Tag: Bob Ferguson

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.

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Conservative Activist’s Complaints Cause Some Democratic Groups to Call It Quits

A version of this story originally appeared on Seattle Magazine’s website.

Is conservative activist Glen Morgan, who has filed hundreds of complaints against Democrats and progressive organizations in the past few years, a good-government gadfly? Or is he a right-wing activist engaged in a partisan vendetta?

Morgan, a self-styled campaign finance reform advocate, insists he’s the former. But his choice of targets has raised questions about whether he’s more committed to reforming campaign finance laws or bringing down progressive candidates and causes.

Morgan, who heads up the conservative Citizens’ Alliance for Property Rights, has spent the last year and a half filing hundreds of complaints against Democratic candidates and organizations as well as progressive unions and nonprofits, alleging violations of the state’s campaign-finance disclosure law. The complaints range from consequential (failing to file reports of expenditures on behalf of candidates) to mundane (filing a report one day late). More than two dozen of those complaints have been against district Democratic organizations which work to elect Democrats in legislative districts across the state. Morgan has not targeted any Republican or conservative groups.

Morgan, who lives in Thurston County, acknowledges that he became interested in campaign-finance law after “the state Democrat Party”—a pejorative term many conservatives use for the Democratic Party—filed a complaint against him stemming from a series of robocalls against a local Democratic Party candidate for Thurston County Commissioner.

“I was inspired by them” to start filing complaints, Morgan says, but he insists that his only goal is to demonstrate that the current state laws governing campaign finance are “nitpicky” and “confusing” and need to be reformed.  “I wasn’t terribly interested in campaign finance law until I started to experience the joys and wonders of the law myself and I realized that the only way that you could get reform was to demonstrate the need for reform,” Morgan says.

Whatever Morgan’s true intent, his complaints have resulted in settlements, fines, an unprecedented case backlog at the Public Disclosure Commission (PDC), and the closure of at least four Democratic political committees, including two in Seattle. Last year, according to PDC spokeswoman Kim Bradford, the agency received 283 citizen action complaints. Of those, 246 were filed by Morgan. “We’re seeing this dramatic growth in complaints and cases, and we don’t have any additional compliance staff to handle them, so it is taking us longer to resolve cases,” Bradford says. The PDC can issue warnings, give guidance, or levy fines of up to $10,000 for violations.

Attorney General Bob Ferguson’s office has seen a similar barrage of “mirror” complaints called citizen actions from Morgan, several of which have led to lawsuits, either by Morgan or by Ferguson himself. According to Brionna Aho, a spokeswoman for Ferguson, the number of citizen actions filed at the AG’s office increased from eight in 2015 to 52 in 2016 and to 383 last year; Aho estimates that 70 percent of those were filed by Morgan (about 268 last year alone).

In Seattle the 11th District Democrats and the 43rd District Democrats have dissolved their political action committees, which make endorsements and contribute to Democratic candidates, as the result of Morgan’s complaints. (The complaints also charged the organizations’ volunteer officers with individual violations.) While several other Democratic groups including the 49th  District Democrats in Vancouver, have decided to disband their PACs in response to Morgan’s complaints, others, including Seattle’s 37th and 36th District Dems, have not.

Julie Anne Kempf, the chair of the 46th District Democrats, said she couldn’t discuss Morgan’s case against the group, “as we are in the active litigation phase.” Other district Democratic groups declined to comment.

According to a post on the 43rd District Democrats’ website, titled “FAQ on 43rd District Democrats PAC closure,” the group decided to shutter its PAC and send the contents of its treasury to the state Democratic Party because “[t]he executive board determined that continuing to operate a PAC was not in line with the current goals of the organization and that it was too much risk considering that our only PAC activity was printing a sample ballot.” The 43rd has not contributed funds to candidates in several years, according to the group’s website.

Dmitri Iglitzen, a partner at the firm that is defending many of the Democratic groups Morgan is accusing of violations, says the PDC’s “unbelievably buggy, ancient computer system,” combined with a complicated filing calendar and byzantine rules, makes mistakes by party treasurers (most of whom are volunteers with no professional accounting or campaign experience) inevitable. Before the Morgan era, he says, the PDC could work with organizations to get their books in order. Now, he says, all bets are off.

“It’s an immediate crisis, because these [party officers] are volunteers, and they are scared,” Iglitzin says. “They feel responsible. They don’t know what to do. They don’t have enough money to pay for lawyers.” The end result, he says, is not just that Democratic groups will stop financing Democratic candidates—it’s that ordinary people will stop getting involved in politics at the local level. “This ends one of two ways. One is, it drives volunteers out of the world of political committees.” The other, he says, is a legislative fix.

Legislators are aware of the problem. House Bill 2398, sponsored by 11th District state Rep. Zack Hudgins, a Democrat, would prohibit activists like Morgan from filing complaints with the attorney general for violations involving less than $25,000. It would also give the PDC an opportunity to weigh in before a case is escalated to the attorney general’s desk, and provide more opportunities for groups to fix accidental violations. At the same time, it would increase the amount the PDC can fine a candidate or committee to $50,000.

The bill has bipartisan support, although both Republicans and Democrats oppose the provision allowing increased fines. At a hearing on the bill last week, the chairs of the King County Democrats, Bailey Stober, and the King County Republicans, Lori Sotelo, testified together on the bill. In his testimony, Stober said the PDC had been “weaponized” against political parties. Sotelo added that the two party leaders had taken the “unprecedented action” of appearing together to demonstrate how important it was to reform the state public disclosure law, which was passed by citizen initiative in response to Watergate in 1972 and has not been substantively updated since the mid-1990s.

Morgan testified too, calling the bill an inadequate response to the problems with the public disclosure law. He appeared to agree with both parties on one point, at least: Simplifying the public disclosure law would make it “easier for people to comply, so that volunteers and people new to the political process wouldn’t be so intimidated when they want to participate.”