Seattle’s protests against police brutality, which began after the murder of George Floyd by Minneapolis police, continued into a sixth night on Wednesday as crowds moved throughout the day from City Hall in downtown Seattle to the Seattle Police Department’s East Precinct on Capitol Hill. And while it might seem as though little had changed since the night before, when police officers released tear gas and unloaded pepper spray, rubber bullets, and flash grenades on a crowd of hundreds of peaceful protesters, several things were materially different.
No, Mayor Jenny Durkan and Seattle’s police chief, Carmen Best, hadn’t budged on their commitment to a version of the protests in which a few “bad people” throw objects at police, forcing them to deploy chemical weapons indiscriminately against large crowds. If anything, the list of projectiles that the police claim have been deployed against them only grew throughout the day and now includes urine, feces, “cans of food” and a fire extinguisher.
No, the mayor and police chief have not backed down from their contention that asking officers to remove “mourning bands” that conceal their badge numbers is something that “can’t happen overnight. Asked about widespread calls to end the practice, Best responded, “we’re not going to do that right today,” but said SPD would come up with some way to make badge numbers visible in due time. During the meeting and throughout the day, Best herself wore a mourning band in the center of her badge, sending what could be seen as a message of solidarity to officers who continue to wear them during the protests.
When Durkan tried to refute complaints that she cried over broken windows downtown, but not about police violence in her own city, saying, “I cry for the generations that have been dispossessed…” longtime CPC member Rev. Harriet Walden cut her off.
And no, they wouldn’t commit to stop using tear gas and other chemical weapons against protesters or to try to focus their attention on the handful of people who are causing trouble. Although Durkan lifted the 9:00 curfew, which was supposed to be in effect every night until Saturday, by tweet at 7:05pm (so much for “don’t believe what you read on social media”), she and Best pointedly refused to commit the city to no longer using these weapons against protesters. At the CPC meeting Wednesday morning, Best said, “At the moment we don’t have another tactic to disperse large crowds when we have people throwing rocks and bottles. …I just don’t have an answer better than what we’ve got at our fingertips.”
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But there were some indications throughout the day that changes may be on their way, whether Durkan wants them or not. The first came at a morning meeting of the Community Police Commission, which was created to address unconstitutional policing in 2012, when Durkan was repeatedly cut off by commission members and staff when she attempted to use her time to speak in lofty terms about the ways in which the nation—not the city—had failed Black and brown Americans. When Durkan tried to refute complaints that she cried over broken windows downtown, but not about police violence in her own city, saying, “I cry for the generations that have been dispossessed…” longtime CPC member Rev. Harriet Walden cut her off.
“We are here because Mr. Floyd, bless his heart, has made it into heaven by being murdered,” but also to address what is happening in Seattle right now, Rev. Walden said. The protests against police brutality aren’t just about lofty American ideals or generations of institutional racism in America, Walden said; they are also about “how the officers escalated” their tactics against lawful, peaceful protesters, by responding to a few thrown bottles by tear-gassing entire residential neighborhoods and wrestling umbrellas away from demonstrators trying to protect themselves from pepper spray.
Roxana Garcia, a CPC staffer, said the commission has repeatedly pushed for reforms to the way police officers deal with civilians, but that those efforts have “been halted for the last three years by city leadership… So I encourage you all to start voting these folks out.” A few moments later, Garcia got specific. “If I can give you all a name, her name is Mayor Jenny Durkan.”
The second sign that something in the air had shifted came when Durkan agreed to come outside and address the crowd that had gathered to protest police brutality and present her and the chief with a list of demands. Durkan got off on the wrong foot with the crowd right away by drawing a parallel between her own Irish ancestors and that of enslaved Africans, saying, “I know, as mayor, that I have enormous privilege, and that my ancestors came here from Ireland to seek freedom, but that many black Americans’ ancestors came here in shackles.”After a brief speech about the need for systemic change at the national level, Durkan briefly responded to a question about mourning bands and went inside, followed by raucous boos.
Roxana Garcia, a CPC staffer, said the commission has repeatedly pushed for reforms to the way police officers deal with civilians, but that those efforts have “been halted for the last three years by city leadership… So I encourage you all to start voting these folks out.” A few moments later, Garcia got specific. “If I can give you all a name, her name is Mayor Jenny Durkan.”
Moments later, Oliver told the crowd that the mayor hadn’t addressed any of the group’s three demands—defunding police, reinvesting the money into communities, and the release of people arrested during the protests. “In fact, she told us about how her family immigrated to the US while black people came in chains!”
The third possible turning point came late in the afternoon, when city attorney Pete Holmes announced that the city would withdraw its motion to terminate a “sustainment plan” under the federal consent decree that the police department has been under since 2012, a step that would have begun a path toward lifting federal oversight. At the CPC meeting, Durkan insisted that the motion had nothing to do with lifting the consent decree—even accusing an attorney for the commission, David Perez, of lying when he Durkan was “trying to end the consent decree—but by this afternoon, her tone had changed.
In a press release after Holmes announced his decision, Durkan said, “I oppose being released from the Consent Decree at this time,” a position she said she had “discussed with” Holmes before releasing her statement. The city’s reversal, though somewhat technical, is a clear concession to police reform advocates who have disagreed with Durkan’s contention that “Seattle police officers have become a national leader in policing and de-escalation with a commitment to true and lasting reform,” as she put it when the city filed the motion to lift the sustainment plan last month.
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.”
As the lobbyist for the Washington State Labor Council, the campaign chairwoman for Raise Up Washington (which ran last year’s successful minimum-wage initiative), and legislative director for the Children’s Alliance, City Council Position 8 candidate Teresa Mosqueda has credentials in Olympia a mile long. Most of the causes she has championed involve historically marginalized or disempowered groups, particularly women and children; this year, for example, she worked behind the scenes to pass a paid family leave law that’s the most generous in the nation. Her work as a labor lobbyist, however, has led her opponent Jon Grant to criticize her as a pawn of “Big Labor,” a term that some on the socialist end of Seattle’s political spectrum consider synonymous with Big Business. Mosqueda has endorsements from every Seattle labor group and the support of a political action committee, Working Families for Teresa, that is backed by the grocery workers’ union (UFCW 21), the home health care workers’ union (SEIU 775), the Teamsters, and the AFL-CIO.
I sat down with Mosqueda at her office at WSLC headquarters on South Jackson Street.
The C Is for Crank [ECB]: If you win, the council will have a six-woman majority for the first time since the 1990s. Do you think a majority-female council will emphasize different issues or produce different policy results than the majority-male councils we’ve had for the vast majority of Seattle’s history?
Teresa Mosqueda [TM]: I hope so. I think part of the lived experience that I’m going to be bringing to this seat is one of creating greater economic stability for working families and women. Women are part of the workforce now. We do not have affordable child care. We do not have affordable family leave yet. Although Seattle has made some good strides to push the state in the right direction, [the new statewide family leave plan is] not going to start coming onto the books until 2019, 2020. And, frankly as women, we are often left out of conversations about what retirement security looks like. Because we have to step out of the workforce so many times [to do unpaid work as mothers and caregivers], because we tend to get tracked into lower-paying jobs, our retirement security also suffers when we don’t have people proactively thinking about how to create equity.
One of the things I want to do is help prevent folks from getting retaliated against for speaking about their pay on the job. Right now, there are zero protections. It says on the books that you have protection from retaliation, but the reality is, talking about your pay at work gets people fired, it gets them demoted, it gets their hours cut. So we need to make that a protection. Second, I’m also very interested in looking at the data in terms of [job] tracking. Let’s take an organization like Safeway, for example, or Whole Foods. If you look at who’s in floral versus who’s in meat-cutting, it’s women in floral and men in meat-cutting, and meat-cutting pays significantly more than floral. And you can see that people are tracked into certain jobs in various industries based on their gender, and I want to make sure that is something that we look at and do an analysis of and seeing how we can prevent that. And then, lastly, I do think that it’s important that we ask companies to display their pay, to give more folks transparency in the workplace.
ECB: You identified child care as an economic issue that falls largely on women. What’s your plan to provide child care for women and families?
TM: The principles are pretty simple. One: We’ve said that nobody should spend more than 9.5 percent of their income on health care. I want to apply that same principle to child care. Seattle, as you know, is the most expensive city in the country right now for a parent to have child care. Right now, it costs more to pay for child care for a year than it does to go to the University of Washington for a year. So there are a few things I would like to do. Number one is creating a sliding scale subsidy, especially for those on the bottom levels of the income spectrum. Number two is to really encourage or try to facilitate people going into the early learning profession, by working with our local colleges to make sure that we’re getting more folks into child care and early learning.
One way to do that is to actually pay them better. One idea I have is to actually subsidize or enhance the pay rate that child care providers receive in our city. I know everyone’s got their eyes on the [Families and Education] levy right now, but I do think there is a direct tie-in [between child care and education]. I also think we should work with the state on the square footage limits that we have on child care. Right now, an in-home child care provider has to have 35 square feet per child inside, and I think it’s 65 square feet per child outside. What home can you buy right now where, if you wanted to have a dozen kids and make it a sustaining business, that you could actually have that amount of square footage? I also think there’s a lot the city could do in terms of zoning and incentives for child care throughout the city.
“I’ve seen the Freedom Foundation use very similar tactics that I’m hearing, unfortunately, from some [on the left], saying that labor is not representative. I think it’s extremely dangerous for us to be using right-wing rhetoric when it comes to electing local progressive candidates.”
ECB: Your opponent keeps suggesting that you are a tool of “Big Labor,” while he’s the true progressive in the race. Should voters be concerned about the fact that labor groups are spending tens of thousands of dollars on independent expenditures to help get you elected?
TM: People in the labor movement elect their leaders. Those in the labor movement decide through a democratic process who to endorse. It’s workers who’ve endorsed me. Every labor union has endorsed me. The workers, faith communities, organizations from communities of color, environmentalists, health care advocates are behind me. So I say that it’s a false narrative. I’ve seen the Freedom Foundation [an anti-union advocacy group] use very similar tactics that I’m hearing, unfortunately, from some [on the left], saying that labor is not representative. I think it’s extremely dangerous for us to be using right-wing rhetoric when it comes to electing local progressive candidates. I think this is exactly what the right wing wants us to do—to fight against each other, fight over the scraps and to pull our community apart. I’ve seen that language be used in the halls of Olympia and across our country, where labor is being demonized, and I think now is the time for us to find the commonality between movements and find common interest in fighting the -isms, whether it’s sexism, classism, racism, and uniting against the forces that are trying to divide us.
I entered this race when I was 36. I’m now 37. I am a Latina woman who’s a renter in Seattle. I am a progressive advocate who has proven credentials that I brought to the table, fighting for health care for all kids, including undocumented kiddos, standing up for the rights of all workers, fighting for retirement security and affordable health care for kiddos—the issues that I brought to this race stand on their own.
ECB: Would you revisit any aspect of the city’s Housing Affordability and Livability Agenda, and can you address Grant’s proposal to require developers to make 25 percent of all new housing affordable to low-income people?
TM: I’ll start with the 25 percent affordability suggestion. I’ve looked into this in depth, and what we saw in San Francisco, which passed an initiative saying they wanted a 25 percent requirement for all new buildings, is that it basically brought development almost to a halt during one of the biggest economic booms in history. Now it’s back with their board of supervisors. They’re trying to make a decision about what is the right number across the city, and they’re looking at what we did in Seattle [where the mandatory housing affordability proposal calls for different density increases] zone by zone. I’m not interested in grinding us to a halt. I’m interested in actually creating the housing that we need right now.
“The two-thirds of our city that is zoned for single family use has got to be reevaluated. We cannot create the affordable housing that we need for the folks who are living here, working here, retiring here, and those who are coming here, if we do not go back and add cottages, duplexes, triplexes, and affordable units.”
If there was something that I was going to push for on city council, especially with a new mayor and a new city council, it would be to say, did we lowball it [on affordable housing requirements] before? Twenty-five percent has obviously proven too much of a requirement to actually incentivize building, but instead of looking at [a] 2 to 11 [percent affordability requirement], is there a range that would allow us to move forward in this economic boom and get the affordable housing that we need without driving us back to either the conference room table or into court?
What I’ve been talking about is looking at every developable parcel of land that the city, county, and state owns, and that Sound Transit owns, and turning that into affordable housing options across the income spectrum— working with community land trusts, working with nonprofit housing developers, creating cohousing, coops, and subsidized housing models.
And in addition to that, the two-thirds of our city that is zoned for single family use has got to be reevaluated. We cannot create the affordable housing that we need for the folks who are living here, working here, retiring here, and those who are coming here, if we do not go back and add cottages, duplexes, triplexes, and affordable units for folks who probably rent but would like to buy one day. We have to be creative. We have to think out outside of the box. I don’t know about you, but I think a lot of your readers are tired of people who run for office who make these grand promises and then don’t deliver. What I’m talking about is getting in to office and then delivering the affordable housing that we need across the income spectrum. So it’s not going to be a one-sentence bumper sticker solution, it’s going to be a multifaceted approach.
ECB: The city’s Pathways Home strategy for addressing homelessness is based on a report that explicitly decouples homelessness and housing affordability, and concludes that people may just have to move outside the city or county to avoid being homeless. Do you agree with that strategy, and would you change anything about the city’s current approach to homelessness?
TM: I see them as interconnected. We have a crisis in the city both in terms of the lack of affordable housing and in terms of the number of folks who are living unsheltered on our streets. So I think that we need to take a comprehensive approach and overhaul how we’re addressing the homelessness crisis. Number one, we have to stop the sweeps. It is retraumatizing people. It is not creating equitable solutions for folks who have already been failed by the system so many times. Getting moved from corner to corner is not a way to make sure they feel safe, and it is not a way to make sure they can access the services they need. We have to treat this as the health issue that it is.
“We are going to politicize the process and polarize the process, and it will not result in an actual [police] contract. The Freedom Foundation wants open collective bargaining because they know it will result in stagnation and finger pointing.”
I’ve been talking about building the shelters that we need, building the permanent supportive housing that they need, and getting folks inside navigation centers [low-barrier shelters]. We obviously have to work with the community so people know where they’re being placed and why they’re being placed there, but they have to be placed throughout the city so that they’re in places where people can actually access them. It does us no good to place a navigation center ten miles away from where somebody can actually walk to where the services are needed. But in addition to that, making sure that we have actual inpatient treatment services in Seattle is one big priority that I’d like to address with the county. We do not have inpatient substance abuse treatment in Seattle that is sufficient. Folks end up going to Harborview and they’re let go 12 hours later. What they can do at Harborview is stabilize people. They can’t give them the case management and the substance abuse counseling and the long-term care that they need to be able to actually get sober. They should not be acting as our primary care providers throughout our city.
ECB: You’ve said that, unlike your opponent, you don’t want to open the police union negotiations to the public. Why not, and what would you do to increase transparency in police contract negotiations?
TM: I have constantly said what we need in this city is to rebuild trust. We need to make sure that people are not fearful when they call the cops because they’re having a mental health crisis or because they are fearful that somebody broke into their home. And without a contract, I think a lot of people are concerned that we’re not going to get that trust. A contract can help us to that, but we’re not going to get a contract if you open up negotiations, like the Koch Foundation and the Freedom Foundation have called for. Because what that will inevitably create is folks sitting around a conference room table grandstanding. We are going to politicize the process and polarize the process, and it will not result in an actual contract. The Freedom Foundation wants open collective bargaining because they know it will result in stagnation and finger pointing.
What I would commit to is saying, here are the things that I would want to see as part of a collective bargaining process: Be transparent with the public about how we’re going to hold folks accountable, how we’re going to create trust, and then be honest about what actually happens post-negotiations. The other thing I’ve said is, in addition to what the [Community Police Commission] has called for, which is the inspector general being in the room, the Office of Police Accountability being in the room, and CPC being in the room, I want there to actually be a community member at the table.
ECB: Are you talking about this community member being an observer or an active partner in contract negotiations?
TM: An active partner. I would like to see somebody sit in for the duration of the negotiations and be an actual part of the negotiations. Obviously, there’s things that come with that we need to be confidential and we need to be very respectful of the negotiating process, but I think we could have one or two community members sitting at the table bargaining in good faith. I think it can help us get to a base of trust.
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Most Seattleites had probably never heard of Pat Murakami, a Mount Baker neighborhood activist and a candidate for the Seattle City Council seat held for the last two years by Lorena Gonzalez, until the Seattle Times endorsed her in July. But for those who pay attention debates over development and crime in the South End, Murakami’s name is familiar. As head of the Mount Baker Community Club and president of the South Seattle Crime Prevention Council, Murakami opposed efforts to locate Casa Latina, the day-labor center that serves primarily Spanish-speaking immigrant workers, to a site on Rainier Avenue; unsuccessfully fought El Centro De La Raza’s plans to provide services and affordable housing at the Beacon Hill light rail station; and led efforts to prevent transit-oriented development out of the Rainier Valley. In its endorsement, the Times editorial board wrote that Murakami would “broaden the council’s representation and strengthen the voice of residents who own homes as well as those who rent.”
The Times endorsement helped push Murakami through the primary with 19.71 percent of the vote, although it scarcely reduced Gonzalez’s landslide; she came out of this year’s primary with 64.17 percent of the vote, compared to 65.02 percent in 2015, when she faced a neighborhood activist opponent with similar political views, Bill Bradburd.
I sat down with Murakami, who runs an IT and computer repair firm, in her office in Georgetown.
The C Is for Crank [ECB]: I know you’re opposed to a lot of the policies the city council has adopted over the years, but what’s your specific critique of council member Gonzalez?
Pat Murakami [PM] Public safety is a big priority to me, obviously, and I don’t think she’s done enough in that role. I believe that body cameras should have been on officers a long time ago. I think we need Shot Spotter (an acoustic gunshot locator system) down here in South Seattle.
Another thing on public safety: I don’t think she’s doing anything to address major disasters like an earthquake in Seattle. I was in Alaska in 1964 [for the so-called Good Friday earthquake]. I remember that earthquake like it was yesterday, and I take disaster preparedness extremely seriously. Here, in my other office, at home, I have food, I have water, I have cookstoves and propane for heat or cooking, and I’m ready to sit in for two weeks. But we have the highest density of poverty of anywhere in the city [in South Seattle] and we don’t have the resources that the folks who don’t have the money to buy the dehydrated food would need, and we’re going to have a hot mess on our hands in South Seattle in particular.
ECB: Do you take issue with the police accountability legislation council member Gonzalez’s committee passed? What steps would you take to improve police accountability in Seattle?
PM: First, I would give credit where credit was due—the Community Police Commission wrote that legislation. Lorena likes to take credit for it. Well, passing good legislation shouldn’t give you a gold star as a city council member. And it should have been done a long time ago. We have a serious problem. I was there testifying that [former police chief] John Diaz should not have been our chief of police. She wasn’t there. She was in Seattle at the time. She could have spoken out.
Another issue—we have we only have 60 percent of the police officers we should have. I want a fully staffed police department so they can be out in the community and engaging with people and doing preventative work—going into the schools, serving as a mentor, playing late-night basketball with the kids, talking to people on the street, like, ‘Hey, how are you doing?’ Think of the dynamic of Jackson Street. Everyone knows gang members hang out on certain parts of Jackson Street. What if there was a foot patrol officer that just kind of walks up and down the street and is talking to those men? The whole dynamic could change and they could redirect them to other activities.
“I didn’t initially like the signs, ‘Black Lives Matter,’ because I was thinking that’s one more thing that’s divisive, because all lives matter. But I’ve changed my mind and I’ve decided that until black lives matter, no lives matter.”
I know Lorena is very opposed to bringing in former members of the military, and I disagree with that. There are military people and people that served in the military, and we just need to find the ones that served in the military but are not militaristic in their approach. They actually would be further along in the training [when they join the force] and we could get them into uniform a lot sooner. We are having some problems with recruiting. We need the officers. They’re our first responders, and if there’s an emergency, almost all of our police officers live outside Seattle. So if we have an earthquake and it’s supposed to be all hands on the deck, they might not be able to even get to us, depending on conditions of the roads. Then we’ll be in big trouble. So we actually need a larger contingent of officers on the street during each shift, in the event we have something where we’re cut off.
“There are military people and people that served in the military, and we just need to find the ones that served in the military but are not militaristic in their approach. They actually would be further along in the training [when they join the force] and we could get them into uniform a lot sooner.”
ECB: Is there anything in particular you would do to accelerate police reform?
PM: I’d like to see more citizen oversight. Let’s say an officer seemed aggressive or angry. I think minor things need to be reported and dealt with, that won’t necessarily go on their employment record, but that they should realize that they need to be more polite to whomever they’re dealing with—whether it’s somebody that just robbed somebody or they’re breaking up a fight or somebody calls them names, they still need to be polite to the person that they’re dealing with. I don’t care what kind of criminal it is. I think we need the citizen commission to do things like visit the precincts and have a conversation with the police.
I don’t think they have a single former officer on the Citizens [Police] Commission. I think we should have about two. There should not be enough of them that they can outvote the group. but have two that are former officers that have good records. so that they can explain to the folks what their perspective would have been as an officer and everyone that’s on the commission should go through the [Community] Police Academy. I think it gives you a sense of how stressful their jobs are.
I think we need we have serious problems in this country, but we also need police, and we need to have that conversation where somewhere in the middle is the right thing for our society. I think there is still too much division. I didn’t initially like the signs, ‘Black Lives Matter,’ because I was thinking that’s one more thing that’s divisive, because all lives matter. But I’ve changed my mind and I’ve decided that until black lives matter, no lives matter. So we really need some serious changes in society, and I’m willing to work on those things from a balanced perspective. I think Lorena just tends to be more anti-police, and I realize the sacrifices that good officers make.
I want junior officers, and apparently the union doesn’t want that. I want people in a white shirt that don’t carry a gun that could go to a burglary, where you know it’s safe, the burglar is long gone, and they could take the report photos and dust for prints, so then we’d have more officers [on the streets].
ECB: As an opponent of the mayor’s Housing Affordability and Livability plan, which your opponent supported, which parts of HALA would you like to revisit?
PM: I think the whole thing should be revisited. It was written by developers for developers, and we need community input. I don’t know why the city is so averse to actually listening to community members. They’ll make up all kinds of excuses, like, ‘Oh. the people in the room aren’t diverse enough, blah blah blah.’ I’m throughout this community. I have friends in subsidized housing. I have friends in a huge variety of ethnic backgrounds and races, and everybody wants the same four things. All we have to do is make decisions that help ensure that people eventually become property owners, if possible, so that they can build wealth; that their kids get to go to a good school; that they have a job that pays decent wages; and that they can live in a safe community. If we make decisions on that basis and never try just to dump stuff in one area and have one part of the community in one neighborhood bear all the burden of social problems, we’d have a better city.
My dream is: I went down to South Center, to the Olive Garden, and I looked around and was like, ‘This is like the who’s who of the United Nations. There are people from all over the world there, of all different races, and it’s not the cheapest restaurant. This is, to me, diversity. Everybody’s financially comfortable. In Seattle, the diversity is, people of color tend to be impoverished. You go over to Bellevue and you’ll see middle-class racial diversity. That is my vision.
I’d like to think about the entire community when development is done and not just the best interest of the developers. I want neighbors to have a say in where the density goes, and I want the density to fit into the neighborhood. Let’s take Eastlake, for example. You’ve got houses going up a hillside that all have views, and they’re talking about raising the height limits on everything. Why not just put all the density up against the freeway, not affect the views, and just go much higher than you were planning to along the freeway? Then they get a view and everybody down the hill maintains theirs.
“My dream is: I went down to South Center, to the Olive Garden, and I looked around and was like, ‘This is like the who’s who of the United Nations. There are people from all over the world there, of all different races, and it’s not the cheapest restaurant. This is, to me, diversity. Everybody’s financially comfortable.”
If we have people driving around and around looking for a parking spot, that’s not helping the environment. We have to have enough parking to accommodate those people. If we want our streets to be parking lots like they are in New York City, then just go ahead and develop anywhere without off-street parking. We can have the economy go to a grinding halt and force everybody out of their vehicles, but we have to face reality. We’re getting the cart before the horse too often.
ECB: What do you mean by a workable transit system?
PM: I’d like to see more connector buses. They actually cut bus lines after light rail went in, and made it more difficult for people, and I know people in my neighborhood [Mount Baker, which has a light rail station] that drove all the way to Tukwila to park for free to ride light rail into downtown. Now, how does that make environmental sense at all? They should have built parking lots near the light rail stations. There’s no parking along ML King [Jr. Way], and I know what the crimes are. Most people are mugged within 300 feet of light rail or a major bus stop, and that’s been true for years and years. I personally would not ride light rail without five other people after dark ever, okay?
ECB: Why not?
PM: People have bene mugged right after they get off, especially a woman by herself at night. I stopped wearing my necklace that my husband gave me because necklaces are literally just snatched right off your neck. You don’t take out your electronics when you’re on the light rail. The police know. They tell us there’s somebody that sits on there, they case it, they get on the phone and say, ‘Hey, I’m following this person’ and the car comes up behind. Once they’re at the stop, the guy will try to take something from the person that’s walking, and if they don’t give it freely, then the other people will get out of the car and forcefully take it, and then they hop into the car and zoom off.
I think we need to think outside the box. Maybe we need to take advantage of our topography and have aerial trams going from hilltop to hilltop. They would be a lot less expensive to put in, less intrusive, and you maybe lease space from an existing building owner and have the stop on top of their building.
ECB: What do you think of Mike O’Brien’s proposal to create more places for people living in their cars to park without getting towed away for unpaid tickets?
PM: I don’t think it’s a good idea. Not all, but some—enough—people in RVs are actually dangerous and have assaulted parking enforcement, so they’re not necessarily people that should be indefinitely in neighborhoods. That’s one issue. The biggest issue is, I don’t support anything that is going to encourage the creation of a permanent underclass. Accepting that people live in RVs and tents is wrong.
We are now getting a rat infestation problem where a lot of RVs are located. I was at a meeting in South Park and seniors were complaining that they live in a facility called Arrowhead [Gardens, run by the Seattle Housing Authority], and they couldn’t open up their windows because the stench of human feces that’s out on the street is enough to knock them over. It’s not just a public safety issue, it’s a public health issue.
“Just like with sex offenders, it’s better that everybody knows where [people with criminal records] are, versus, they could be anywhere and you don’t know who you’re getting as a potential tenant. If they’re in one place and they’re kind of being monitored, you can see if they’re going back to their old habits.”
ECB: But would you agree that the larger problem is that we don’t have adequate affordable housing, and won’t for a long time?
PM: I’ve heard that churches have been willing to host them, and we need to let them do that. [Ed: A pilot program called Road to Housing, in which churches offered spaces in their lots to people living in vehicles, only provided spaces for 12 cars.] I can’t believe the expense of what it was for the sanctioned RV sites [which the city has since abandoned]. They said it was about $1,700 a month per RV. At that amount give them a friggin’ housing voucher! And maybe they’ll be renting in Renton or Kent or Auburn but at least they’d be in decent housing. We also have surplus city property that we could be looking at. Let’s build single-occupancy boarding houses, like we used to have, and when the crisis is over with, those could be converted to youth hostels for tourists.
ECB: What do you think of the fair-chance housing legislation that just passed, which prohibits landlords from asking about a prospective tenant’s criminal history?
PM: I have mixed feelings about it. I really think that our low-income housing providers, like SHA, should take all of these folks as tenants initially, let them establish themselves back into the community, show a good year or two of credit history, that they’ve paid their rent on time, etc., and then have them go out into the general public.
ECB: It seems like that would create a weird situation for SHA residents—if you think these folks are too dangerous to be allowed to rent on the private market, why do you think low-income people should be forced to live next to them?
PM: They could have one building that’s for transitional housing and have it separated somewhat. Just like with sex offenders, it’s better that everybody knows where [people with criminal records] are, versus, they could be anywhere and you don’t know who you’re getting as a potential tenant. If they’re in one place and they’re kind of being monitored, you can see if they’re going back to their old habits. I think in some ways, there should be an exchange program so that people are sent to a new community where they’re connected with services and they get a fresh start. When they’re forced to go back to the county where they committed the offense, sometimes the easiest thing to do is go back and hang with the same people you did before, that got you into trouble in the first place.
ECB: What do you think of expanding programs like LEAD [Law Enforcement Assisted Diversion] and the therapeutic courts?
PM: I think that’s a good idea. I’d like to see more community courts and restorative justice. I think the city should fund social workers in every single school. And kids whose parents are engaged tend to be more successful in school, so we need to develop programs that help parents be successful. In the South End, for example, I think we need more acculturation classes. We’ve brought in lots of people from East Africa. Many of them are single women who lost their spouse to conflict in their home country, and they’ve not been given enough information about how things work in America. We need to empower them to stand up—like if their oldest kid is a male, they sometimes give away way too much power to the child. They still need to be a parent. We need to teach them, ‘Okay, in this country, you can’t hit your kids but you still can control them, and this is how you do it.’ There’s just so much more we could do to ensure success. Their chances of success are diminished when we’re not properly supporting them. We are really letting people fall through the cracks.
If you enjoy the work I do here at The C Is for Crank, including this series of interviews with the candidates for mayor, city attorney, and (later this summer) city council and Port, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.
City attorney Pete Holmes was first elected in 2009 as a reformer. A bankruptcy attorney who advocated for marijuana legalization and was one of the original members of the Office of Professional Accountability Review Board (OPARB), the body that reviewed disciplinary decisions in police misconduct cases, he challenged then-incumbent Tom Carr from the left, assailing Carr for cracking down on minor crimes like pot possession and waging war against bars and clubs while letting DUI and domestic violence cases molder. Now, Holmes’ challenger, Scott Lindsay, is ripping some pages from the city attorney’s own playbook, accusing him of going soft on police accountability, ignoring the consequences of the opiate epidemic, and ignoring problems in homeless encampments. I sat down with Holmes to discuss his record, his path to reelection, and the case his opponent laid out against him at a Starbucks across the street from City Hall.
Erica C. Barnett [ECB]: Your opponent, Scott Lindsay, got in the race late, and only after his boss, Mayor Ed Murray, was accused of sexual abuse. Were you surprised that he decided to run against you, and how do you respond to his statement that you have little to show for your two terms in office?
Pete Holmes [PH]: [When I ran], I was at that point in my legal career that I finally felt that I just maybe had enough experience in the law to be the city’s lawyer. Back in ’09, when I ran, I had made partner at a major downtown firm; I knew my way in and out of court; I advised big and little clients businesses and individuals; and I really had a sense of what the law was about. All of that readied me for the challenges that lay ahead at the city of Seattle.
“I think Scott wants a job, and I would just urge him not to give up on that ambition, but learn what it’s like to be a lawyer first.”
A candidate for office told me recently that from their perspective, I was a candidate that ran for a specific office with a specific mission and that was absolutely right. It was no surprise to [then-city attorney] Tom [Carr] that I was going to run against him. I had spent the previous three or four years at that point debating with him, trying to get him to do the right thing on transparency and police accountability, trying to work with him, and finally realizing that, you know what, I can’t complain. I need to step up and say, ‘Here’s my vision, and it’s different from yours.’ We had big difference of opinion on police reform, drug policy, things like that, and it was only at that point in my career that I felt like, I know what the practice of law is all about, I feel secure in the knowledge that I’ve learned my craft, and maybe, just maybe, I could presume to be the city’s attorney.
I think Scott wants a job, and I would just urge him not to give up on that ambition, but learn what it’s like to be a lawyer first.
ECB: Lindsay received some surprising early endorsements from two members of the Community Police Commission who had been your allies, Lisa Daugaard and Harriett Walden, who both argued that you had hindered the group’s efforts to increase civilian oversight of the Seattle Police Department. Daugaard criticized you, specifically, for opposing the CPC’s request that it be allowed to refer complaints directly to the city’s Inspector General for investigation, and for your request to delay submitting police reform legislation to the council. Without getting too far in the weeds, what was your issue with the way that the CPC wanted to implement civilian oversight, and why did you seek to start the process over?
PH: The sheer size and scope of the CPC is, I think, the biggest concern. A budget that’s probably close to $2 million annually is something I’m not sure the city can afford. But the really fundamental question I have is, why we have allowed ourselves to forget the fundamental purpose of civilian oversight? It’s to hear what the community thinks about policing services as delivered where they live. I think Lisa would say her theory is that the CPC should be a commission of subject-matter experts—her, term not mine—and my counter to that is, I want all of my expertise, my academic and practical expertise, to be in my command staff and especially my chief of police and my professional overseers, like the [Office of Police Accountability, formerly the Office of Professional Accountability] director, who’s investigating individual misconduct cases, and the inspector general, who’s looking more broadly at policy.
“We’ve had all of these reform efforts that end up with a blue ribbon panel pontificating about the need to get community involvement and things are smoothed over for a little while. So the fact that we’re under federal oversight is our best opportunity and maybe our last opportunity.”
So what role does the CPC serve? It’s to say how well all this expertise is translating into the streets. Is the chief managing appropriately? Is the inspector general managing broad policy themes that need attention? Is the OPA director holding people accountable for the thoroughness of investigations? At the end of the day, we need to know how the guys who have a gun and a badge are interacting with our fellow residents here in the city, and if you’ve got a committee of subject matter experts that are studying established practices and doing all those kinds of things things that I hope the IG and the OPA director and the chief of police are doing, then who’s taking the time to listen to the community?
There’s one person that you ultimately hold accountable for holding your cops accountable, among many safeguards, and that’s your chief of police. So number one, if you have taken all of these policy areas away from the chief, then the chief will say, ‘You know what, I’m sorry that our department is not delivering services to, say, an African-American community the way you think they should, but you took all that power from me and you gave it to this commission of subject matter experts.’ And it’s already difficult enough under our current contracts for discipline to stick. All of the major discipline decisions, all the firings [Police Chief Kathleen O’Toole] has done, with very few exceptions, have been contested, and my office has to defend all those things. So what I worry about is not only would your existing chief finally say, ‘You know, look, I give up,’ but when you have to replace Chief O’Toole, who’s going to come to a city that is so heavily laden with politics and procedure? It’s like, ‘Can I run my department, please?’ It might scare away a good candidate.
ECB: Do you expect that the ongoing effort to comply with the federal consent decree that’s currently still in place at SPD will remain on track, given that Attorney General Sessions has suggested that he wants to pull back on police reform?
PH: What we have to remember is that we would not have made the progress we’ve made to date, including the CPC, but for the federal intervention. We’ve tried over the decades to do reform and have only gotten a little bit of window dressing, and then it goes away. The unions retain their power through a collective bargaining agreement and mayors routinely get worn out and say, ‘Oh, God, please just get it done so I can move on to the next thing,’ and we’ve all inherited decades of that. We’ve had all of these reform efforts that end up with a blue ribbon panel pontificating about the need to get community involvement and things are smoothed over for a little while. So the fact that we’re under federal oversight is our best opportunity and maybe our last opportunity.
Fortunately, we’ve got that so-called judge [federal judge James Robart, whom Trump called a “so-called judge” when he refused to enforce the original travel ban]. I really think Judge Robart is nothing but a no-nonsense judge and he is not going to say his order has been met fulfilled until he believes the order has been fulfilled. Jeff Sessions is not going to tell him when it’s been fulfilled, and for that matter, no one of us city officials is going to do that. I do think that at some point, I’d like to see the unions in front of Judge Robart bringing forth all their concerns so that we can really have comprehensive contract-based reform.
And by the way, it’s not about the size and scope of the CPC that I first broke with Lisa [Daugaard]. They lobbied hard to make me appeal Judge Robart’s decision [delaying the city’s police reform legislation in 2016] and make them a party to the lawsuit and at some point I just said no.
“At some point, the city has got to be able to negotiate its contracts. It’s got to be able to hire and fire officers. It’s got to be able to appoint chiefs. The [CPC’s] approach is going to actually confound the ultimate goal of having a well-disciplined, well-trained, and community-respected police force.”
If [the CPC is] telling the council that Judge Robart is stopping [them] from doing [their] work and that the city attorney is letting him get away with it, it’s really hard to go back to the council and explain that we would not be where we are but for Judge Robart and this consent decree. It’s the same pitch that I couldn’t get [former mayor] Mike McGinn to fully appreciate. I remember telling him, ‘Mike, no one’s going to blame you for the police department you inherited, and nobody’s going to forgive you if you let this opportunity go away. So you can either treat DOJ as an invading force or the wind in your sails for reform.’ And we never quite got on the same page, but it’s kind of the same theme that was playing this time around, with the CPC wanting to be permanent, full-throated advocates in front of the judge. At some point, the city has got to be able to negotiate its contracts. It’s got to be able to hire and fire officers. It’s got to be able to appoint chiefs. The [CPC’s] approach is going to actually confound the ultimate goal of having a well-disciplined, well-trained, and community-respected police force. That’s my concern, and you can’t explain that in a sound bite.
ECB: It seems to me that there’s a fair amount of bad blood between you and Lisa Daugaard.
PH: It’s not bad blood. I believe she sincerely believes in what she’s doing, but she cannot be chief of police and Inspector General and OPA director all in one fell swoop, and you can’t make the Community Police Commission into those bodies. I think fundamentally, who represents the community is really the question. Just because the Community Police Commission has ‘community’ in its name doesn’t mean they own the community.
“When you get to the point where you’ve exhausted a housing-first services approach and you’ve still got someone who says, ‘I like being here stealing bicycles or dealing drugs’ or whatever, then you’ve reached a point where you say that’s not an option. You’re going to be arrested and Pete’s going to prosecute you.”
ECB: Will you extend the Law Enforcement Assisted Diversion program [which gives low-level offenders the opportunity to avoid charges if they accept services and participate in a structured diversion program] to the rest of the city, and is there anything you would like to change or improve about the program?
PH: Intuitively, I am convinced that LEAD is a correct approach. A correct approach—not the correct approach. Because LEAD addresses one small element of the overall population that we need to address. The danger with elevating something like LEAD as the answer, the silver bullet, is that if you’re looking a 360 degree [range of offenders and solutions], LEAD represents only about ten degrees of that arc.
You remember in 2013, when I got that letter from SPD about 28 or so of the so-called hardcore offenders downtown, and they demanded I issue warrants for all of them? I said, ‘No, because you did none of the background work to tell me what their issue is. You can’t just tell me you issued three tickets to them and they didn’t respond. I want to know, are they homeless? Are they drug addicted? What have you done to address their issues?’ And if you’ve done all of that and they’re resisting, they’re just simply refusing our offer, then you’re right. Then we’ll intervene. But you’ve got to show that it’s a credible threat.
Same thing with homelessness. I’ll work with you nine ways to Sunday to figure out what are your obligations when dealing with the homeless encampments, but I’ve got to tell you that when you get to the point where you’ve exhausted a housing-first services approach and you’ve still got someone who says, ‘I like being here stealing bicycles or dealing drugs’ or whatever, then you’ve reached a point where you say that’s not an option. You’re going to be arrested and Pete’s going to prosecute you.
ECB: Since you brought it up, let’s talk about sweeps. How do you think the city’s new Navigation Team, which your opponent takes credit for setting up, is doing at getting people living in encampments into shelter, housing, and services?
PH: I think that the Navigation Team is learning that if they don’t have actual, real resources, they won’t succeed. I don’t mean the Taj Mahal. But the shelters don’t work for a variety of circumstances. We’ve got to meet people where they are. If we’re providing housing that addresses all those areas and it’s refused, then you have to act. You have to say, ‘You can’t stay here,’ and you’re going to make an arrest at some point.
It’s interesting how all our labels are conclusory. If it’s bad, it’s a sweep. If it’s good, it’s an encampment cleanup.
ECB: I would say ‘sweep’ is fairly accurate. I’m not calling it a ‘purge.’
PH: If you’re not, as a practical matter, addressing human needs, if you’re not dealing with their personal effects, then yeah, I guess it is a sweep. But if you are doing that and you’re simply doing a cleanup, that’s a positive sweep. That’s sweeping up the detritus, the non-valuable property left behind that’s just from living and the human condition.
“If you want to avoid the guy passed out on your store or doorstep, if you want to deal with that compassionately and effectively of course we’ve got to have this. And maybe it’s going to be next to [someone’s] home in Laurelhurst.”
ECB: Scott seems to blame you for ending some of the specialty courts that were once available as alternatives to the regular court system, like mental health court and community court. Why were those courts eliminated, what were they replaced with, and how do you think the current system is working?
PH: I think that the defense bar recognized that by opting into community court, they were basically agreeing to a much longer [period of] supervision and interference than if you just simply said, ‘No, I’ll take my chances at regular court.” The defense bar was advising clients not to accept the community court offer because there were too many conditions attached to it. So what the municipal court did was to say that instead of community court being the one place where you opt in [to alternatives to incarceration that include access to services], we want to make sure that all of those resources are available to all judges in all cases so that they can fashion remedies. In some ways, the municipal court may have expanded community court rather than disbanded it. So Scott doesn’t have the full story. It is in transition. I believe the defense bar would prefer to be working with us, because when we, both prosecutor and defender, see someone who is in the throes of an addiction and of course is making life miserable for everyone around him as well as himself, the last thing we want to do is just throw him in jail.
ECB: How will you support the creation of a supervised drug consumption site in Seattle, and how likely do you think it is that Seattle will accept it?
PH: We got to a state with marijuana where people are finally saying, ‘This actually works pretty well.’ Like the holdout cities that were saying, ‘No way are we gonna allow pot use in our city’—they’re starting to see that Seattle went from over 150 unlicensed, troublesome [medical marijuana] dispensaries to 50 well-lit, well-regulated legal dispensaries. And now they’re saying, ‘I want some of that in my town.’ It’s going to be the same thing with these medical sites We made the decision, wrongfully, to say, we’re going to put public health problems in the criminal justice system. So my role has been to try and slowly release those tentacles and get medical and health care professionals to get responsibility for it. When people say, ‘Where should they be?’ I say, I don’t know, but that’s why I want to hear form the medical professionals. And then I’ll help you with the land use issues and the criminal jurisdiction issues.
ECB: The answer to the question of where a safe consumption site will be located is purely political, though—it’s wherever people will accept it.
PH: I’d say that’s the cynical political answer. I think at some point, once we have helped switch this bad course that we went down of criminalizing public health problems, then I think we’re going to start seeing people get it. If you want to avoid the guy passed out on your store or doorstep, if you want to deal with that compassionately and effectively of course we’ve got to have this. And maybe it’s going to be next to [someone’s] home in Laurelhurst.
In some ways, opioid addiction might even be easier than marijuana legalization, because it cuts across all demographic groups. So what I think you’re discounting is that for every person who says, ‘I don’t want to step over them anymore,’ there’s also going to be a person whose brother is the person being stepped over. We showed a better approach [to marijuana use] than prohibition, and opioids is going to be a tougher one—it’s definitely going to need the medical community more involved—but I get so passionate about it, because you can just see how wrongheaded our traditional approach has been. And I could say, ‘Let’s do this’ and get reelected and start looking at the next office, or I can say, ‘How can I fundamentally change a bad policy?’ That’s not a small order. That’s a long haul.
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Scott Lindsay, Mayor Ed Murray’s onetime public safety advisor and a former senior counsel to US Rep. Elijah Cummings in Washington, D.C., was best known, until recently, as the guy the mayor sent to neighborhood and city council meetings to defend his encampment removal policies. Since he announced he would challenge incumbent city attorney Pete Holmes in April, however, Lindsay has won some surprising endorsements from erstwhile Holmes supporters like Harriet Walden and Lisa Daugaard, two members of the Community Police Commission and longtime advocates for police accountability and reform. The CPC soured on Holmes when he proposed delaying police reform legislation earlier this year, on the grounds that it created a CPC that was too large and sprawling to pass muster with the federal judge overseeing the consent decree between Seattle and the federal Department of Justice. Daugaard told me in April that she also felt Holmes had not done enough to advocate for defendants who “serve long sentences on cases with excessive probation, are held in lieu of bail because they are poor, and are made to give up their trial rights to get services.”
I sat down with Lindsay at Zeitgeist Coffee in Pioneer Square last month.
The C Is for Crank [ECB]: As a political unknown running for a fairly obscure office in a mayoral-election year, you’re going to have to make a compelling case against the incumbent. So, lay out the argument against Pete.
Scott Lindsay (SL): The best thing going for Pete Holmes is that he’s kept such a low profile for that office. But when you actually dig under the surface, there’s deep dysfunction in our criminal justice system. The King County Jail is filled with misdemeanor defendants whose underlying issue is homelessness and addiction. Words that have never come out of Pete Holmes’ mouth are in any way talking about heroin or the effects of substance use disorders on the defendant population in the criminal justice system, or actual ways that he could provide leadership to fundamentally start to change the way that we engage with that population. How do we actually change outcomes instead of just going through these cycles of arrest and release? Because the outcomes that we’re getting now have been terrible for defendants stuck in the cycle, and terrible for neighborhoods, and terrible for those who are actually stuck with the consequences of the failures of our criminal justice system.
“Words that have never come out of Pete Holmes’ mouth are in any way talking about heroin or the effects of substance use disorders on the defendant population.”
Let me give you a couple specific examples. So while these were imperfect, at least we used to have specialty courts—mental health court, drug court, which is at Superior Court, and community court. Now, those started with imperfect designs, but rather than provide any leadership about how to really fix them, those courts, in effect, have died on the vine. Referrals into mental health court are way down, and it’s vastly underutilized and may shut down because of underutilization, and community court has been shut down, and Pete Holmes has done nothing to replace it. So now everybody’s just going mainstream. Where are the innovations? Where’s the vision? Where’s the leadership?
Pete has had eight years to lead on a lot of these things, and he’s no longer a leader on many criminal justice issues. He does not have a vision, and after eight years has not articulated a vision, for how we can use our criminal justice system to help address the real public safety issues and social issues and public health issues that we have in the city. We invest a lot of money in our criminal justice system and in the city attorney’s office, and they have more [contact with] people struggling with homelessness and substance use disorders, practically, than our human services department. Our criminal justice system is in effect, by default, one of the largest social service organizations that we have. We just don’t think of it in that way, and it’s not actually producing outcomes that anybody can be proud of.
“The Navigation Team was my idea, and I worked to get that created over the course of a year against a lot of institutional reluctance to do things in very different ways.”
ECB: Until you declared your candidacy with a platform focused on police oversight and accountability, I think it’s fair to say that you were viewed as one of the more conservative members of the mayor’s staff, especially by neighborhood activists who wanted the mayor to do more to clean up homeless camps.
SL: I think I have a reputation as a guy who actually listens, tries to figure out what’s going on, and then tries to come up with innovations and creative resolutions. But I am willing to take on the tough and controversial issues. I’ve been the leader within the [mayor’s] office on supervised consumption—not exactly a law and order topic. I was the leader on the heroin epidemic and asking how we can get more prevention, more user health care, more treatment options. I was the leader on, how do we get much better services to our homeless population and shift from a two-decade-old sweeps policy to a more compassionate approach?
But I also believe, absolutely, that we have some very real public safety challenges in this city, and it doesn’t help anyone to not talk about that in open ways. Up in the north end, we have a lot of public safety complaints about what’s going on in Mineral Springs Park—needles and drug dealing and tents and other issues—so it’s obviously a real struggle for the neighborhood. At the same time, we had a lot of real people suffering and living in conditions that were tragic for them. We have to have a discussion about how we resolve both of those things and tie them together, rather than talk about homelessness in ways that don’ t actually connect to a lot of what’s happening on the ground.
“It’s the responsibility of the city to step in and intervene and separate out the really bad actors who prey on the weak and vulnerable from people who are struggling with public health diseases.”
ECB: The city has organized a “Navigation Team” made up of cops, outreach workers, and service providers to offer services to people living in encampments before they remove them. The numbers the city released recently show that about 160 people entered an “alternative living arrangement,” which is a big jump from where we were before but a drop in the bucket relative to the total number who need help. What’s your assessment of those results?
SL: The Navigation Team was my idea, and I worked to get that created over the course of a year against a lot of institutional reluctance to do things in very different ways. The idea of taking police officers and having them have a really social service focus, I think, is radical. It took a lot of work to convince all the powers that be that that was the right way to go, and I will absolutely say that 160 people sleeping indoors is an incredible number in 11 weeks, as compared to the success that we historically have gotten out of plain outreach efforts. I would be very surprised if we got 150 people indoors in all of 2016, coming in from hardened, really unsafe situations.
ECB: But not all are indoors—in fact, about half of them were simply moved to other encampments.
SL: Of course, and absolutely, authorized encampments are only a temporary solution, but we have to find some better options. And if you look a little bit deeper at what’s going on at some of the unauthorized encampments, where they’re at a critical mass, you have real predatory behavior and people who are taking advantage of the homeless people, who are the most vulnerable in our city, and exploiting them in terrible ways. That’s exploiting teenage girls, it’s exploiting people with mental illnesses, it’s exploiting people with substance use disorders, and as a result, terrible things happen to those people. It’s the responsibility of the city to step in and intervene and separate out the really bad actors who prey on the weak and vulnerable from people who are struggling with public health diseases, and that’s very often mental illness and most often substance use disorders. As a city, we are absolutely getting crushed by the heroin epidemic, and it is tragic and terrible, and a lot of the folks who are falling into that trap are really young people. If you go and you talk to Youthcare [an organization that works to get homeless kids off the streets], six years ago, they say one in five of the people who came into Orion Center [a youth shelter and drop-in center] were IV drug users. Today, it’s four in five. That’s almost an entire generation that either will be lost, or we have to find ways to help them out of that and break that cycle.
“If you ask SPD about, say, property crime in the north end, they will say that it would be difficult to find one person among 300 [for whom] the underlying cause of their criminal behavior was not a heroin addiction. They would say easily 99 percent if not 100 percent.”
ECB: When the city decided to locate the new low-barrier Navigation Center shelter in the Chinatown International District, they got a lot of pushback from the community, who said they hadn’t been consulted on the decision, and ultimately, the opening was postponed. What did you think of how your boss at the time, Mayor Murray, handled the outreach for the Navigation Center?
SL: It very obviously did not go well. I wasn’t involved intimately in the siting decisions, but that did not go well. I think when you dig into that, I’ve spent more time working on issues within Chinatown and the International District than any other neighborhood in the city, and they have very real issues with street safety and low level crimes associated with people who are struggling with substance use disorders, and we have not, as a city, figured out how to provide them with support. Ultimately, the Navigation Center will be part of that, but we also have to be very clear and articulate what we’re doing to provide relief to that community, which is under a lot of strain. There are a lot of mom and pop business with very slim margins that are open early in the morning and late at night. and they feel under real duress from what’s happening in their neighborhood, and they’re very unhappy about it.
ECB: Do you think the Law Enforcement-Assisted Diversion program, which provides pre-booking diversion for low-level offenders in part of the center city, should be expanded citywide?
SL: LEAD is exactly the type of innovative program that is addressing people who are struggling with substance use disorder, and most often most of their clients are struggling with homelessness, and the idea is break them out of the criminal justice system, which is completely failing to address the root causes of their behavior, and try and have interventions that can actually break them out of the cycle. Let’s take that in contrast to the rest of our criminal justice system right now. The King County jail, today, is filled with misdemeanant defendants who who are struggling with substance use disorder, many of whom have mental illness, and most of whom are also homeless. We are doing nothing at the misdemeanor level to effectively intervene to break them out of the cycle. We know that incarceration alone as a strategy to change their behavior does not work. We know that not incarcerating them, not taking any action, does not change behavior. So we need to radically rethink what we’re doing to come up with new solutions to intervene, and LEAD is one fantastic example of that strategy, which is, get them at the front end. Get them out of the criminal justice system and intervene with significant behavioral health interventions.
ECB: As I recall, you’ve said before that we need to prosecute drug offenders more, and argued that we’ve effectively legalized heroin in Seattle. Can you speak to that?
SL: Just as a fact right now, the city makes very few drug arrests and our filing standards related to drug arrests are fairly low, so almost no one in the city is being prosecuted for simple possession of heroin or crack or anything else. And I’m okay with that. But if we are going to make that policy decision, then we also have to figure out what are the ways we address actually changing their behavior. When you look at crime maps of Seattle, there is an absolute correlation between where we have major hubs of drug activity—open-air drug markets—and where we have the most criminal activity, from car prowl to burglary to assaults to shootings. So we can say we’re not going to arrest somebody for possession of heroin, and I think that’s right, but at the same time we’re arresting them for property crimes where the underlying root cause of why they’re engaging in property crimes is because they have a heroin addiction. So we’re still interfacing with the same crowd through our criminal justice system, we’re just doing it through different mechanisms. And what hasn’t’ changed, and what’s very frustrating to me, is that our criminal justice systems at the misdemeanor level, but also at the felony level, have not really reoriented or adjusted to focus on public health solutions to these public safety challenges. That is, you have to address the substance use if you’re going to break the cycle of the behavior, and if you’re going to address the substance use, you have to address the homelessness.
Literally right now, just based on King County jail data for repeat offenders in the municipal system, we know that 60-plus percent of them are struggling with substance use disorders. And I swear that that is a significant underreporting, because there are a whole bunch of incentives not to admit to your substance use issues during intake into King County Jail. If you ask SPD about, say, property crime in the north end, they will say that it would be difficult to find one person among 300 [for whom] the underlying cause of their criminal behavior was not a heroin addiction. They would say easily 99 percent if not 100 percent.
ECB: So what’s your policy solution for those problems?
SL: The radical rethink here is to, in effect, focus intense resources through both diversion and/or using the criminal justice system to get people who are struggling with substance use disorders and homelessness the actual help and solutions they need. So how do we do that? One, citywide expansion of LEAD. Two is, we actually need to get defendants who are in the King County Jail the drug treatment that they need, and then when they’re exiting that system, they need to exit into something that is not just reentry back into the system. Right now, our system takes them in, holds them in for a few days, spits them out, waits for them not to show up back in court, and then issues a bench warrant for them. And that goes on and on and on until they have lots of outstanding bench warrants and are never getting the treatment that they need. We need buprenorphine induction available on demand to anybody who wants it in the King County Jail. And then next, we need to make sure that they’re not exiting straight back in to homelessness. And then a third part of the reform piece is simply bail reform. Our system right now is still a money-based bail system. That doesn’t make sense when most of our misdemeanor defendants—non-DUI, non-domestic violence misdemeanor —are impoverished and/or homeless and don’t have the resources to be able to work t through our bail system.
I’ve got a lot of respect for Pete Holmes’ history as an advocate for police reform going back to his days on the police review board in the mid-2000s. He was an early leader. And I also have a lot of respect for the approach he took in insisting on the consent decree as the model for achieving police reform here in Seattle. But Holmes disappeared for a long time from the kind of heart of the discussion, [including] police reform, the consent decree, and the larger civilian oversight and [Community Police Commission] discussion. And when he was absent from those, that’s when I was right in the middle of it as special assistant for police reform to the mayor, working sometimes until 1 in the morning with CPC leaders, with Lisa Daugaard, with the ACLU, with Harriett, with many others. We hammered out some really significant civil oversight legislative proposals and a detailed plan, and at that point, Holmes came back in and he decided that he wanted to redo that process, and they started over, and here we are a year and a half later and we’re basically at the same point where we were when I departed. And I departed from this issue because after negotiating in good faith for a year and a half with the CPC, I felt that the rug was being pulled out from beneath us. From my perspective, speaking separately from the mayor’s office, I thought it was particularly unfair for him to have been absent from much of the hard work of those discussions and then come back in and say, ‘Let’s start over and I am going to run a new process and that process is going to look like this.’ I thought that rhere were ways to get to the result that we’re at today faster, and frankly, I think if you go and ask the CPC members—Lisa and Harriett are only two, but I think there are plenty of others—there’s a lot of frustration with the way that Holmes has actually handled police reform over the last two years.
I’m reserving judgment on the sex abuse allegations against Mayor Ed Murray until all facts are out, because I don’t know a whole lot more than anybody else who’s reading the Times report and watching the statements that come out of the mayor’s office, but I will say this: the victim-blaming strategy Murray’s team has taken so far isn’t a good look. Moreover, it seems sure to backfire. A person’s criminal history (which was related to both addiction and homelessness) has no bearing on whether an accuser is telling the truth. Likewise, the amount of time that has elapsed between an alleged incident and when the alleged victim reports that incident to authorities has no bearing on its veracity, and suggesting a political motivation or saying “why did he wait so long to come forward?” is inexcusable (and, incidentally, also detracts from Murray’s defense). I would like to think that, in the post-Cosby era, we were beyond requiring accusers to be “perfect victims” and questioning their motives when they come forward, but if the statements made by Murray’s attorney Robert Sulkin in his defense yesterday are any indication, apparently we are not.
It’s unclear how Murray plans to proceed (so far, he has said through his attorney that he will vigorously defend himself against the charges) but if he continues to seek reelection, contributions are bound to dry up and candidates who had been holding back because of Murray’s apparent invincibility won’t hold back any more. If Murray resigns before the end of his term, the city charter mandates that the city council president take his place; currently, that’s Bruce Harrell, who ran for mayor (against Murray and incumbent Mike McGinn). If Harrell declined to serve as mayor, the council would elect a mayor to serve out Murray’s term from among its members.
2. James Toomey, a private security guard who worked for a company hired by Magnolia homeowners to protect their property last year, was already on probation when he pepper-sprayed Andrew Harris, a homeless man who had been sleeping in his car. Toomey was put on probation after being charged with assault for pepper-spraying two teenagers and slamming one of the teens’ head on the ground in Tacoma in 2014. In that case, as in the Harris case, Toomey justified his aggressive actions by saying the teens were “doing drugs.” In the Harris case, Toomey also claimed he was “in complete fear for my life” from the homeless Harris, who was attempting to record Toomey with his cell phone when the security guard hit him with pepper spray. “I was scared for my life. I have four kids and a wife,” Toomey said later by way of explanation.
Turns out that wasn’t the only time Toomey had claimed to be afraid for his life from an unarmed pepper-spraying victim. Earlier this month, Pierce County prosecuting attorney Pedro Chou unsuccessfully attempted to convince a judge to revoke Toomey’s parole in the 2014 head-slamming and pepper-spraying incident by introducing a security video from 2011, as a way of demonstrating a pattern of violent behavior by Toomey that would, along with the incident in which he pepper-sprayed Harris, justify revoking his parole and punishing him for the 2014 assaults. (Toomey has convictions on his record for felony forgery and violating a no-contact order in a case related to domestic violence charges by his ex-wife and required to take anger-management and domestic-violence classes.)
In the video, Toomey can be seen gesticulating and yelling at a woman who is trying to enter the Latitude 84 nightclub in Tacoma. The woman is turned away by Toomey (who later reports that she pulled out her ID “in a very threatening way”), and argues with him briefly before walking away and yelling at him from several yards away. A moment later, the woman begins walking toward Toomey again and is restrained by a bouncer, who pushes her woman against the wall and holds her arms; at that point, Toomey can be seen approaching and pepper spraying the restrained woman in the face several times.
In the police report and in his recorded testimony, Toomey struck a familiar refrain: He was afraid the woman planned to hurt or kill him. In the report, Toomey describes the woman, who is black and considerably smaller than Toomey, as almost superhumanly strong and powerful, claiming that she was trying to “smash through” the bouncer who stood between her and Toomey to get at him. In addition, “she kept on making verbal threats, saying stuff like, ‘I’m going to have my homies do this and do that,'” Toomey said. “You see how powerful she was.”
In his statement to police, Toomey writes, “Thank you so much for filling these charges against them, it is hard enough to run a security company as it is, and it makes are job a little less stressful knowing that these type of people are in jail and have to face charges for their criminal actions!” (The prosecuting attorney’s office never pursued charges against the woman, but they did consider charging Toomey, according to Harris’ attorney, Mike Maxwell).
Toomey remains on probation. (The judge in Pierce County was unconvinced that Toomey had demonstrated a pattern of unjustified attacks, and seemed very disturbed by Harris’ use of profanity during his statement.) Harris, meanwhile, continues to pursue his civil case against Toomey and Central Protection, the company that employed him. Harris, who is seeking about $300,000, remains homeless; he says he is working two jobs and hopes to have an apartment soon.
3. Two interesting items from Wednesday night’s meeting of the North Precinct Advisory Council, where the three North End city council members—Debora Juarez, Rob Johnson, and Mike O’Brien—spoke briefly and took questions, mostly about the delayed North Precinct police station replacement, from a roomful of North Seattle residents and business owners. (O’Brien walked in late after racing up to North Seattle College from the Ballard Library, where his monthly “office hours” with constituents were dominated by a group of Green Lake Community Center and Evans Pool users who wanted his assurance that he wouldn’t support “privatizing” the pool and community center.)
First, O’Brien said he expected that the city would begin taking concrete actions to bring the once-controversial, now-wildly-popular Law Enforcement Assisted Diversion program, a pre-arrest diversion program for low-level offenders that started in Belltown, citywide.
Second, council member Deborah Juarez announced that she would be introducing an amendment to police accountability legislation that would require that seven members of 15-member Community Police Commission be appointed by districts. At the council’s public safety committee meeting Thursday morning, Juarez announced rather abruptly that she had gotten pushback to her idea of district representation by CPC members, who suggested that district appointments “would limit the available pool of applicants to those living in the districts … when there might be an ideal candidate living elsewhere. The translation for me,” Juarez continued, “is that there is an assumption—an unfair assumption and a bias—that there will be no qualified applicants [in each district.] … That’s a false narrative.”
Enrique Gonzalez, a CPC member who was at the previous night’s meeting in North Seattle, countered that the current system doesn’t prohibit the CPC from having members from all across the city, but that there may be times when it makes sense for some communities with acute public safety and police accountability concerns (say, South Seattle) might need more representation on the police-oversight board than other areas with fewer concerns (say, North Seattle).