what’s not working. And they’ve done amazing things. Even with the huge amount of displacement, the increased violence, the deaths they’d seen, the community is fighting to maintain its place.

“What I hear from West Seattle, Ballard, Greenwood, Capitol Hill—everyone feels like they’re not being listened to, and I think you have to do that. Government exists to serve the people.”

 

But they’re not getting the help they need from the city, because the city has quit listening to them. From the activists to the kids, you will hear, ‘We think we’ve figured out a path out for youth violence prevention, for activating our corners, for having corner greeters, for empowering businesses, for helping bring business back here. I think that the support the city had historically given them has eroded. You can’t do neighborhood work from city hall. While you have to have a vision and policy that works for the whole city and move people beyond some of their own vested interests, you also have to listen to what they think the solutions are for their own communities and neighborhoods.

ECB: So did Murray’s decision to take some power away from the neighborhood councils make that harder?

JD: No, again, I really want to make clear that I don’t want to talk in terms of, ‘Do you agree with what Ed did?’ I’m telling you what I would do. I think you have to have a very vibrant Department of Neighborhoods that works with people in communities and listens to people and talks to people. As I understand it, in some neighborhoods, it became the same people showing up all the time, so it was a very limited spectrum of voices. My view is, the answer is not to shut down those voices—the answer is to bring more people in. Maybe not at the same room at the same time, but you can have more meetings at different times. You can have virtual meetings. You reach out in all the ways you can to get more voices in. What I hear from West Seattle, Ballard, Greenwood, Capitol Hill—everyone feels like they’re not being listened to, and I think you have to do that. Government exists to serve the people.

ECB: Opponents of supervised drug consumption sites have filed an initiative to ban the sites throughout King County. What’s your take on that lawsuit, and do you think Seattle will ever actually get a supervised-consumption site?

JD: I think the city of Seattle should consider joining that suit and challenge it in their own right. [Ed: Since our conversation, the city has expressed its intent to join the lawsuit.]

[Beyond that,] I don’t think they have the ability to stop the city from doing what it wants. If I’m mayor, we’re going to go ahead [with a supervised consumption site] and we’ll take the legal challenge, because the city of Seattle does not depend on King County for its rights. It has its own statutory rights, and one of those is to decide what it needs to do for the public health and safety of its people.

There’s no question in my mind that consumption sites are something we need to have as part of the health care response to a health crisis on our streets. Right now, we’re in a place where we give clean needles to people and tell them, ‘Go use it in the car, in the doorways, in the parks.’ It makes no sense. And for me, what’s most important is, if you read the task force recommendations, it’s not just a place where people can go and use drugs. It is a place where there will be health care workers, where they may get hooked up with addiction services and counseling and treatment. It may not ‘take’ the first time, the third time, the fifth time, the tenth time, but for somebody, it might eventually work, and that’s what we have to provide them, is that option. And they will never get it if they’re in the doorway or on the street corner.

 

“I think it was the smart thing politically to pull [allowing duplexes and row houses in single-family areas] off the table, because I think [HALA] would have collapsed.”

 

Right now, it’s being portrayed in such an unfair way. People might be surprised that a former federal prosecutor would say we should do this, but what is the alternative? I live downtown right now. My partner and I went out to dinner the night before last. In a three-block walk, we saw three different homeless people shooting up heroin, three who probably just had, and a couple of people looking to score. That’s in three blocks! What we’re doing right now is not working, and what we did in the ’90s didn’t work. I was in the front row. I was a criminal defense lawyer and saw that the war on drugs was really a war on addicts, and that’s who we locked up. And if we don’t have public health response to this crisis, we will end up in the same bad place. So we have to try things that are different. Will it work perfectly? Absolutely not. Is one site enough? Of course it’s not. But we have to show that there can be a different response that might work for some people some of the time.

ECB: Do you think the city has been moving in the right direction on homelessness, in terms of both encampment sweeps and the way the city spends its service dollars?

JD: I think what we’ve been doing on homelessness isn’t working. I think we have not done some of the really hard things we have to do to really move the dial. Number one is, we have to get real and we have to get forward-leaning on addiction services and mental health services.

I think the Navigation Teams are a mechanism for trying something different, and I think that from all the reports I’ve heard, from people who’ve been working with them, they’ve had some good successes. In my view, we have to get people out of tents and into treatment. When I talk to the various providers and the people working with the homeless, their estimates are that a significant majority of the hard-core chronic homeless are suffering either from mental illness, drug problems, or a combination of the two.

 

ECB: You’ve opposed opening up the police union contracts to observation and participation by the public. Given that the police department is still under a federal consent decree and the police union has been reluctant to institute reforms, why do you oppose opening up the contracts, and what would you do to increase transparency at SPD?

 

JD: There is no question, with Trump as president and the Janus decision coming down, that the right-to-work forces are going to be emboldened and they’re going to be coming after workers’ rights. In that context, I think it is irresponsible for anyone to say, ‘Let’s do their work for them and open up collective bargaining.’

Second, I’ve tried to talk to [reform advocates] and say, ‘Okay, what parts of police reform are they not doing because it’s against their contract?’ And the answer I’ve gotten back is, ‘Nothing.’ So the question of whether we can see what they’re bargaining is separate from the question of whether they’re doing it and if it’s effective. Going into police reform, we had a list of things we had to do, and so it wasn’t a question about, were they going to do them? A judge was ordering them to do it. So then the only part we aren’t seeing is what are we going to pay them to do it. And that all comes out when the city council has to vote on it, so there is more transparency than people think there is. My question would be, what things do people feel they don’t know?

 

“I’ve tried to talk to [reform advocates] and say, ‘Okay, what parts of police reform are they not doing because it’s against their contract?’ And the answer I’ve gotten back is, ‘Nothing.’ So the question of whether we can see what they’re bargaining is separate from the question of whether they’re doing it and if it’s effective.”

 

ECB: One thing we don’t know might be whether the city is going to pay cops a huge bonus just for wearing body cameras, for example.

JD: But we will know that when the contract gets presented and has to be voted on. We’re not in the room, but we set out the guiding principles—which I think the public has a right to do—and we see things that are going to be in the contract. Once we have the inspector general stood up, once we have the [Community Police Commission] more fully staffed, part of their function is going to be setting what those goals and policies are going to be. There will be transparency into that, because their job is to bring in the voices of the community and to report back. So we have built in already, I think, the ability to have more transparency, and I think some people just aren’t aware of it.

ECB: If the issue isn’t the police contract, then why do you think we’re stalled on police reform?

JD: I actually don’t think we’re stalled on police reform. I think we’re stalled on implementing some of the ordinances that I think will give greater civilian accountability. [Ed: The city can’t implement police-reform legislation until Judge James Robart signs off on the proposed reforms.] In terms of what’s actually happening on the ground—de-escalation policies, crisis intervention training, body cams—it’s all moving forward.

ECB: If that’s true, then how do you explain incidents where de-escalation training clearly didn’t work, like the shooting of Charleena Lyles?

JD: The Charleena Lyles thing shows us that reform is never done. Since the changes [requiring SPD officers to go through crisis intervention training], significant uses of force are down 60 percent in three years. That’s amazing. Charleena Lyles was a horrible, horrible crisis. I think we failed her as a society in so many ways even before the police got to the door. She had been living on the street, and she got into housing, but clearly still had issues with domestic violence, mental health issues, a single mom, and from what I can tell from the public record, about the only time she got provided services was when she was arrested and in jail. That’s the only time we as a society did anything for her. And so we have to change that equation where, if we are going to get people off the street and into housing, we also have to provide them the social services, the network, the support that they need day to day.

 

ECB: Your opponent has said she’ll expedite Sound Transit delivery to Ballard and West Seattle by loaning Sound Transit funds to build those segments more quickly. What would you do to help Seattle get its final two segments of light rail faster?

JD: The way we can best speed up ST3 is through accelerating the siting process. That’s the longest lead time that you have in these megaprojects, and we unfortunately tend to do those things very sequentially—environmental impact statement, community input, three different site alternatives, then SDOT weighs in… We can’t afford to do that. If I’m mayor, we’re going to try to do things, instead of sequentially, in collaboration. We know where the lines are going and there’s only so many locations that the transit stations can go. Let’s start doing the process now. Let’s not wait for all the alternatives. Let’s start engaging the noisy neighborhoods and the community voices now, and start having that robust dialogue. If you wait for two years, three years to engage, then you getting those intractable fights that seem to delay things forever. With these big projects, if you let them get away from you, they will get away from you. If you deal them at the beginning, you can impact how long they take.