This story originally appeared in the August issue of Seattle magazine.
On a day in late spring, David Lucas, 26, is standing in front of Seattle Municipal Court Judge Damon Shadid, waiting to find out if he gets to go home.
Lucas (not his real name) has been locked up in the King County Jail in downtown Seattle for nearly a month. Today, he’s facing a charge of trespassing at a grocery store—the same store where he’s been arrested many times, usually for stealing food. He’s been homeless off and (mostly) on for about a dozen years, and has a chronic mental illness that’s been exacerbated by his habit of smoking meth. Unless he can convince Shadid that he’ll stay out of trouble, he could be going back to jail for a while.
Lucas is part of Seattle’s visibly homeless population, the cohort featured in a KOMO-TV special called “Seattle Is Dying,” which aired in the spring. Although this group makes up a small percentage of the city’s overall homeless population, its members commit an outsize percentage of the kind of low-level drug and property crimes—such as shoplifting, trespassing and public urination—that KOMO highlighted in its special, which amplified the conversation about this subset of the homeless population.
Cases like Lucas’ pose a fundamental question: Is the arrest of people with severe addiction and mental illness who break laws a solution to chronic homelessness? Or is patience and compassion a more effective approach?
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Under ordinary circumstances, a judge might look at Lucas’ file—which includes dozens of arrests since 2011—and send him straight back to his cell. But Lucas is no ordinary defendant, and this is no ordinary court session. Like many other clients who sit at the defendants’ table in this courtroom every Wednesday morning, Lucas is supported by a new program that provides case management, legal aid and mental health services to people who, like him, have complex mental health challenges and whose competency to defend themselves in court has been called into question. His advocates this morning include Daniel Garcia, his case manager; Heather Aman, the prosecutorial liaison with the Seattle City Attorney’s Office; and Judge Shadid, who talks at length about the progress Lucas has made.
After a few minutes of deliberation, Shadid decides to release Lucas on the condition that he stay away from the neighborhood where he keeps getting arrested. And when Lucas leaves jail tomorrow, he’ll leave with Garcia, who has been assigned to help him stay on track. He’ll go to sleep tonight not on the street, but in transitional housing, a kind of way station between homelessness and permanent housing. Later in the week, he’ll have an appointment with the occupational therapist who is helping him with the life skills he’ll need to stay out of this courtroom. And his mental health care will be supervised by a team from the Downtown Emergency Service Center (DESC), including a mental health professional who will monitor his progress and adjust his meds if needed.
All of these services are available to Lucas thanks to a $3 million, 18-month expansion of the existing Law Enforcement Assisted Diversion (LEAD) program, a collaboration between law enforcement agencies, the Public Defender Association and Reach, the street-based case management program for which Garcia works. The expansion, which zeroes in on offenders with mental illness, traumatic brain injuries, addiction and other debilitating cognitive conditions, was funded by a 2018 settlement in a landmark case known simply as Trueblood. The settlement created a pool of money for programs to help defendants at risk of being “warehoused” in jails while they await hearings on their competency to stand trial.
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.”
The city council’s proposed revisions to Mayor Ed Murray’s 2017-2018 budget include the restoration of funding for Law Enforcement Assisted Diversion (LEAD) program expansion, money for lockers so people can store their belongings at overnight shelters, and longer hours at a daytime shelters so that at least some homeless people who use shelters aren’t forced to wander the streets during the day.
The council considered 104 proposed additions and cuts to Murray’s budget yesterday; together, they would cost the city an extra $16.4 million in 2017 and 3.9 million in 2018.
LEAD funding came into question last week, when council members wanted to know why the mayor’s budget eliminated spending for LEAD expansion into the East Precinct, which includes Capitol Hill. LEAD, a pre-arrest diversion program aimed at reducing recidivism among low-level drug and prostitution offenders, started in Belltown but has since expanded throughout central Seattle; supporters hope to see it expand to neighborhoods citywide in the next few years. The $150,000 in one-time funding is supposed to be covered by new revenues from a special King County sales tax for mental illness and drug dependency (the MIDD tax); however, as I reported last week, the county has already allocated much of its new LEAD funding for other purposes (like filling a budget shortfall by paying a county prosecutor out of MIDD funds), and plans to expand LEAD in other parts of King County, not the city of Seattle, using those tax dollars. That leaves LEAD potentially underfunded, and will likely put the burden of expanding the program in Seattle on the city, not the county.
Which brings us back to that $150,000. Although the mayor’s office says the funding is guaranteed, the council wants to take no chances, and put the money back in the budget. “I think it’s really, really important that we continue funding this very effective program,” council member Kshama Sawant said yesterday. Council member Mike O’Brien, noting that the council has heard that “the funding from the county wasn’t going to be available in the way we thought,” seconded Sawant’s statement. He added: “I am still interested in discussing how, over the next year or two, we can expand LEAD to cover the whole city. I’m interested in exploring what those next steps might be over the next few days and see if there’s any budget implications in the near term.”
Residents of Highland Park, in council member Lisa Herbold’s district, and Ballard, in O’Brien’s, have requested LEAD expansion in their neighborhoods.
Other changes in the council’s human services budget include:
• $105,000 for a social worker to staff the Downtown Public Health Center, the likely location for a low-barrier “bupe-first” pilot treatment project for people with opiate use disorder. The idea behind “bupe-first” is to get opiate addicts on buprenorphine (brand name: Suboxone), a drug that suppresses the physical need to use more harmful drugs like heroin; the same site will also offer needle exchange, case management, and followup services.
• A directive to the Human Services Department to come up with cost estimates for implementing the recommendations of the Heroin and Prescription Opiate Addiction Task Force, which include screening students for risk factors for drug abuse, expanding access to buprenorphine, and establishing supervised drug consumption sites.
• About $350,000 a year for the Lazarus Day Center, which serves people over 50, to expand its hours and daytime services.
• $545,000 to add 4.5 new positions for 2017 to implement the mayor’s “bridging the gap” plan to address homeless encampments, by setting up four new sanctioned encampments, expanding outreach to people living in unsanctioned camps, and improved needle and trash cleanup (including between 11 and 17 new sharps containers for the entire city).
The next scheduled budget committee is Wednesday, November 9, at 9:30am.