Tag: Lisa Daugaard

Hotel-Based Intervention Program Will Expand to Serve Seattle’s Homeless Population

Tents line a street in the International District on Saturday, May 9, 2020.

The Durkan Administration, which has been reluctant to spend city resources putting homeless people in hotels, has signed off on the expansion of the Public Defender Association’s new Co-LEAD program, which provides hotel rooms, case management, food, cell phones, and other necessities to people experiencing homelessness in King County, to include the city of Seattle. Co-LEAD is an expansion of the Law Enforcement Assisted Diversion program, a pre-arrest diversion program for people involved in low-level criminal activity, and is aimed at reducing criminal activity at a time when legal options for making money are scarce and setting clients up for success once the immediate threat of COVID-19 has passed.

Co-LEAD started last month in Burien, where LEAD partnered with local police to identify people living in parks without access to basics like food and toilets, and now serves people exiting the King County Jail system. The program has secured about 50 hotel rooms in three cities, including Seattle.

The PDA had hoped to offer Co-LEAD as an option to people living at the Commons, but were unable to work out a deal with the city before the camp was removed.

The program targets people who need case management and who are also at risk of ending up in jail without intervention—people like those who were living at the Ballard Commons, where the city removed a large encampment two weeks ago. Participants get temporary hotel rooms, access to gift cards for basic needs, help with housing searches, and physical and behavioral health care through an in-house provider.

One goal of the program is getting people connected to services. Another is simply getting them through the COVID-19 crisis—something that’s hard enough to do in a private house, much less a crowded shelter with limited or no access to entertainment . Something as simple as access to television can make a huge difference in a person’s mental health during lockdown, PDA director Lisa Daugaard says. “There’s no question that that’s  a stress alleviation tool that we’re all using right now,” and it’s especially helpful “for people with anxiety and certain mental conditions that respond well to distraction,” Daugaard said. 

The program isn’t meant to be long-term, nor is it for everyone—a misconception that LEAD has had to combat in Burien, where word of mouth created excess demand for the program.

“It’s not a come-one, come-all program—it needs to have a targeted population,” said PDA deputy director Jesse Benet, who set up Co-LEAD over three weeks. “The whole goal is to get people to shelter in place in hotels, to support them while trying to figure out a longer-term plan.” For example, Co-LEAD case managers might help people get their federal stimulus checks, connect them with medical care and treatment programs, and getting them back on Apple Health, the state’s Medicaid program, Benet said. 

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The PDA had hoped to offer Co-LEAD as an option to people living at the Commons, but were unable to work out a deal with the city before the camp—which had been a target of frequent neighborhood complaints, an online petition, and a sensationalistic story on KOMO TV—was swept. However, the city did agree last week to partner with the program in the future, which could lead to hotel room placements for some of those living in crowded outdoor conditions in Pioneer Square or near the Navigation Center in the International District, where a large encampment now stretches along the length of S. Weller St. 

Many homeless service providers and advocates have pushed for hotels as an alternative to crowded shelters at a time when COVID continues to spread rapidly in the community. But they’ve also started asking what comes next. Providers have long argued that crowded shelters are inhumane as a long-term solution to homelessness, but the Seattle area has failed to invest in sufficient housing to get its 12,000-plus homeless residents out of shelters and off the streets. Hotels could be part of the solution.

Certain aspects of a hotel-based approach to homelessness would have to be worked out, including which hotels, how they’d be funded, and who would work there (regular hotel staff? Homeless service providers? A combination of both?) But Daugaard says she can imagine a future in which governments fund hotels as a interim step between homelessness and housing even after the immediate COVID emergency is over. “Hotels, to me, are the game-changer,” Daugaard said. “In a landscape where a pure lack of units is the main barrier to a housing-first strategy for alleviating mass homelessness, suddenly there may be much closer to enough units, at least as a bridge to a more permanent plan,” while potentially helping hotels and hotel workers as well.

The Seattle City Council will get an overview of the Co-LEAD program at its 9:30 am briefings meeting tomorrow.

“At an Impasse”: Arrest Diversion Program Still Lacks Contract, Full 2020 Funding

This piece is an expansion of an item in yesterday’s Morning Crank, which includes additional information and comments from Public Defender Association director Lisa Daugaard. It originally ran in the South Seattle Emerald.

When two Seattle bike patrol officers busted Andre Witherspoon for selling drugs, then said they would let him go if he agreed to enroll in a program, Witherspoon initially said no.  “I said, I can’t agree to that—I’m not no snitch,” he said Monday. When the officers explained that the program could get him help with his drug addiction and get him into housing, Witherspoon signed up.

At the time, he said, “I was just thinking, this’ll be my way out. … Later on, I discovered it was a good choice, because the program was very, very helpful.”

The program was LEAD—Law Enforcement Assisted Diversion—and it has helped hundreds of Seattle residents involved in low-level criminal activity get out of the criminal justice system and into housing, health care, and recovery. Last year, the city council approved (and Mayor Jenny Durkan signed) a city budget that included about $6 million in funding for LEAD—enough to reduce caseloads and expand the program, and $3.5 million more than Durkan proposed in her initial budget.

In January, The C Is for Crank reported that the mayor planned to hold back the additional $3.5 million until consultants from the New York-based firm Bennett Midland could complete an $86,000 evaluation. The goal of that evaluation, according to the mayor’s office, is to “surface best practices,” come up with performance standards, and decide on appropriate caseloads for LEAD. The program has been emulated around the country; its founder, Public Defender Association director Lisa Daugaard, just won a MacArthur “genius grant” because of her work on LEAD. Daugaard has said that without a signed contract that guarantees full funding, LEAD will have to start shutting down offices and stop taking on new clients.

“The mayor’s office is asking the LEAD project management team to provide data that only our local government partners have access to. We need the government agencies we partner with here to prioritize this if it’s what the Mayor wants, and we have no ability to compel that.”

Last week, Durkan sent a statement to reporters saying that the city “fully expects to contract to LEAD for $6.2 million in services and has been working for months collaboratively to receive important information such as their budget.”’

However, Daugaard says the mayor’s office and LEAD remain “at an impasse,” and on Monday, former clients, staff, and supporters of the program held a press conference in Rainer Beach to urge the mayor to release the funds. In addition to Witherspoon, the speakers included city council member Kshama Sawant, who said that if the mayor doesn’t sign LEAD’s contract, she will consider proposing a supplemental budget amendment. “I hope the mayor doesn’t bring us to that point,” she added.

Durkan’s chief of staff Stephanie Formas says the city and LEAD are working on a letter of agreement about the contract, and that the contract itself is currently going through internal review by the Human Services Department. The letter of agreement is not standard for HSD contracts. Nor are some of the monthly and quarterly reporting requirements, including a requirement that LEAD provide an update every three months on client recidivism. LEAD says they have no way of providing this information, because the police department and county jail do not share that data.

“The mayor’s office is asking the LEAD project management team to provide data that only our local government partners have access to,” Daugaard says. “We urge them to obtain the data they’re seeking from the city’s own departments. We have requested access to those data for the [LEAD] database Microsoft is helping us build, and have been told that can’t happen. We need the government agencies we partner with here to prioritize this if it’s what the Mayor wants, and we have no ability to compel that.”

LEAD and the mayor’s office also have not reached an agreement on what “recidivism” means. This won’t make or break the current contract negotiations, but it could be an issue in future evaluations of the program, since recidivism is on a list of reporting requirements for LEAD—along with “housing placements,” which remains on the list despite the fact that LEAD is not a homelessness program and serves many non-homeless clients.

At the press conference Monday, Witherspoon said that “the primary reason why many addicts slide or relapse is because of the stress involved in just being sober”—finding stable housing, accessing medical care, and securing a legal source of income. LEAD walked him through all that, he said. They “helped eliminate that stress.”

Durkan Proposes Compromise on LEAD Funding, but Supporters Call It a Half-Measure

Mayor Jenny Durkan and the city’s Human Services Department have proposed a partial-funding plan for the Public Defender Association’s Law Enforcement Diversion Program, an arrest-diversion program for people involved in low-level criminal activity that has been replicated in cities across the country. However, the mayor’s plan would only pay to reduce case managers’ existing caseloads, and to eliminate an existing backlog of people referred to the program through “social contacts”—a lower priority for LEAD than new referrals made through arrest diversion, which the PDA considers the heart of the program.

In an email to council members on Monday, Durkan’s homelessness advisor, Tess Colby, outlined what she called a two-phase plan for funding LEAD in 2020. (As I reported earlier this month, the city budget included $3.5 million in new funding for LEAD to reduce caseloads and expand into new parts of the city, but that funding is now on hold pending a study by a consultant.)

The first phase, according to Colby, would include “the costs and timing associated with the ramp-up of staff to reach an appropriate case management ratio that addresses their current client base (roughly 700 persons) and backlog (roughly 300 persons) of clients.”

The second phase would come after the consultant review, which is supposed to wrap up sometime this spring. The consultants are tasked with assessing “LEAD’s approach to diversion and case management in light of its theory of change and national best practices” and coming up with “LEAD-appropriate performance measures,” according to Colby’s letter.

PDA director Lisa Daugaard, who won a MacArthur “genius” Grant last year for her work on LEAD, says the program’s model “breaks” if only existing caseloads and the backlog of social-contact referrals are funded. “LEAD by definition entails responding to new arrest diversions and priority referrals from local businesses,” Daugaard says. “If we don’t help respond to current problems, we’re not an alternative public safety and order strategy—we’re just a case management program for people who, in the past, committed crimes.”

Council member Lisa Herbold echoed Daugaard’s comments at a meeting of her public safety committee on Tuesday, calling LEAD a “public safety program that exists to prioritize responding to emerging public safety and disorder issues that are identified by the communities where we live and work.” Herbold said the mayor’s proposed funding plan “makes it impossible for LEAD to take high-priority arrest referrals, and they cannot operate as a program without being able to” do so.

All four public safety committee members signed on to a letter to Durkan on Tuesday. The letter, written by Herbold, asks the mayor to commit to fully funding LEAD this year; to release the $3.5 million the council has already approved by March 1, with the concession that the contract can be modified after the consultants come back with their report; and to affirm that LEAD is a public safety program, not a homelessness program.

This last point may sound like a small nit to pick, but it gets to the heart of the issue that has led Durkan to hire a consultant to look at LEAD’s approach. LEAD has long been classified as a homelessness intervention and required to meet the same sort of performance metrics as shelters and day centers, such as referring at least 60 percent of all clients to emergency shelters. (LEAD estimates that 70 percent of its clients are unhoused). The PDA has argued that these metrics are not the right ones for for a program designed to improve public safety by reducing crime, and have suggested their own metrics in the past, but the city has continued to treat LEAD as a homelessness program.

Through a spokeswoman, Durkan’s office said the mayor “believes LEAD provides a valuable service to some individuals who have been cycling through our justice system” and “looks forward to continued discussion with LEAD, as Bennett Midland [the consultant] helps us to determine the performance measures that will help us assess the impact of the program on both the individuals they serve and surrounding communities.”

 

Durkan Withholds Funding for Nationally Recognized LEAD Diversion Program

Mayor Jenny Durkan on a tour of Ballard businesses in October.

After squabbling with the city council over funding for Seattle’s nationally recognized arrest-diversion program Mayor Jenny Durkan has decided to withhold a majority of the program’s funding for 2020 and hire a consultant to analyze the program and make recommendations on whether and under what conditions to fund it.

The Law Enforcement Assisted Diversion Program, created and run by the Public Defender Association in collaboration with city and King County law-enforcement agencies, provides case management and referrals to services and housing for people engaged in low-level drug and prostitution crimes. Started as an arrest-diversion program in Belltown in 2011, LEAD has expanded to cover much of the city, and now accepts referrals through “social contacts” in addition to arrest diversions. Last year, PDA director Lisa Daugaard won a MacArthur Foundation award (commonly known as a genius grant) for her work on the program.

The council agreed to provide an additional $3.5 million to LEAD last year after lengthy negotiations and a promise of $1.5 million from Ballmer Group that was contingent on the $3.5 million in additional city funding. The money was supposed to allow LEAD to reduce case managers’ caseloads and expand the popular program geographically. Last month, though, at Durkan’s direction, the city’s Human Services Department sent LEAD a contract that only includes the $2.6 million the mayor proposed in her initial budget, with the rest contingent on an evaluation by New York City-based consultant Bennett Midland, which signed an $86,000 contract with the city in late December.

“The consultants will address appropriate protocols for referrals in partnership with SPD and LEAD and surface best practices in case management, behavioral health treatment and diversion,” senior deputy mayor Mike Fong told LEAD’s senior management in an email in December. “This information will inform their recommendations of relevant performance metrics to be incorporated into an amended contract and for overall consideration of what caseload levels should be. We expect the final report and recommendations this Spring.”

“Revising the contract to add the increased funding of $3.5 million will be informed by the recommendations from an independent program evaluation,” Fong wrote.

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According to Bennett Midland’s contract, the goal of the consultants’ work will be “to establish a shared understanding of LEAD’s existing deliverables, reporting capabilities, protocols, and procedures in order to develop an appropriate set of performance metrics, inform future program evaluations, and align future budget resources and contract provisions with the program’s foundational goals.”

LEAD says that if the mayor does not release the approved funding this year, LEAD will have to cancel its expansion plans and lay off staff. Currently, LEAD project director Tara Moss says, “LEAD is breaking, because legitimate demand far exceeds our capacity to provide case management. By its nature, it’s a program meant to help officers resolve new current problems, as well as provide long term support to people whose behavior has been problematic in the past.  So for LEAD to be healthy and useful, it has to take appropriate, priority new referrals from police and businesses.  Our police partners are making appropriate high priority referrals that we have no space to absorb, and even if we shut our doors to new referrals tomorrow—which would be the end of LEAD as we know it—we can’t even sustain the current caseload.”

“We are hopeful that the Mayor’s office will release the full funding. We would be really disappointed to see the nature of our grant fundamentally change from expanding a successful program to simply paying for something we thought government had agreed to fund. That would be a loss for the city.” — Statement from Ballmer Group

Durkan’s decision to withhold approved funding from a city contractor is highly unusual and introduces a new uncertainty into the annual budget process. Ordinarily, the mayor proposes a budget, the council amends it, and the adopted budget becomes the budget for the following year. There is little if any precedent for for the mayor’s office to reject the adopted budget for a specific program on essentially a line-item basis. Council member Lisa Herbold, who chairs the council’s human services and public safety committee, says she can’t recall “any budget adds not being funded” after a budget was finalized and passed in the two decades she has worked as a council aide or council member. A resolution “declaring that the City is committed to ensuring that evidence-based, law enforcement-engaged, pre-booking diversion programs, such as LEAD, receive the funding necessary to accept all priority qualifying referrals” passed unanimously in November.

Funding from Ballmer Group was explicitly tied to the $3.5 million in additional city funding, although [UPDATE] a spokesperson for the group says they do not intend to rescind the funding now. In a statement, Ballmer Group said, “We are hopeful that the Mayor’s office will release the full funding. We would be really disappointed to see the nature of our grant fundamentally change from expanding a successful program to simply paying for something we thought government had agreed to fund. That would be a loss for the city.”

“Very sad that we are facing this uphill battle AGAIN.  I thought we had your funding straightened out and on a smooth path; after our budget was complete, Council’s  intentions to fund LEAD expansion was clear.”—Former City Council member Sally Bagshaw

LEAD had already begun to expand its services to include new parts of the city, signing leases on new field offices in SoDo, Capitol Hill, and North Seattle and preparing to add staff through a nationwide search, Daugaard told key LEAD stakeholders in an email last month. “Now it’s far from clear that we should proceed with any of this.” According to Moss, LEAD’s current preference is to “act as if” the $3.5 million will come through midyear, but that’s a gamble—one that Moss says “requires City assurance that the approved funding will be made available by mid-year,” regardless of whether Durkan decides to fund the program after her consultants come out with their report.

Continue reading “Durkan Withholds Funding for Nationally Recognized LEAD Diversion Program”

“She Told Me She Was There To Make Money and She Enjoyed It”: Diversion Funding Discussion Derailed by Crass Cop Comments

The topic that was actually on the table: LEAD’s ballooning caseload.

A council discussion about whether to expand funding for the successful Law Enforcement Assisted Diversion (LEAD) program, which is understaffed and over capacity, was derailed Wednesday afternoon when deputy police chief Marc Garth Green defended SPD’s recent return to the old, widely discredited policy of targeting sex workers, rather than buyers, for arrests. (That story was reported by Crosscut.)

The exchange came after council member Teresa Mosqueda challenged claims that the city needed tools besides diversion, such as “enhanced probation,” to address “prolific offenders” because LEAD wouldn’t work for certain people. (Mosqueda’s point was that there’s no way to prove diversion doesn’t work for people who have never had the chance to enter a diversion program, and that the problem was funding, not lack of evidence that LEAD works).

I’ve transcribed much of the exchange, but here’s where it got heated: 

Garth Green: We have people who are working the streets that aren’t necessarily substance abusers. They have homes. Some of them choose to do what they’re doing. [From the dais, Mosqueda can be heard saying, “No.”] We need to have some type of intervention with them, whether it be LEAD or something else, but we have to address these types of things. To simply go about doing the same thing over and over again becomes problematic. … We’ve had two homicides in the North Precinct on Aurora directly related to prostitution activities and we have to make that population safe as well. [At this point, Mosqueda tried to speak.] Please, ma’am. I firmly believe in LEAD. We should fund LEAD. All I’m saying is I need a lot of resources to deal with the complex problems that we have up there.

“We have people who are working the streets that aren’t necessarily substance abusers. They have homes. Some of them choose to do what they’re doing… That [knowledge] comes from my experience of actually working the street up there and talking to a young lady who specifically told me that she was there to make money and enjoyed it “—Seattle Police Department Deputy Chief Marc Garth Green

MosquedaYou’re talking about people on Aurora making choices? The only people making a choice in terms of prostitution are the johns on Aurora who are stopping to see if people are willing to get in their car. Those folks who are working on the street are not making a daily choice to go out there. They are… sustaining themselves, their families, their kiddos. This is not a choice people are making, as in, they’re housed, they have all access to health services, and they feel economically stable. … If you’re basing referrals for arrests instead of to LEAD based on your assumption or gut or sense that somehow it was better to arrest them than to get them into LEAD, then I want to see the data.

I’d also like to see data that shows that people are making this choice, because absolutely, in my 15 years of working on this issue, from human trafficking and labor trafficking and standing up for workers’ rights, I have never been so shocked by such an assertion.

Garth Green: I appreciate that, councilwoman. And that comes from my experience of actually working the street up there and talking to a young lady who specifically told me that she was there to make money and enjoyed it and I still believe that that young lady had some problems—

Sawant: This is just unacceptable. Did you just say that that young lady enjoyed it? I mean—

Garth Green: That’s her words, not mine, but what I’d like to say—

Sawant: I don’t think you should be speaking for women at all, much less in the context of the worldwide statistics that the people who get into sex work primarily get into it because of financial constraints imposed on them by the system.

Deputy Seattle Police Chief Marc Garth Green

Later in the afternoon, SPD’s official Twitter account responded with a statement attributed to Garth Green, clarifying his “earlier remarks that I was unable to finish at City Council today.” The statement suggested that, contrary to his previous “she enjoyed it” claim, SPD considers all sex workers to be trafficked victims who may be safer behind bars.

“There is a reason we refer to those engaged in prostitution as High Risk Victims,” the SPD account said. “In our experience, victims are forced into prostitution through violence, deception, and other factors not of their choosing. Diversion options can be limited, and we may need to arrest them to disrupt the cycle of violence and abuse. For people trafficked in prostitution, jail can be a safer place than out on the street. That said, our primary enforcement focus will ALWAYS be those who profit from and support this form of human trafficking.”

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Garth Green’s comments came in the middle of a presentation on LEAD by representatives from the budget office, the mayor’s office, and the police department, who were defending the mayor’s decision to effectively flatline LEAD’s funding in 2020. (The mayor’s office proposed a $288,000 increase, but Public Defender Association director Lisa Daugaard said that increase will be eaten up by rent increases and boosts to caseworker pay aimed at reducing turnover). Continue reading ““She Told Me She Was There To Make Money and She Enjoyed It”: Diversion Funding Discussion Derailed by Crass Cop Comments”

Justice Reform Advocate Behind Successful Diversion Program Wins MacArthur “Genius” Grant

This post originally appeared on Seattle magazine’s website.

Image Credit: Hayley Young, Seattle magazine

Lisa Daugaard, the Seattle criminal justice reform advocate and director of the Public Defender Association (PDA), used to joke with her staff that she would never get a MacArthur grant—the no-strings-attached financial stipend commonly known as the “genius grant.” “It has been kind of an internal joke among my colleagues and family that this would never happen to me, because I had a particularly challenging dynamic with MacArthur over how the work in the [criminal justice] field should progress,” Daugaard says.

So when she got a call from the MacArthur Foundation—several calls, actually, plus a number of increasingly urgent texts—she thought, “I’ll get to this when I get to it.”

Daugaard was preoccupied with a more pressing problem—the latest city budget left the Law Enforcement Assisted Diversion (LEAD) program underfunded, and the PDA would have to stop taking on new clients starting in early 2020. The city has expanded the program geographically since it first started as a Belltown pilot program in 2005, but resources have not kept up with the expanding need, and the small staff is now “pinned at their desks” by staggering caseloads, Daugaard says. “We’ve been struggling with fairly profound questions about whether LEAD is going to make it in Seattle. … The model will collapse without some recognition that as we build enthusiasm for and willingness to use this model, by definition, we have to grow in capacity.”

So when her phone started ringing, Daugaard says, “I was very preoccupied and grumpy. That morning, I was walking around thinking, ‘I’m kind of done. I don’t think I can fix this.’”

When she finally returned the call, “and then I realized that the only thing they needed to ask me about was whether I would accept this award, it was just one of those moments in one’s life where the thing that you had absolutely, conclusively ruled out as ever possibly happening does happen, and it reminds you that you should probably stop assuming that you know what is possible,” Daugaard says.

LEAD, a joint effort between the PDA, police, and other community stakeholders, is a pre-arrest diversion program that offers alternatives to the criminal justice system for low-level offenders with mental illness and substance use disorders. The program has been shown to be more effective than other approaches at reducing recidivism, reducing arrests by 60 percent compared to other approaches. Versions of LEAD now exist across the country—a testament, supporters say, to the effectiveness of the program.

MacArthur’s process for choosing grant recipients is notoriously secretive. It involves following potential recipients’ work for multiple years and interviewing other people in their orbit to gauge the impact of their work. “The idea that folks who have tried to steer the criminal justice field are feeling confident about this direction was kind of news to me, and very welcome information,” Daugaard says.

She hopes Mayor Jenny Durkan and other city leaders are paying attention. “The people who confer about what direction our field needs to take have decided that this is a very promising direction and that this is not a risk. I hope that that is the takeaway,” she says.

As for what she plans to do with that $625,000 of grant money from the foundation? Daugaard says she’ll figure that out soon—right after she finishes up a couple of big projects, including training 15 organizations from across the U.S. on the LEAD model. “I think in 2020 I will be able to start stepping away and doing some writing” about the theory and practice of LEAD and why it works. She knows the program will go on whether she’s actively engaged on a day-to-day basis or not. “I’m proud and pleased that [LEAD] is not dependent on any one person or any one personality and style,” she says. “I’m really confident that that the same insights will be generated, and the same problem-solving will happen, whether I’m there or not.”

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

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

Image credit: Hayley Young, Seattle Magazine

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

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

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

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

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

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

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

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

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

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

 

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

 

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

County Presses Pause on Safe Consumption Sites

Two weeks ago, rejecting the unanimous recommendation of the King County Heroin and Prescription Opiate Addiction Task Force, the King County Council voted to prohibit funding for supervised drug consumption sites except in cities that explicitly approve them—a sop to suburban cities and rural areas where residents are vehemently opposed to the sites and a slap in the face for the task force, which recommended a pilot project that would include one supervised consumption site in Seattle and one somewhere else in the county. (The county refers to supervised consumption sites by the clunky acronym CHELs, for Community Health Engagement Locations).

The council also voted to prohibit the county from funding safe consumption sites anywhere outside Seattle, and barred spending any of the county’s general fund on a Seattle site. As a result of those restrictions, any money for the pilot project would have to come from the county’s Mental Illness and Drug Dependency levy—a tax that generates about $66 million a year but is already largely spoken for. The supervised consumption pilot was never supposed to be funded entirely through the MIDD, and supporters say that as the cost estimate for the pilot has ballooned to more than $1 million, the likelihood that it can be funded MIDD dollars alone is virtually zero.

“EFFECT: Restricts the General Fund Transfers to DCHS and Public Health such that 86 no General Funds can be used to establish CHEL sites. Restricts the MIDD  appropriation such that no MIDD funds can be used to establish CHEL sites outside 88 the city of Seattle.” – King County budget amendment barring county spending on safe consumption sites outside Seattle

Kris Nyrop, who wrote an op/ed for the Stranger comparing the council’s move to the “state’s rights” politics of the 1980s, says the vote “effectively kills” safe consumption sites, at least for the next two years, because “The MIDD dollars are all already accounted for until the fall of 2018” and because “the [King County] health department has dithered so long on this that they have given the opposition time to really organize” against it.

Supervised consumption sites, where addicts can use illegal drugs under medical supervision in a location that also offers medical care, detox, and referrals to treatment, are common in Europe but almost unheard-of in North America, where more puritanical attitudes toward addiction have made them controversial. The idea behind supervised consumption is that it keeps people from dying of overdoses and treatable conditions (like wound infections), prevents disease transmission via dirty needles, and gets people who may not have seen a doctor in years into the health care and social service system, providing a lifeline toward housing, treatment, and recovery.

“We haven’t yet done the work that we need to do at the council to understand the proposal, the benefits, or the criteria for when and where these [safe consumption sites] make sense.” – King County Council Democrat Claudia Balducci

The sites are controversial for obvious reasons: Intuitively, giving drug addicts a safe place to consume dangerous, illegal drugs seems like condoning their behavior. (This view assumes that addiction is a choice and ignores the fact that forcing people into treatment, an alternative that safe consumption opponents frequently suggest, is cost-prohibitive and doesn’t work, but it’s ultimately an emotional argument, not a rational one.)

“Trust me, you don’t treat alcoholism by inviting alcoholics to the bar,” Republican county council member Reagan Dunn, who has been public about his own struggles with addiction, said before the vote. “Fifty-six percent of my constituents said they are extremely against these sites. Only 20 percent of people indicated they were open to considering these sites.” Dunn said he was concerned about the county’s liability if users OD and die inside the facility (in almost 15 years, not one person has died at Insite in Vancouver) and worried that the sites would become magnets for heroin dealers. He suggested that Seattle should be a test case for the site, “before we take the show on the road” to suburban areas that don’t have the same capacity to provide treatment and emergency services.

Republicans weren’t the only ones arguing that safe consumption sites should be limited to the state’s largest city. Suburban Democrats like Claudia Balducci (a former Bellevue City Council member) and Dave Upthegrove, who represents South King County, argued that the county would be overstepping its authority if it opened a safe consumption site where residents opposed the idea. “One of the things that always drove us crazy at the city level was when higher levels of government told us what to do at our city,” Balducci said. “I come from a city that has decided this is not what they want in their city. It doesn’t fit the needs or the desires of their community…. [Safe consumption sites] work best in locations where there’s a lot of street drug use,” she added.

Public Defender Association director Lisa Daugaard, who sat on the heroin task force, argues that “it sets a dangerous precedent to withhold funding for health services from residents of towns whose elected officials have ideological problems with those medical strategies. … The health and well-being of people who live in Kirkland and Kent affect that of people in Seattle, and vice versa.”

Larry Gossett, a Seattle Democrat, scoffed at the implication that drug addiction—particularly heroin addiction—is a problem restricted to big cities like Seattle. Noting that, nationally, heroin and opioid addiction is largely a rural and suburban problem, Gossett said, “I do not understand this concept that people who live outside of Seattle and in suburban and rural areas are different than people who live inside of cities.” Council member Rod Dembowski, whose district includes Shoreline, Kirkland, and Woodinville, added, “There is a serious rural crisis going on, with people dying every day, and I don’t think it’s fair to the citizens of my district to say, ‘No, you don’t get to have return on your investment’ if such a facility would serve their needs. … I don’t think the public health of the 2.1 million residents of this county should be decided based on fear.”

On the  phone last week, Balducci defended her vote, arguing that the budget amendment is a temporary pause, not a permanent spending prohibition. “We haven’t yet done the work that we need to do at the council to understand the proposal, the benefits, or the criteria for when and where these [safe consumption sites] make sense,” she said. “We have to do a little more background work and figure out, what are these [safe consumption] sites and who do they serve.” Balducci also suggested that a huge debate about safe consumption sites could blow up her ongoing efforts to establish the first permanent men’s shelter on the Eastside in Bellevue. “We are facing a really tremendous backlash about that, and one aspect of the opponents’ position is that this is just the camel’s nose under the tent and they’re going to legalize heroin next and [addicts] are going to be out in all the neighborhoods.”

Of course, they’re already there.

Daugaard, who still holds out hope that the council could reverse its decision during the ongoing budget process, says that if they don’t, “it will be very difficult to keep the promise that the heroin task force made to neighborhood leaders in Seattle: that Seattle would not be left alone to respond to this need, which is fundamentally unfair given the widespread use of heroin and opiates throughout the county.  Waiting until 2019 to move forward inevitably will mean avoidable overdose deaths, and no solution to drug use in unsupervised public sites like bathrooms and parks.  Hopefully we all can agree that the status quo is unacceptable. Waiting is not a plan.”

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The C Is for Crank Interviews: Scott Lindsay

Image result for scott lindsay seattle

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

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.

Morning Crank: An Insurmountable Impact to Quality of Life

1. The King County Regional Policy Committee, which includes members of the Seattle City Council and King County Council as well as several suburban mayors, voted yesterday to move a proposal to renew and expand the King County Veterans and Human Services levy (now known as the Veterans, Seniors, and Human Services Levy) one step closer to the November ballot. The committee debated, but didn’t take a position on, the size of the levy, which under a proposal by King County Executive Dow Constantine would increase from five to 12 cents per $1,000 of property valuation. Kent Mayor Suzette Cook, a member of the Sound Cities Association of suburban cities, proposed reducing the renewal measure from 12 cents to 10, while advocates for seniors and people with criminal convictions in the audience advocated an increase to 15, which would represent a tripling of the levy.

The testimony, which stretched more than an hour, whipsawed between senior citizens praising Constantine for including seniors in his proposal, and advocates for active drug users and people with criminal convictions asking the committee to add programs that provide housing for those hard-to-house groups to the levy. Not This Time founder Andre Taylor’s testimony about being unable to rent an apartment in Seattle because of a conviction 20 years ago was followed moments later by an advocate for senior citizens who are losing their sight. Although both groups wore green scarves to symbolize their support for increasing the levy, those who supported housing for people with criminal convictions and active drug users hung an additional symbol—an orange strip of fabric—around their necks; none of the people wearing green scarves spoke in favor of the proposal, possibly because housing senior citizens is much less contentious than housing active drug users and people with criminal convictions.

“Everybody lives somewhere,” Public Defender Association director Lisa Daugaard said. “If it is on the street and in public, in our cities and in unincorporated King County, that is an insurmountable impact to quality of life,” both for people who can’t find housing and people who encounter them on the street. Most housing for people with substance use disorders require total abstinence from drugs and alcohol, which gets the equation exactly backward; for people living on the street, getting clean and sober can be an insurmountable challenge, but harm-reduction studies have shown consistently that people’s quality of life improves once they have housing, even if they keep using drugs or alcohol.

The levy proposal now heads to the county council, which will send a final version back to the committee by July.

2. In response to news that billionaire investor and Celtics minority owner David Bonderman, a key player in the Oak View Group of investors that Mayor Ed Murray recently selected to rebuild Key Arena, had resigned from the board of Uber after making sexist comments, Murray said yesterday, “businesses that wish to partner with the City of Seattle must share our values of equity and inclusion. Because of the negative impact of attitudes and comments like these, we will engage with Oak View Group during our negotiation to ensure our partnership is built on and reflective of Seattle’s values.” Asked what form that “engagement” will take, mayoral spokesman Benton Strong said that was “being discussed.”

3. Former 46th District state Rep. Jessyn Farrell won the straw poll and went home with a slightly crumpled straw cowboy hat at conclusion of the the 34th District Democrats’ mayoral forum in West Seattle last night, after two rounds of questions that initially winnowed ten candidates (including unfamiliar faces like SPD officer James Norton and business consultant Tinell Cato) down to three familiar ones (former US Attorney Jenny Durkan, vFarrell, and current 11th District state Sen. Bob Hasegawa), then two (Farrell and Hasegawa) then one.

A few things I heard last night, in no particular order:

Michael Harris, TV producer and tailored-suit aficionado, on what he’d bring to the table as mayor: “The ethic that I’ve learned as an ABC producer is that I get I there and immerse.”

Mike McGinn, former mayor: “We tax regressively. We need to spend progressively. I would hold the line on sales taxes and property taxes.”

Jenny Durkan, on the need to keep Seattle’s neighborhoods unique in the future: “If you held a gun to some people’s heads and said, ‘You have to move from West Seattle to Capitol Hill,’ they would say, ‘No way.'”

Jessyn Farrell, on her solution for “food deserts” like Delridge, where grocery stores are few and far between: “There’s a real role for government to step in. By using incentives and disincentives we can foster more small businesses and [reduce] barriers. We could be asking grocery stores to do more when we’re granting permits.”

Hasegawa, same question: “I’m all for supporting mom and pop grocery stores to start up in the neighborhoods, but the easier way is to really build out our transit system so people can get where they want to go easily.”

Hasegawa, on how he would pay for that: “A municipal bank.”

Hasegawa, asked whether he would prefer to have lots of homeless children or lots of homeless single men. “I’m a politician, I guess we’ll work through [the question.]” (Proceeds to talk out the clock.)

Jenny Durkan, on whether it’s appropriate for schools to employ uniformed SPD officers  as “community resource officers”: “One of things we found out from SPD’s own data  is that 75 percent of the time, when an officer used force, it was either someone in a mental health crisis or under the influence of drugs and alcohol.” (Proceeds to talk out the clock.)

McGinn, on whether he supports or opposes the soda tax that just passed (everyone else held up their “no” signs): ¯\_(ツ)_/¯

Everybody, on whether the city should annex North Highline, an unincorporated area near White Center: “¯\_(ツ)_/¯”

The 34th District Democrats did not make a formal endorsement last night.

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