Saving the Showbox Just Took a Big Step Forward, But What’s Next?

This story originally appeared on Seattle magazine’s website.

Efforts to “save the Showbox” theater moved forward Wednesday, though not in quite the way council member Kshama Sawant envisioned when she proposed legislation on Monday to expand the Pike Place Market Historical District on a two-year “interim” basis to include more than a dozen buildings on the east side of First Avenue, including the Showbox.

On Wednesday, council members Teresa Mosqueda, Lisa Herbold, and Sally Bagshaw whittled down Sawant’s legislation to expand the historic district to encompass just one new property—the Showbox—and for just ten months, rather than two years. The amended legislation passed the committee unanimously, and could go before the full council on Monday.

The council got its first look at the plan to “Save the Showbox” by expanding the Market on Monday when Sawant introduced a proposal to increase the size of the Pike Place Market Historical District to include all the properties on the east side of First Avenue downtown between Virginia and Union Streets—the largest expansion in the history of the district, which was expanded twice in the 1980s.

Sawant said the council needed to pass her proposal quickly—just one week after it was introduced—in order to halt Vancouver, B.C.-based developer Onni from building a 44-story apartment tower on the site.

By Monday afternoon, dozens of Showbox supporters had mobilized at city hall, waving signs (distributed by Sawant’s staff) that read “Save the Showbox” and “Music for People, not Profits for Onni Group” and testifying about the importance of preserving the historic venue, which first opened as a dance hall in 1939. Since then, it has served as a bingo hall, a party room, an adult “amusement arcade,” a storage facility, and a live music venue with a rich history.

Supporters’ comments focused on the Showbox’s value as a music venue, but the legislation Sawant proposed would have had implications far beyond the Showbox property, rendering brand-new buildings like the Thompson Hotel on First and Stewart as well as vacant parking lots, a 1985 condo tower, and the Deja Vu strip club “historic” by virtue of their inclusion in the historical district.

Buildings in the district, which was established in 1971 to protect small farmers, artisans, and retail businesses that were threatened by plans to bulldoze the Market, are subject to a long list of restrictions that regulate everything from which tenants are allowed to the color of first-floor interior walls to the wattage of exterior lighting and signage. (More on what the new strictures would have meant for the buildings on the east side of First Avenue here.)

Sawant said it was urgent to rush her proposal through in just one week, without the usual process that a large expansion of a historic district would ordinarily require, because Onni was scheduled to vest the project “in about three weeks’ time,” which would make it subject only to current land use laws, which allow it to build an apartment building on First Avenue.

“I’m convinced that there’s a reason to rush,” Sawant said Monday. “I don’t think we should be misleading community members into thinking they have the time” to “save the Showbox” in a more deliberate way, she added. Historic designation would give “breathing room to the community and prevent Onni’s luxury project from becoming a fait accompli.”

Things moved quickly from there. Sawant’s office sent out emails calling on her supporters to “pack city hall” before a Wednesday meeting of the city council’s finance and neighborhoods committee to “force the Council to listen to our movement’s demands.”

By Wednesday afternoon, when the committee met, city council members Teresa Mosqueda and Sally Bagshaw had countered with amendments to Sawant’s proposal that would reduce the size of the historical district expansion area to eliminate everything but only the Showbox property and reduce the amount of time the new controls would be in place from two years to ten months.

This amended legislation passed out of Bagshaw’s committee unanimously on Wednesday and headed to full council, where it could be heard on Monday.

On Wednesday, the timeline to pass the legislation was officially moved more than two months into the future, when Nathan Torgelson, director of the Seattle Department of Construction and Inspections, told council members that Onni will not submit its application for early design guidance, a necessary step in the approval process, until October 17, meaning the absolute earliest the project could vest is October 18.

That gives the council some breathing room to come up with some kind of agreement to preserve the Showbox as a music venue in a number of ways: 1) by permanently expanding the historic district to include the building, 2) by landmarking the building and arranging for a nonprofit to purchase and run it—possibly, as council member Lisa Herbold suggested, as part of the city’s existing historic theater district, or 3) by coming up with a compromise in which Onni agrees to reopen the Showbox in a new space on the ground floor of its new development, preserving any significant interior features of the current concert hall.

This proposed new expansion of the Pike Place Market Historic District to include the Showbox would give the Pike Place Market Historical Commission broad authority over both the physical building and its use, down to the choice of food and beverage vendors and any interior alterations or improvements. “If someone is selling bags in the market and they want to sell shoes instead, the commission reviews that,” Heather McAuliffe, the city’s coordinator for the historic district, told the council committee Wednesday.

Landmarking the building, in contrast, would preserve just the structure, without dictating how it could be used. Late on Wednesday, the Seattle Times reported that three historic preservation groups— Historic Seattle, Vanishing Seattle and Friends of Historic Belltown—had filed an application to landmark the venue, potentially circumventing a parallel application from Onni. The developer announced plans to seek landmark status for the building shortly after announcing plans to replace it with a 44-story apartment tower last month—a fairly routine practice for developers that want to expedite approval of their permits—but apparently had not yet filed its application with the city.

The third option—save the Showbox, demolish the building—would likely present the fewest legal issues for the city.

Landmarking the architecturally unremarkable two-story building where the Showbox is located or expanding the Pike Place Market Historical District to include the Showbox would amount to a selective downzone in a part of town where the city just adopted new zoning guidelines designed to encourage more housing construction. Barring Onni from building its apartment tower would also mean foregoing the approximately $5 million the developer would be required to contribute to affordable housing under those new guidelines.

That would likely lead to a protracted legal battle involving the property owner, Roger Forbes, who also owns Deja Vu, and Onni, who could argue that taking away the value represented by 44 stories of development potential amounts to a taking of private property. A compromise that would allow the Showbox to stay on First Avenue but does not restrict the owner’s ability to sell to Onni or Onni’s ability to build apartments could circumvent that potential legal dispute.

Building a new tower on top of the Showbox itself likely isn’t an option. The building, which is made of unreinforced masonry and covers basically the entire property on which it sits, would have to undergo a massive seismic upgrade to support a 44-story tower, if such an upgrade is even possible. Developer Kevin Daniels did a less significant seismic upgrade to preserve the now 111-year-old First United Methodist Church building on Fifth and Marion, which did not involve placing a building on top of the church, and that cost an estimated $40 million.

Of course, no historic district or landmark designation can force the Showbox to remain the Showbox. Forbes, the owner, could decide to sell the building. AEG Live, the subsidiary of Los Angeles-based Anschutz Entertainment Group that operates the Showbox, could decide not to renew its lease, which expires in 2021. Forbes could also decline to renew AEG’s lease.

Neither Forbes nor AEG responded to requests for comment.

If the building became an official part of the Market, the market historical commission could stipulate that it had to remain a music venue in perpetuity—and the building’s owners could fail to find a suitable tenant. There are many scenarios, in other words, in which the Showbox might close even after a successful effort to “save” it.

It was unclear after Wednesday’s vote whether the council would vote on the Showbox legislation on Monday, as Sawant originally proposed, or wait a few weeks to let discussions with Onni play out.

Council member Mike O’Brien, who initially supported Sawant’s proposal to move quickly because he believed the council only had three weeks to act, said he now believes “it would be prudent” to look at other models for saving the Showbox before going with the plan Sawant proposed. Council member Lorena Gonzalez, meanwhile, said that whatever happens, she plans to draft a resolution “that lays out in clearer form what we expect to occur over the next nine to 12 months.”

The Showbox isn’t “saved” just yet. But it might have just bought some time, and gained a few new routes to salvation.

City Approves More One-Time Spending on Homelessness as Budget Cuts Loom

This story originally appeared on Seattle magazine’s website.

The Seattle City Council’s repeal of a controversial business “head tax” last week didn’t just eliminate future spending on solutions to the city’s homelessness crisis—it also killed funding for several ongoing programs that are currently being funded with one-time revenues, casting the future of existing homeless programs in doubt at a time when Mayor Jenny Durkan is asking for significant budget cuts in every city department.

Meanwhile, city funding for new housing projects, for which housing agencies compete through an annual process called a Notice of Funding Availability (NOFA), is shrinking this year from more than $100 million to $40 million, enough to fund only a handful of proposals submitted by housing providers this year. (That $40 million could end up being slightly higher if more money comes in from developer payments into the city’s incentive zoning fund, and if a transit-oriented development planned for Northgate, which accounts for $10 million, does not move forward, making that money available for bids.)

Council members, advocates, and homeless people themselves have repeatedly identified a lack of affordable housing as a key bottleneck that keeps people from moving off the streets or out of the shelter system; in a recent survey of 898 people experiencing homelessness in King County, 98 percent said they would move into safe and affordable housing if it was available.

The head tax, a $275-per-employee tax on businesses with more than $20 million in gross revenues, would have provided about $47.5 million in annual revenue for the city to spend on housing and services for people experiencing homelessness.

Although proponents pitched the head tax as a funding source for new programs, much of the money would have backfilled spending on existing projects, including the mayor’s new “bridge housing” initiative, which the city council approved on Monday. Without the head tax, the mayor and council will have to come up with tens of millions of dollars in cuts (or borrow the money from the city’s dwindling reserves) to keep those programs going.

The bridge housing program, which will pay for about 500 new and existing shelter beds and “tiny houses,” will be funded this year with $7.2 million in one-time funds from the sale of a piece of city-owned property in South Lake Union.

Ben Noble, director of the City Budget Office told the council last Wednesday, the city will need to come up with about $9.5 million a year to maintain the bridge housing program in 2019.

In addition to the 500 shelter beds, Durkan and the council will have to come up with funding this year for about $8 million in programs that the council only funded through the end of 2018, on the belief that by the time they began budget deliberations this year, a head tax or some other progressive revenue source would be available to pay for those programs in future years. And they will have to do so at a time when Mayor Durkan has asked for budget cuts of 2 to 5 percent from every city department in response to tepid revenue projections.

“Unless things change radically, I wouldn’t expect a major infusion of revenue,” Noble told council members last week. Noble said that if the city wants to continue funding Durkan’s bridge housing plan and all the other services that are currently being paid for with one-time funding, “it will be because they are prioritized above other things, and at the moment, above existing city services.”

On Monday, council member Teresa Mosqueda—one of two council members who voted against repealing the head tax—said the upcoming budget crunch highlights the need for a permanent, progressive revenue source to pay for services on an ongoing basis, “so that we don’t have to think about the heartbreaking reality when the money runs out at the end of this year.”

As those deliberations are going on, the city will be inviting housing providers to compete for a drastically reduced pool of funding to build affordable housing this year. Last year, the city granted about $101 million in funding for affordable housing projects through its competitive bidding process; this year, providers have submitted about $280 million in requests for just $40 million in available funding. (About $30 million in additional funds are already earmarked for specific projects). King County, which does its own funding process, has made just $7 million available this year for transit-oriented affordable housing projects across the county—down from about $18 million in 2017.

Miriam Roskin, deputy director at the Seattle Office of Housing, says the amount of money available through the NOFA process fluctuates from year to year depending on how much the city is taking in from sources like developer affordable-housing fees, payments from developers for permanent street closures, and federal funding.

Regardless of the reason, the reduction in available funds comes at a time when there is more need for affordable housing in the city than ever, and when other funding sources to build that housing appear on the verge of drying up.

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‘Homelessness Is Not a Choice’: The State of the Crisis in Seattle and King County

This story originally appeared at Seattle magazine.

Three years after the city of Seattle declared a homelessness state of emergency, the number of people experiencing homelessness in the region continues to increase.

This year’s one-night count of people experiencing homelessness in King County, conducted by the county’s homelessness response agency All Home, found 12,112 people living outdoors, in vehicles, and in shelters—a 4 percent increase over 2017.

At a press conference Thursday, All Home interim director Kira Zysltra attributed the rise in homelessness, which was slightly slower this year than in previous counts, to a growing lack of affordable housing in King County. “Homelessness is not a choice,” she said. “We are the fastest-growing big city in the country. … The economy is booming and rents are rising, [which] leads to more and more people falling into homelessness.”

The January 2018 count also showed sharp increases in the number of people living unsheltered on sidewalks, in parks, in sanctioned encampments, and in vehicles, as well as an increase in the number of single and chronically homeless individuals.

That number, according to the report, is “to be considered a minimum estimate” and undoubtedly represents an “undercount” of the true number of people experiencing homelessness at any one time.

Of those, 6,320 were living unsheltered (4,488 of them in Seattle), a 15 percent increase over 2017 in King County and a 17 percent increase in Seattle.

Mark Ellerbrook, manager of regional housing and community development with the King County Department of Community and Human Services, said around 30,000 people were homeless in King County at some point in 2018.

The one-night count also included a representative survey of people experiencing homelessness in King County, conducted after and separately from the count. According to All Home, 98 percent of the people surveyed said that they would accept safe, affordable housing (as opposed to overnight shelter) if it was offered.
According to Ellerbrook, the county faces a housing shortage of about 90,000 units affordable to people making less than half the area median income, which for a two-person household, would be $40,100. This shortage, he adds, has only grown since 2011, as the booming economy has led to rising rents across the county.

“We see the declining availability of affordable housing as a root cause of homelessness,” Ellerbrook said.

In fact, the overwhelming majority (80 percent) of survey respondents said access to affordable housing and rental assistance would help them escape homelessness, and 70 percent said that immediately prior to becoming homeless, they had owned or rented a home or lived with friends or family members.

Some other highlights from this year’s report:

• The number of people living in vehicles increased 46 percent in this year’s count, from 2,314 in 2017 to 3,372 this year. A very small portion of this increase could be attributed to a slight (7 percent, or 223-person) decrease in the number of people living on the streets, in abandoned buildings, or in tents.

People living in vehicles were less likely to have access to services, less likely to have criminal records, and more likely to report that police had asked them to move along—71 percent reported being told to leave, compared to 49 percent of people experiencing homelessness in general. They also seem far more likely to have become homeless because of job loss and evictions.

According to the report, “Compared to all other survey respondents, vehicle residents reported notably higher rates of attributing their homelessness to the loss of a job, eviction, or the dissolution of a relationship.”

• Although more people moved into permanent housing than in previous years—according to Zylstra, “we are seeing people, through our programs, housed faster and faster at higher and higher rates.” And although the number of people in families experiencing homeless and homeless veterans declined (by 7 percent and 31 percent, respectively), other types of homelessness increased, often dramatically. The number of people experiencing chronic homelessness—defined as persistent, ongoing homelessness combined with a disabling medical condition—climbed 28 percent between 2017 and 2018, for example.

Although the report offers no specific explanation for the sharp increase in chronic homelessness, the specific challenges facing people who live on the street for long periods suggest that lack of access to behavioral health care is a major issue. According to the report, 63 percent of chronically homeless people reported behavioral health and substance abuse issues, respectively, and more than half (52 percent) said they were homeless because of those issues, compared to 32 percent of those surveyed overall.

Jim Vollendroff, head of the Behavioral Health and Recovery Division at King County Public Health, said that the “vast majority of those entering our mental health services system right now are entering the system at the equivalent of someone who has cancer entering the system at stage 4.” Discharging those folks from the acute mental health care system without housing in place just compounds the problem, he said, because “shelter or homelessness…is not an environment for people to maintain recovery.”

• As in every previous survey, the vast majority of people living on the streets in King County reported being from the region—a fact that has never dispelled the persistent myth that people flock to Seattle from all over the country for free services.

About 83 percent of survey respondents said they lived in King County immediately prior to losing their housing, and another 11 percent lived in another county in Washington State. That leaves just 6 percent who lived in another state when they became homeless; the primary states from which people reported moving are California, Oregon, and Texas.

• Several reporters asked whether it wasn’t true that most unsheltered people remain homeless simply because they “refuse services” and don’t want to come inside. The survey found that, in fact, people listed lack of access to services as one of the primary barriers to finding permanent housing.

This year, the number of people who reported that they were receiving any services at all tripled over last year, to 18 percent, and 69 percent of respondents said they had experienced problems when trying to access services. These problems included not qualifying for the services they wanted (23 percent), lack of transportation (23 percent), not knowing where to go (23 percent), and never hearing back after applying for services (18 percent). These numbers, combined with the finding that virtually every person surveyed said they would accept safe, affordable housing, suggests that the problem of persistent homelessness is far more complicated than people refusing to accept the shelter and services they’re offered.

 

Employee Hours Tax Passes Over Durkan, Amazon Objections, But Veto Looms

This story originally appeared at Seattle magazine.

With the city council poised to pass a proposed $500-per-employee “head tax” on Seattle’s 600 largest businesses, and Mayor Jenny Durkan equally prepared to veto the proposal in its current form, the question now is: What’s next?

With council members heading into a weekend of negotiations, it’s possible that both sides could emerge on Monday with a compromise solution that splits the difference between the tax that passed on Friday and the “compromise” version that Durkan and council president Bruce Harrell support, which would cut the council’s proposal in half. However, if the two sides fail to reach a compromise, the larger version of the head tax will almost certainly pass on Monday by a 5-4 majority, which is one vote shy of the 6-3 margin supporters need to override a mayoral veto.

In a statement Friday afternoon, Durkan made it clear that she would veto the tax in its current form, but said she still held out hope that the council “will pass a bill that I can sign.” However, Durkan’s ally Harrell, also made it clear on Friday that he would not support a compromise floated by council member Lisa Herbold to lower the tax to $350 per employee, indicating that he and Durkan may not be open to a proposal that merely closes the gap between what Durkan and the council majority want. It’s possible, in other words, that when Durkan says “a bill that I can sign,” she merely means a bill that cuts the tax to $250 per employee—the amount Amazon, which has threatened to stop construction on its Seattle headquarters if the tax passes in its original form, has said they are willing to accept. Amazon contributed $350,000 to a pro-Durkan PAC in last year’s mayoral election.

A quick backgrounder on the tax: Last year, at the end of its annual budget process, the council formed a task force to come up with a progressive tax to pay for housing and services for Seattle’s homeless population. After several months of meetings, and numerous compromises in response to objections from small and low-margin businesses, the task force came up with a plan that would generate about $75 million a year—a $500-per-employee annual tax on businesses with gross revenues above $20 million, a threshold that excludes companies with high gross revenues but tight margins, such as restaurants. The proposal also came with a spending plan that emphasized long-term affordable housing over short-term emergency shelter services, and a provision that would convert the head tax into a business payroll tax starting in 2021, with no sunset date.

On Thursday night, Mayor Durkan released her own “compromise” head-tax proposal, which would cut the recommended head tax in half, to $250 per employee, ditch the provision transitioning the head tax into a business payroll tax, and sunset the whole thing in five years unless the council voted proactively to renew it. On Friday, Harrell introduced a proposal identical to the Durkan plan, along with a spending plan that emphasizes shelter over permanent housing and would pay for just 250 new rental units over five years. The Durkan/Harrell plan also includes a four percent wage increase for social service workers (many of whom make just over $15 an hour) and funding for a second Navigation Team to remove tent encampments and refer their residents to services.

When a council vote is 5 to 4 and a veto hangs in the balance, talk inevitably turns to “swing votes”—that is, who can be swayed to join the council majority to make the bill veto-proof?

Right now, it appears unlikely that anyone in the council’s four-person minority will budge over the weekend to support the full $500 tax, or even Lisa Herbold’s proffered $350 compromise, but a lot can change in the course of two days. So perhaps there will be a compromise that convinces one of the council members who opposes the larger tax to join the council majority. (The opposite scenario—that one of the five members who voted for the original $500 tax will join the four-member minority that wants to cut it in half—seems highly unlikely, since all five council members have consistently supported the proposal that came out of the task force, and since they stand to gain more, politically speaking, by forcing Durkan into a veto fight than by switching sides and handing the mayor a bloodless victory.)

However: If, as seems more likely as of Friday afternoon, the vote remains 5-4, the question becomes what will happen in the 30 days after Durkan vetoes it.

Judging from council members’ past positions and their comments Friday, the most likely “swing vote” when the decision comes down to passing something or doing nothing appears to be council member Rob Johnson, who seemed more tentative in his position than either Debora Juarez (“If we tax jobs to build houses and the jobs leave because of the tax, then no houses get built”) or Sally Bagshaw, who said virtually nothing at Friday’s meeting but is typically not the first council member to make dramatic vote switches.

Last year, when the council was debating whether to include the head tax in the budget, Johnson argued that proponents needed to come up with a more detailed spending plan to justify such a substantial tax. They did exactly that—and Johnson voted instead for a hastily sketched-out proposal that some council members didn’t see for the first time until this morning. On Friday, the most enthusiastic comment Johnson managed to muster about Durkan’s proposal was that it “allows for us to continue that pay-as-you-go process that has been a hallmark of most of the affordable housing investments that we’ve made as a city.”  If tax proponents are looking for a swing vote to help them override Durkan’s veto (and there is precedent for this kind of vote-switching), Johnson may be their best bet.

The council will be in discussions all this weekend, and will meet again on Monday morning to discuss the proposal (and any compromises reached over the next two days). A final vote on the head tax is scheduled for 2:00 Monday in council chambers.

 

Why Fort Lawton Is a Tipping Point in Seattle’s Housing Debate

This piece originally appeared in Seattle magazine.

Photo Credit: Alex Crook

The Fort Lawton army reserve center—an old military outpost in Magnolia, established in 1900 to defend Seattle and North Puget Sound—isn’t much to look at these days. What was once a bustling, 703-acre military base, housing as many as 20,000 soldiers, has shrunk over the years to a mere 34 acres abutting 534-acre Discovery Park. Abandoned barracks, windswept parking lots and boarded-up windows make it obvious to the visitor who wanders inside its boundaries that this is a place frozen in time—frozen, specifically, in 2011, when the U.S. Army formally mothballed the facility.

But the battle over the future of Fort Lawton can be traced back to 2008, when a group of homeowners in Magnolia sued to prevent the city from building a 415-unit mixed-income housing development, including 85 units for homeless families, on the site. (The Army ceded management of the land to the city in 2005 in preparation for its closure, and offered the land to the city for free on the condition it is developed as affordable housing.) In 2010, a state appeals court ruled that the city would have to produce a full environmental impact statement (EIS) before moving forward with the housing proposal; that requirement, combined with the recession, has kept redevelopment plans on the shelf ever since.

Last year, shortly after an annual count of the city’s homeless population tallied a record 4,000 people sleeping on Seattle streets, the city revived the plan, issuing an EIS that laid out its preferred alternative to the earlier plan. It includes less housing, more open space and several acres of playfields on which a school could eventually be built. Public interest was revived, too: The plan, which includes 85 supportive housing units for formerly homeless seniors and veterans, 100 subsidized units for low- to moderate-income families and 52 Habitat for Humanity townhomes, has garnered more than 1,000 public comments.

Many of the comments strike a familiar tone, arguing that the new residents will drive down property values, overwhelm local streets and damage the historic single-family character of a close-knit neighborhood.

But something has shifted since 2008: More Magnolia residents—and former Magnolia residents who’ve been priced out of the neighborhood—are stepping up in support of the project. At a January public hearing at the Magnolia United Church of Christ, near Magnolia Village, dozens of speakers voiced support for the city’s proposal—a dramatic shift in tone since last summer, when the public comment at similar meetings was overwhelmingly negative. True, some of the speakers had found out about the hearing from the pro-housing Housing Development Consortium, but just as many speakers identified themselves as current or former Magnolia homeowners—the very demographic that torpedoed the project 10 years ago.

George Smith, who has owned his Magnolia home, less than a mile from Fort Lawton, for 26 years, was one of those who spoke up in January, and he says he’s seen a shift since 2008. “I think in the years since then, the homelessness and affordability crisis has gotten so much worse that you’d have to be living in a hole underground not to understand, at some level, that we’ve got a huge problem in Seattle,” Smith says. While he still has neighbors who oppose the plan, he also sees a new group of people who welcome the project. “I think that the folks that move into the Fort Lawton housing will be folks that are able to contribute to the community in positive ways,” Smith adds. “Hopefully, they’ll also be a little more diverse than the Magnolia demographic.”

Magnolia, generally speaking, is wealthier (average income in the Census tract immediately adjacent to Fort Lawton: $90,951), whiter (81.6 percent, compared to 69.5 percent citywide) and less likely to be in the workforce (67.5 percent, compared to 72.3 percent citywide) than the rest of Seattle.

But even in Magnolia, there is demographic diversity. Over on the eastern slope of the hill, near the Burlington Northern railroad tracks, the median household income goes down—to $69,865 by the Magnolia QFC, and $66,455 farther south by the Magnolia Bridge, where the city periodically removes homeless camps. “I call it ‘Forgotten Magnolia,’ because I don’t think the people who actually live in the houses up in Magnolia ever think about us,” says Lisa Barnes, a longtime Magnolia renter who lives in a small apartment in the area, along with her husband and daughter.

Barnes, who works at a small social service agency, says that early on, she was surprised to discover so many of her neighbors opposed the city’s plan. But by January, when she showed up at the Magnolia United Church of Christ expecting to be one of just a few speakers in favor of the plan, the mood had shifted. “I kind of give it up to the city,” Barnes says now. “I think they have been responsive [with the new plan] to what people have said they want.”

Among other changes, the plan now sets aside 6 acres for active recreational space—think sports fields, not virgin forest—that could be purchased by the Seattle school district for a new school or environmental learning center. Local schools are crowded, and the neighborhood is getting younger; Smith, the longtime homeowner, says many of his elderly neighbors have sold their houses to young families, and nearby Lawton Elementary is already over capacity, according to the city’s EIS. (Magnolia Elementary School and Lincoln High School, both reopening next year, are expected to lighten some of the burden on existing schools.)

That’s important to Valerie Cooper, the legislative representative for the Lawton Elementary PTA and a member of the Fort Lawton School Coalition, a group that originally organized to advocate for a middle or high school on the Fort Lawton property. “I’m not opposed to housing, by any means, but I want to make sure that if it moves forward, we have the infrastructure that goes with it.” She notes, “My son [now in third grade] had had 29 kids in his kindergarten class when he started, and that was out of control. It has continued to grow since then.”

Another change since 2008 is the addition of acres of parkland; the 2008 proposal included just one neighborhood park of less than an acre and a 1-acre greenway. The new plan calls for 13 acres of new passive park space, along with up to 4.7 acres of forest from existing Army land. But for activists who want the entire Fort Lawton area turned into an extension of Discovery Park, that isn’t enough. They support an alternative plan that would sacrifice the housing and active recreational space for 4 additional acres of undeveloped park space. They say that plan would create avenues for migrating wildlife to travel through Kiwanis Ravine, a few blocks east of Discovery Park, and into a part of Magnolia that has long been fenced off and inaccessible.

“I don’t want to be flippant or dismissive of the housing or the school option or any other option,” says Philip Vogelzang, president of Friends of Discovery Park, “but really, there is no other land near Discovery Park that can be added to the park, and there’s lots of options for housing.”

Barnes, the East Magnolia renter, takes the opposite perspective: Given that the land for housing at Fort Lawton would be free, why not use it for housing and add new parks elsewhere? “What would be better is putting more small green spaces throughout the city, not concentrating them in these giant parks that people have to drive to,” she says. For that matter, Smith adds, why not build even more housing at Fort Lawton and give more people the chance to enjoy a huge park right in their backyard? “My only regret,” Smith says, “is I think this was a very timid proposal—using so little of the property in an inefficient way, with single-family homes [townhomes] rather than apartment-style flats.… I wish they had been more ambitious.”

Dan Cantrell, a Phinney Ridge homeowner who grew up in Magnolia in the 1960s, agrees. “Even if there were a dozen developments like what’s being proposed at Fort Lawton, I don’t think it would change the character of the neighborhood,” Cantrell says. “I believe that the people who are opposing [the city’s plan] are in the minority, and I believe that, across the city, there’s a clear majority that understands and agrees that we need to build more housing.”

Unsurprisingly, there are still voices of dissent. At the meeting in January, Aden Nardone, a representative of the homelessness and drug policy advocacy group Speak Out Seattle, said that building housing in such an “isolated area” was like “putting people in internment camps.” Social media sites like Facebook and Nextdoor Magnolia bristled with predictions that the plan would bring crime, drugs and overcrowding to Magnolia. Elisabeth James, one of Speak Out Seattle’s founders, provided Seattle magazine with written comments stating that the group largely supports the housing option, but the plan “fails to provide a holistic plan for the existing neighborhood or the anticipated new residents,” such as additional service on Metro’s Route 33, which serves Fort Lawton.

Elizabeth Campbell, the Magnolia activist whose lawsuit back in 2008 forced the city to do a full EIS, told the Magnolia Voice blog that the “way to tackle the city” was to take “a legal approach,” presumably by challenging the final EIS—a common tactic for slowing or stopping development in Seattle. (Campbell did not respond to requests for comment.) The city, according to Fort Lawton redevelopment project manager Lindsay Masters, has taken that possibility into account by securing a five-year lease from the Army. Will that be long enough to wrap up any future litigation? Masters hesitates, then laughs. “It better be.”

Seattle Considers Free Wi-Fi Downtown, But at What Cost to Privacy?

Photo: Intersection

This story originally appeared at Seattle magazine

A Google-affiliated company called Intersection is in talks with the city of Seattle to provide free Wi-Fi service, phone charging ports, and real-time information about city services at bus stops throughout downtown Seattle — but there’s a catch.

According to New York-based Intersection, which has an office in Seattle, the kiosks provide steady revenue to cities through ad-sharing agreements while remaining “completely free for cities, taxpayers, and users.” The concept has its fans (New York and London have signed up), but also its critics, who have raised concerns about privacy, data sharing, and visual clutter on city streets.

The deal, proponents say, would provide the city with badly needed funding for transportation projects, promote digital equity for Seattle residents without access to the Internet at home or through their cell-phone provider, and enhance Seattle’s reputation as a “Smart City” that uses data to provide services more efficiently. But at a time when companies like Facebook are facing questions over their use of members’ private information, privacy advocates are cautioning cities to pump the brakes on partnerships with big-data companies that promise something for nothing.

Representatives for Intersection and LinkNYC, a division of New York City’s information technology department,  did not return multiple calls and emails for comment before press time.  According to the company’s website, the kiosks offer advertisers a “real-time, localized platform—fed by data-driven APIs—to connect with their audiences with more relevance, in the context of their journeys throughout the city.”

When reached after the initial publication of this story, Intersection spokesman Dan Levitan said the company does not collect browsing data or track users across the city. He did not deny that the technological capability for such data collection does exist, but stressed that the privacy policy for LinkNYC requires that this activity does not take place in any capacity. Intersection says that its privacy policy agreement in New York City protects users from data collection activity. Those agreements, however, are made on a city-to-city basis, and the issues now being raised by privacy advocates in Seattle draw comparisons to those raised by the New York Civil Liberties Union last year.

“Intersection takes user privacy seriously and works closely with our city partners to craft strong privacy policies for all our Link deployments. We do not track or record the browsing activity of our users,” Levitan said. “Advertising on Link displays is never targeted at any individual, and there is no advertising inserted on mobile devices that connect to Link Wi-Fi. Cameras are only used for monitoring and maintenance of the structures and cannot be used for advertising or any other purpose. Footage is only accessible by law enforcement with a court order or lawful request. We are proud of the LinkNYC program, our partnership with the City of New York, and the of the service we provide to over 3.7 million users.”

City council member Mike O’Brien says that when former mayor Ed Murray broached the kiosk proposal last year, the pitch was that the ad revenues could help pay for the downtown streetcar. Although the streetcar project has been put on hold because of cost overruns, the city is facing another imminent transportation funding challenge: Federal funding for the 2015 Move Seattle levy, which funds transportation projects across the city is falling short of expectations, which could lead the city to look for new revenues to offset some of the shortfall.

Mayor Jenny Durkan’s office declined to comment on the record about the Link Seattle plan, but is reportedly reviewing the latest version of Intersection’s privacy policy and could announce something publicly in the next few months. Mafara Hobson, communications director for the Seattle Department of Transportation, says SDOT “is conducting an initial research and feasibility study” on the plan, but adds that “the work remains a preliminary concept that would require executive approval and significant legislative review and requirements.” (SDOT is the lead agency on the proposal because the kiosks would be located in city rights-of-

O’Brien says he’s “skeptical” of Intersection’s proposal, both because it would require changing the city’s sign code to allows ads on city sidewalks—itself a major political lift—and because of a “growing concern about how companies are capturing our data and using it” without our knowledge. “When you’re realizing the stupid test you took on Facebook now is in the hands of some international conglomerate that’s trying to influence elections,” O’Brien says, it makes sense for cities to “be very careful” about authorizing companies to collect their residents’ private information.

Specifically, privacy advocates in other cities have raised alarms about how Intersection uses the data it collects. Although Intersection has said that it collects only “anonymous, aggregated” information about its users, digital privacy advocates say that “anonymous” information can be analyzed not only to extrapolate what type of ads a kiosk should display based on a user’s search history, but to identify and track specific people based on their “digital fingerprints”—a troubling capability in the hands of overzealous law enforcement, or immigration officials seeking to track down undocumented immigrants, or an employer who wants to know how many hours a perspective hire puts in at her current job.

“We hold government to a higher standard than businesses—they’re not supposed to be profiting at the expense of the people,” says David Robinson, a member of the Seattle Privacy Coalition who is skeptical of Intersection’s privacy claims. “If the data is being stored somewhere, then eventually someone will abuse it, no matter what the policy is. If you really don’t want people’s data to be misused, then you shouldn’t be be collecting it.”

Shankar Narayan, policy director for the ACLU of Washington, says “it sounds very much as though the price of free Wi-Fi is going to be Seattleites becoming the product—their movements, possibly the information on their cell phones, being downloaded and monetized by a company.”

Although proponents at the city argue that free Wi-Fi levels the playing field between people who have smartphones with unlimited data plans and those who don’t, Narayan says that’s a Faustian bargain. “Basically, we’re saying people who have the means to have an unlimited mobile plan don’t have to sacrifice their privacy to get Wi-Fi.”

Additionally, data collection opens up the possibility of data breaches, like the one at Facebook that allowed Cambridge Analytica to gather personal information on tens of millions of Facebook users.

Devin Glaser, the policy and political director of Upgrade Seattle, a group that advocates for municipally funded broadband service, says free Wi-Fi at bus stops does almost nothing to address the lack of digital equity in Seattle. “If you picture a 12-year-old child needing an internet connection to finish their homework, the fact that they can have access while at the bus stop doesn’t really cut it,” Glaser says. “We need to ensure that all of Seattle’s residents have a robust home connection, not an ad-driven boost to our Words with Friends games while we’re waiting for the 7.”

In New York City, where a consortium of companies, including Intersection, signed a 12-year contract with the city to install more than 1,000 kiosks under the brand name LinkNYC in 2016, the program has been a source of controversy. Touch-screen tablets had to be removed from the kiosks because passersby were using them to watch pornography, and privacy advocates raised questions about the company’s retention of personal data, including browser history. A spokeswoman for LinkNYC says that the city’s privacy policy prohibits Intersection from tracking user data or search history or targeting advertising based on personal information in New York City, although they have the technological ability to do so.

Although citizen activists convinced the city to revise Intersection’s privacy policy, which now says the company will not collect people’s private information, there are still cameras in every kiosk, which have raised concerns about how the video might be used. Intersection says it deletes that video every seven days unless it’s needed “to investigate an incident,” and a spokeswoman for LinkNYC, which operates out of the New York City Department of Information Technology and Telecommunications, says the city’s revised privacy agreement with Intersection does not allow the company to use its cameras to target individuals for advertising based on characteristics like gender or race. The spokeswoman, Kate Blumm, says only 37 of the cameras are currently operating, although she said the others could be turned on in the future.

Privacy advocates say Seattle has done a better job than most major cities, including New York, of protecting its residents from public and private surveillance. Last year, the city council passed an ordinance that gives the council some oversight over city departments’ use of surveillance technologies—things like the controversial “wireless mesh” system that gave Seattle police the ability to track people using wireless devices throughout the city, or the Acyclica system, which tracks travelers’ progress through downtown using a series of devices that detect and identify people with Wi-Fi-enabled devices. (A full list of the 28 city-operated surveillance technologies identified last year is available on the city’s website.)

Seattle could consider beefing up its privacy ordinance to make it harder for companies to track and misuse user data. But that would require leaders to educate themselves on emerging privacy concerns proactively, the ACLU’s Narayan says. “Cities are not often sophisticated actors in this space—they don’t know when they’re getting a bad deal.” Narayan says that before cities sign deals with companies like Intersection, they should take the time to understand how the technology operates and put the appropriate safeguards in place.

“When automobiles first came in, there were no speed limits and no red lights, and people were getting run over and killed all the time,” Narayan says. “The automobile didn’t die because we invented red lights and air bags and better brakes and put bumpers on cars. The technology better and everyone got a better deal out of it.”

After Needle Incident at Ballard Library, Library System Will Install a Handful of Sharps Containers on a Pilot Basis

UPDATE: On Friday, the Seattle Public Library said it now plans to install sharps containers in all restrooms at the downtown, Ballard, University District, and Capitol Hill branches on a six-month pilot basis. In an email, library spokeswoman Andra Addison said the pilot is intended to help library staff “better understand the performance and durability of the containers we have selected, as well as any physical impacts to the restrooms.” The sharps containers will stay in the restrooms after the six-month pilot period ends, unless there is a compelling reason” to remove them.
“In addition to monitoring use of the containers, the Library will also be tracking whether or not the containers reduce the number of needles found inside or outside the libraries,” Addison said.

This story originally appeared on Seattle Magazine’s website.

 

In the wake of an incident in which a custodian was pricked with a hypodermic needle at the Ballard library last month, the Seattle Public Library system will install sharps containers on a pilot basis at several of its branches, potentially including Ballard. The custodian was taking out the trash in the women’s restroom when he was stuck with a needle tucked inside the package for a sanitary pad and was taken to the hospital, where he was released without incident.

Earlier this month, library spokeswoman Andra Addison said SPL had no plans to install sharps containers in any of its branches, despite the recent dramatic uptick in public use of injection drugs, including heroin and fentanyl. “We don’t allow illegal drug use in the library. It’s against our rules of conduct,” Addison said. Addison claimed the incident in Ballard was the first of its kind in the library system, and said “we don’t really have a need for” containers for drug users (and insulin-dependent diabetics, for that matter) to dispose of used needles.

Since that story ran, however, the library has told staffers that it now plans to install sharps containers on a pilot basis in collaboration with Seattle Public Utilities, which already has installed sharps containers at a handful of locations (including three park restrooms) around the city. Earlier this week, SPL chief librarian Marcellus Turner told a citizen inquiring about sharps containers that the library “recognize[s]we need to enhance our practices and are moving in that direction.

“We also are conducting additional research with other library systems and have contacted Seattle Public Utilities to understand how the Library might participate in or be served through its Sharps disposal project,” Turner added.

According to library spokeswoman Caroline Ullmann, the library is “moving forward with a project that pilots two approaches 1) a container placed outside of a branch on Library property and 2) a container placed inside a branch. We are doing this at several locations at one time with the goal being to find out if one type of device or treatment is preferable to another. We are in the process of determining the locations for the project and confirming a timeline,”

The King County Public Library system, which operates outside Seattle, has sharps containers branches in Burien, Renton, and Bellevue, locations where library staffers reported finding needles on bathroom floors and flushed down toilets.

According to library spokeswoman Caroline Ullmann, the library is “in the process of determining the locations for the project and confirming a timeline.” Asked whether the plan is to locate the inside sharps container in a restroom—and, if so, whether it will be in the men’s or women’s restroom—Ullmann responded, “I have not heard if we’ve decided precisely where in the branch to locate the container.”

The five library branches with the highest number of drug-related incidents are Capitol Hill, the University District, Ballard, Lake City, and South Park.

A Seattle Library Employee Was Stuck With a Needle. Should Branches Make Changes to Deal With the Opioid Epidemic?

This story originally appeared on Seattle Magazine’s website.

Late last month, a Seattle Public Library custodian was rushed to a hospital after being stuck with a needle while cleaning out a trash can in the women’s restroom at SPL’s Ballard branch.

The needle was tucked inside a sanitary napkin container, with the point facing out, according to Seattle Public Libraries spokeswoman Andra Addison. Addison says this is the first time she’s aware of that a library employee has been pricked by a needle at any of the branches.

The opioid epidemic has led to a dramatic, highly visible uptick in public drug use in the city, including on city-owned property such as parks and public libraries. But despite rising rates of opiate use and overdose deaths (219 of a record 332 drug-use deaths in King County in 2016 were opioid-related), the Seattle library system does not allow sharps containers—sealed medical-waste bins to discard used needles—in any of its public restrooms. Instead of offering public sharps containers, the library trains its staffers on how to dispose of needles when they come across them, and provides extra-thick gloves, blue “pinchers” (to pick up the needles), and small plastic containers for sharps disposal.

Addison says there’s a simple reason that the library doesn’t provide sharps containers for drug users: “We don’t allow illegal drug use in the library. It’s against our rules of conduct.” Providing sharps containers would be a tacit acknowledgement that people are using drugs at the library in violation of those rules.

Even if the library did provide sharps containers, Addison adds, “that doesn’t mean [people are] going to use it. People will still probably put needles in places where they don’t belong.” Another concern, Addison says, is that “people do break in [to sharps containers] to get needles. … If they pull them off [the wall], there will be a big mess.”

But other libraries, both across the country and right here in King County, have taken a different approach. The King County Public Library system has sharps containers branches in Burien, Renton, and Bellevue, locations where library staffers reported finding needles on bathroom floors and flushed down toilets.

The county system doesn’t allow people to use illegal drugs on their premises either, says Melissa Munn, the community conduct coordinator for King County libraries, but they also realize that “we don’t have any control over it. We can’t stop what’s coming in our door every day. We just can’t. And people use drugs—that’s just the fact—and people sometimes use drugs in our restrooms. That’s also a fact.”

As Munn sees it, providing safe places for people to dispose of their needles so that other people don’t get exposed to drugs or communicable diseases is a public-safety measure, not an endorsement of illegal drug use.

“People are going to use drugs, and they’re going to use drugs in lots of places. [King County Libraries] can’t solve the drug problem, but we can provide a place for them to dispose of their needles so that they’re not putting other people in harm’s way.”

As for drug users breaking in to sharps containers to steal used needles, Munn says, “we have never experienced damage to any of these containers.”

Since last year, a Seattle Public Utilities pilot program has made sharps containers available at a handful of locations (including three park restrooms) around the city. According to Julie Moore, a spokeswoman for the city’s department of Finance and Administrative Services, there are no sharps containers in other publicly accessible city buildings managed by FAS, including City Hall, the Seattle Municipal Tower, or fire or police stations.

Addison says the library’s administrative services division (which sets policies for library buildings, such as whether they will offer sharps containers), discussed providing sharps containers at one point, but determined that “we just really don’t have the need for it.” However, she adds, “the world is changing,” and “it’s not something we wouldn’t consider” if the need arose.

Advocates say Seattle is already far past that point. “We hear from librarians all the time, because [drug use] happens in libraries, so it is disappointing that there are not more proactive resources available,” says Patricia Sully, the coordinator for the drug policy group VOCAL-WA. Both Sully and a representative from REACH, a street outreach group that works with homeless people struggling with addiction, were surprised to learn that the library has a policy prohibiting sharps containers. “We’re not nearly as far along as we thought,” Sully says.

Electric Vehicle Owners Will Soon Be Able to Charge Curbside

This post originally appeared on Seattle Magazine’s website.

Earlier this month, Mayor Jenny Durkan officially opened a 156-station charging facility for the city’s fleet of electric vehicles— “the first of its kind for an American city and one of one of the largest indoor electric vehicle charging stations in the country,” according to the press release.

But the development that will have a more significant impact for ordinary drivers, the city hopes, is a program called Electric Vehicle Charging in the Right-of-Way—EVCROW, for short(ish).

Part of a larger plan to get 30 percent of the city’s car owners to switch to electric vehicles by 2030, the EVCROW pilot will set aside dozens of curbside parking spots throughout the city for use EV drivers in 2018, with the goal of expanding the program if the pilot is successful.

Durkan unveiled the first iteration of the program earlier this month—two charging stations operated by Seattle City Light, the first in a network that will eventually include 20 stations across the city—but EVCROW’s real potential may be in the private sector. At least two private companies are seeking city approval to install potentially dozens of charging stations, which resemble standard gas pumps, in city rights-of-way, alongside parking spots set aside exclusively for electric vehicles.

The German charging station company eluminocity is close to getting city approval for one charging station, with six to eight more sites in the permitting pipeline; Greenlots, a California company, is seeking approval for several dozen charging stations, although the number of stations they actually install will depend on future funding.

The on-street spots will be reserved exclusively for EV owners to use while charging their vehicles, a process that takes between roughly 30 minutes and four hours, depending on the type of charger. That will take some of Seattle’s on-street parking out of commission for people who drive gas-powered cars.

Chris Bast, climate and transportation policy advisor at the city’s Office of Sustainability and Environment, says the program will be restricted primarily to designated urban villages and urban centers—relatively dense, transit-rich areas along major arterial streets— to “help encourage electrification of high-mileage fleets,” such as car sharing and taxi companies.

The on-street spots will be reserved exclusively for EV owners to use while charging their vehicles, a process that takes between roughly 30 minutes and four hours, depending on the type of charger. That will take some of Seattle’s on-street parking out of commission for people who drive gas-powered cars.

Bast acknowledges that reserved parking for EV users could be perceived as a class issue—a new Nissan Leaf starts at about $30,000, out of range for low- and moderate-income drivers—but notes that the program is open to all EV cars, although Tesla, which has a proprietary charging system, could not install its chargers in the right-of-way under the new program.

In theory, as EVs become cheaper (and used EVs become more widely available), the stations could see more use from people without high incomes. Tesla, Bast notes, has put its own, proprietary charging stations mostly in small towns along major highways, and has yet to expand much into urban areas.

One thing Bast says the city won’t do in its quest to encourage EV use is allow private homeowners to install their own parking stations in the parking strips in front of their property, which is owned by the city. “You maintain it, but we don’t let you put a hot tub there. We can’t allow you that exclusive use, just like we can’t guarantee you the parking space in front of your house.”

Almost half the climate-changing carbon emissions in Seattle come from passenger vehicles—a higher percentage than most parts of the country, because Seattle City Light’s electricity comes from zero-emission hydropower.

“We need to reduce pollution in our transportation sector, and electrification across our whole system is the best way to do that,” Bast says. “Every gas vehicle we exchange for an electric vehicle is a 100 percent [emissions] reduction.”

That said, every car added to Seattle streets contributes to traffic congestion and sprawl, making public transportation (especially electric public transit) a greener option, overall, than driving.

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.”