Category: Poverty

Morning Fizz: As City Hall Moves Closer to Agreement on Homeless Outreach, “Seattle Is Dying” Star Claims the Council Wants to Legalize Crime

Screen shot from “Seattle Is Dying”

1. Scott Lindsay, a former mayoral public safety advisor whose report on “prolific offenders” featured prominently in the viral “Seattle Is Dying” video, published a broadside against city council member Lisa Herbold yesterday on the website of a new political nonprofit called Change Washington. In the piece, Lindsay accuses Herbold of sneaking legislation into the 2021 budget that would  “create a legal loophole that would open the floodgates to crime in Seattle, effectively nullifying the city’s ability to protect persons and property from most misdemeanor crimes” and “negat[ing] the majority of Seattle’s criminal code.”

Change Washington was incorporated at the end of 2019. Its principals are former state Sen. Rodney Tom, a conservative Democrat from Medina who caucused (and voted) with Republicans; Sally Poliak, a “centrist Republican” political consultant in Seattle; Steve Gordon, a Republican donor from Pacific, WA who runs the anti-tax group “Concerned Taxpayers of Washington State“; and former Zillow executive Greg Schwartz, who left the company last year vowing to focus his energy on “Seattle’s chaotic streets and government.”

In his post, Lindsay refers to himself as a “dyed-in-the-wool blue Democrat.”

Lindsay’s claims about legalizing crime come from an extremely broad reading of a draft bill crafted with input from Decriminalize Seattle and King County Equity Now and posted on the website of the King County Department of Public Defense. Lindsay appears unaware that these groups participated in the drafting of the bill, and even claims that they have never expressed any support for its basic concepts. And despite Lindsay’s claim that Herbold is using an elaborate “backdoor” strategy to “[keep] the proposed legislation almost entirely hidden from the public,” Herbold has not actually proposed any legislation. Council staffers are still working on a draft, one of many bills the council will propose as part of the budget process.

Nor would the bill Lindsay incorrectly identifies as Herbold’s actually legalize crime. Instead, the county public defenders’ draft proposes several new defenses against prosecution for crimes that result from poverty or an unmanaged mental health or addiction disorder. Among other (welcome) changes, the bill would prevent prosecutors from throwing a person with untreated mental illness in jail because he broke a store window during a psychotic episode, or pressing charges against a hungry person because he stole food. It would not create a get-out-of-jail-free card for anyone who commits a crime and then claims to have—as Lindsay glibly puts it—”depression, anxiety, etc.”

Herbold says it’s high time the city reconsider its approach to offenses that result from poverty and lack of access to health care and housing. “As we’ve seen in the massive national and international protests in the wake of the murder of George Floyd, it is past time that we reexamine our systems which often perpetuate homelessness and economic instability,” she says. “The City currently spends approximately $20 million a year on incarceration, which is known to significantly increase the risk of housing instability and homelessness.” The council will discuss the proposal at its budget meeting Wednesday.

Lindsay’s arguments will almost certainly find purchase in right-wing talk radio and on TV chat shows whose ratings depend on keeping audiences in a perpetual state of fear. There will always be a large contingent of people, even in liberal Seattle, who don’t believe that crimes that result from poverty or untreated mental illness really exist. To these people, Lindsay’s assertion that defendants would only have to “claim drug or alcohol addiction” or fake a mental illness to evade justice will make sense. It’s easier to believe in a world where shady defense attorneys argue, as Lindsay predicts they will, that “drugs are a ‘basic need” for someone with a substance use disorder” to than to consider the possibility that throwing people in jail for being addicted, mentally ill, or poor doesn’t actually work.

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2. After the city council passed legislation establishing a new “outreach and engagement team” to coordinate the city’s response to unauthorized encampments, you might think Mayor Jenny Durkan would be thrilled. After all, the team keeps most members of the Navigation Team on the city payroll, while leaving the question of what, exactly, the team will do.

Instead, the mayor responded to the 7-1 vote by reigniting the debate over the council’s 2020 budget rebalancing package, which Durkan vetoed (unsuccessfully) after the council voted to eliminate the Navigation Team. In a statement Monday night, Durkan characterized the council’s vote as a decision to “restor[e] funding for the Human Services Department to coordinate homelessness outreach” and called the legislation “similar to previously proposed legislation negotiated in August” that would have kept the Navigation Team intact.  Continue reading “Morning Fizz: As City Hall Moves Closer to Agreement on Homeless Outreach, “Seattle Is Dying” Star Claims the Council Wants to Legalize Crime”

Sudden Eviction Leaves Residents of Aurora “Nuisance” Motel With Few Options, Little Recourse

By Erica C. Barnett

The hallways inside the Everspring Inn on Aurora Avenue North are a hive of activity on Friday morning, as dozens of residents shuffle in and out of doorways, loading up trash bags, calling for friends down the hall, and trying to stuff a life’s worth of possessions onto carts and into shabby suitcases. The place smells sour, like sweat and mold, and some of the doors have messages scrawled or taped on the outside: “Hope.” “Happiness.” “Fuck you.” One of the doors has been kicked completely off its hinges; according to residents, it’s been that way for months.

Last month, the Seattle Police Department declared the motel a “chronic nuisance” and ordered its owner, Ryan Kang, to correct the problems, which included drug activity, rapes, and two recent murders—one in the parking garage and one in the motel lobby. On Tuesday, residents say, they received a notice on their doors ordering them to vacate the premises.

“[O]ur agreement with the City of Seattle and the Chief of the Seattle Police Department requires that we remove all guests and persons currently occupying the property… effective immediately,” the notice said. “The Seattle Police Department will be on the premises for a scheduled walkthrough on Thursday, August 13, 2020 at 11:00am to help ensure compliance with this requirement.”

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The move was a bluff. According to SPD, there is no agreement between Kang and the department. Nor did police officers do a “walkthrough” on Thursday; although a couple of officers did show up, residents and case managers who were present say they never got out of their car.

José Carrillo, who has lived at the Everspring Inn for four years, said he didn’t understand how Kang had the right to kick everyone out without notice. “The notice just said we have to leave because there’s been some shootings and murders. They’re blaming all 25 people who live here for the shooting. I was as scared as anyone when that happened.” Carrillo, who buys cars at auction, fixes them up, and sells them, said he had just gone upstairs to his room when a woman living in the motel was shot in the garage. “That’s when it started feeling unsafe,” he said.

Even so, residents say, it’s better than being on the streets. “Anything is better than being homeless,” said Olivia Lee. Her girlfriend, Nevaeh Love, is the sister of the woman whose killing Carrillo almost witnessed. The two women lived in a single room with another resident, Curtis Coleman; now, Lee said, they would have to go back to living in their car. “They didn’t offer us any resources, nothing. They just told us we had to be out that day,” Lee said. “It should have been done the legal way.”

Love, who is seven months pregnant, said she was in the hospital until last week because of a lung infection she believes was caused by black mold at the property. Her sister was one of the two people who were shot at the motel.

“They’re sitting on their high horse right now,” Love said. “Well, karma’s a bitch, and they’re going to be in this situation one day, only it will be tenfold.”

Kang was in front of the motel on Friday morning, sweeping up glass and trash as two private bodyguards looked on from a few feet away. He pointed to paint that a resident had poured in the driveway. “This is what I’m dealing with,” he said. He said emptying the motel of tenants was the first step toward addressing the problems identified by SPD. “I believe in second chances but the most important thing for me is public safety,” Kang continued. “We gave them proper notice. I have to get into an agreement [with the city] and this is part of doing that.”

In ordinary times, a mass eviction like the one at the Everspring Inn would require due process, including prior notice of up to 90 days and tenant relocation assistance, depending on the reason for the eviction. Even individual evictions for cause, such as failure to pay rent after a three-day notice to pay or vacate, would have to be filed in King County Superior Court, where the tenants would have the right to challenge their evictions.

During the pandemic, however, there are additional protections against eviction, including both a citywide and statewide ban on most evictions. The statewide ban applies at motels that serve as long-term residences, like the Everspring. On Friday, Seattle Mayor Jenny Durkan extended Seattle’s eviction moratorium to the end of the year.

Landlords are still allowed to file eviction lawsuits against individual tenants in extreme circumstances, but that isn’t what happened in this case, either. “There’s nothing in the mayor’s or the governor’s proclamation that says a public nuisance is a just cause for [mass] evictions,” Edmund Witter, managing attorney at the King County Bar Association’s Housing Justice Project, said. “At the very least, he would have to file an unlawful detainer lawsuit against each individual person.”

In theory, Witter said, the tenants could file an injunction allowing them to stay at the motel for now, or seek redress from the state attorney general, who enforces the statewide eviction ban. (The attorney general’s office did not immediately respond Friday to a question about the legality of the evictions). “It basically sounds like an unlawful eviction,” Witter said. But, he added, “it’s going to be a lot more complicated to help them if they all leave.”

Residents said Kang didn’t give them much of a choice. Last week, residents said, two armed security guards started hanging around in the parking lot and attempting to enter people’s rooms. (When I was inside the motel, the security guards were wandering up and down the hallways sticking their heads into open doors.)

On Thursday, multiple residents said, Kang cut off the’ hot water to all the rooms, and had several tenants’ cars towed, taking away their last significant possession and a potential source of shelter. “Those that have a car, and were going to leave, were probably going to sleep in their cars,” said Kim Harrell, an outreach worker with REACH who was at the motel until 11:00 Thursday night. “What is it hurting him to let the car sit here for one night?”

For some, the final straw came around 1:00 on Friday morning, when the security guards locked the gate surrounding the motel and refused to let anybody in or out. One tenant, Bruce Red, said he felt like he was “back in prison again.”

“[The security guards] locked the gate, and then one of them tried to jump me because I didn’t want them to come into my room to escort someone to help get her stuff,” he said. “I told him I didn’t need him to be on my ass. I’m not acting out of character. I’ve been incarcerated eight times and you’re a [corrections officer] coming into my room.” Harrell said negotiated with the guards for 45 minutes to allow the children of another resident to come inside the gate, “and then they didn’t want to anymore.”

“Their dad had to come out and talk to them,” Carillo, the four-year resident, said. “It was a messed-up situation.”

Both Red and Coleman said they worked for Kang, making ten dollars an hour—nearly six dollars less than Seattle minimum wage—to manage the front desk and defuse dangerous situations when they arose. Coleman said the work was dangerous and hard. “You just have to deal with everything: People drunk, high, coming with knives and bats.

“I was working 12- to 15-hour shifts for [Kang],” Coleman said. “For him to just push everyone out now—it’s not right. They’re messing up all my plans.” Continue reading “Sudden Eviction Leaves Residents of Aurora “Nuisance” Motel With Few Options, Little Recourse”

Street Newspapers Are Struggling To Survive Societal Shutdown

Real Change vendor Shelly Cohen.

The story excerpted here originally appeared at Huffington Post.

One week ago, before Washington Gov. Jay Inslee (D) issued a “stay at home” order shutting down all but the most “essential” businesses in an effort to slow the spread of COVID-19, the office of Real Change, a street newspaper sold by homeless and low-income people in Seattle, was still bustling.

As one vendor collected papers from a staffer at the walk-up counter, another slipped a copy of the latest edition ― cover line: “SILENT SPRING: The City Shuts Down” ― into its clear plastic display case, upside down. “Because the world is upside down!” said vendor Shelly Cohen.

Nearby, a staffer handed a bowl of chili to a vendor who had just stopped by to take a load off.

But once the stay-at-home order came on March 23, the vendors were left with nothing to do ― and, for many of them, no way to make money.

The weekly paper’s founder, Tim Harris, said the staff had already decided to stop publishing a print edition earlier this month, but had still been letting vendors buy papers to sell on the streets up until the stay-at-home order.

Harris founded the Boston street paper Spare Change News before moving to Seattle and starting Real Change in 1994. This is the first time in the paper’s 26-year history that it’s skipped a scheduled publication date.

A similar story is playing out in cities across the country, where street papers ― newspapers that report on poverty and homelessness, and are sold on the street by low-income or homeless vendors ― are disappearing, as vendors fold their chairs, abandon their perches outside grocery stores and downtown businesses, and vanish.

“Currently, I believe that 100% [of street papers] have either stopped publication or are transitioning into halting their physical” press runs, said Israel Bayer, director of the International Network of Street Papers North America, a bureau of the International Network of Street Papers.

Some, like Real Change, have shifted to online-only publication, but about three-quarters of street newspapers have never had an online edition, and are facing a choice between ceasing publication or adapting quickly. “We usually feature a few of the stories online, but we don’t have a PDF version of our paper, so [publishing online] will be a little bit different,” said Jennifer Seybold, executive director of the monthly Denver Voice.

Brian Carome, CEO of the Street Sense newspaper in Washington, D.C., said he was “adamantly against” the idea of shutting down publication when it came up earlier this month, “because for most of the 130 men and women who sell our newspaper, it’s their only source of income.” Gradually, he said, “we came to the conclusion that, given what’s happening in other cities, that the person-to-person selling of the newspaper was a public health concern ― both for our vendors, many of whom have underlying conditions, and for the public.” This will be the first time in 17 years that the twice-monthly paper has not been published on schedule.

Read the whole story at Huffington Post.

Sound Transit Tickets Disproportionate Number of Black Riders, New Numbers Show

Sound Transit staffers presented new data on fare enforcement at Thursday’s Rider Experience and Operations meeting, which showed that despite the agency’s purportedly neutral fare-enforcement policy, black riders were far more likely to receive citations and warnings than white or Asian American riders. African Americans made up just 9 percent of riders on Sound Transit’s Link Light Rail and Sounder trains, but represented 21 percent of all tickets and warnings—more than double their representation among Sound Transit’s ridership. White and Asian American riders, conversely, received proportionally fewer tickets than their ridership would suggest.

The race of a rider is determined by fare enforcement officers. Sound Transit public safety director Ken Cummins told me yesterday that if a person’s race “is not obvious,” a fare enforcement officer is supposed to “tactfully” ask the person how they prefer to be identified.

The issue of fare enforcement was in the news last month, when Sound Transit officers were seen checking fares and scanning the IDs of students on their way to collect their free ORCA passes on the first day of school.

Sound Transit frequently touts its use of “equal treatment” in fare enforcement using the following slide, which shows that fare enforcement officers enter trains in a specific pattern and check fares until they come to someone who hasn’t paid:

But the glaring racial disparity in Sound Transit’s new fare enforcement stats led some public commenters to argue that  “equal” treatment doesn’t necessarily lead to equitable outcomes. Kelsey Mesher, advocacy director for the Transportation Choices Coalition, noted that “communities of color and low-income people have different relationships to policing and enforcement.” What may seem like a friendly interaction with a uniformed officer to a white rider may look entirely different to someone whose community has a history being targeted by police, she said.

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The current fine for failing to pay fare on Sound Transit buses and trains is $124, and failing to pay it can result in criminal charges and cascading debt. In contrast, King County Metro recently reduced fines for nonpayment, eliminated the possibility of criminal charges, and created multiple new avenues for addressing fare evasion tickets, including enrollment in the ORCA Lift low-income fare program.

Sound Transit didn’t provide a detailed breakdown of ticketed riders by income or primary language, or detail what percentage of “ticket or warning” actions by fare enforcement were warnings vs. formal citations. However, an audit of Metro fare-evasion infractions showed that low-income riders and people experiencing homelessness were far more likely than other groups to be cited for fare evasion, and that the primary reason people failed to pay for bus rides was because they couldn’t afford the fare. Sound Transit maintains that in order to keep their fare recovery much higher than industry averages, they need to inspect about 8 percent of all riders for proof of payment—”the sweet spot” that keeps evasion below 3 percent, according to Cummins.

Sound Transit is considering a number of strategies for addressing concerns about aggressive fare enforcement and excessive punishment for unpaid fares, including providing “on-the-spot information about ORCA Lift” and allowing people to work off their fines through community service, but getting rid of fines for nonpayment isn’t amongthem. Seattle City Council member Debora Juarez, who sits on the Sound Transit board, seemed to suggest Thursday that maybe it should be. She compared the cascading consequences of fare evasion fines to the city’s old policy of impounding the cars of people whose licenses had been suspended over minor infractions, such as unpaid parking tickets, which often pushed them further into poverty. “When it comes down to the ability to drive, the ability to have transportation, those are basic… rights,” Juarez said.

One-Way Tickets Out of Town, Tiny House Villages’ Future In Question, and a Poll Asks, Hey, Did You Know Sawant Is a Socialist?

1. Reagan Dunn, a Republican King County Council member who has been vocal in his opposition to a proposal to merge Seattle and King County’s homelessness agencies, told me last week that one of his concerns about the plan was that it would be responsible for implementing the same policies he believes have failed at reducing homelessness, including lenient “Seattle-centric” policies like the (basically moribund) plan to open a safe drug consumption site in King County and county prosecutor Dan Satterburg’s decision not to prosecute people for simple drug possession. On Tuesday, he proposed a few policies he thinks will work better.

The first proposal would allocate at least a million dollars a year for bus tickets to send homeless people to “reunite” with family members out of town—as long as those family members don’t live in King or any adjacent county. These “Homeward Bound” programs have had mixed success, both at getting homeless people to go somewhere else and actually reuniting people with their families; according to a 2017 Guardian investigation, there’s often little tracking of what happens to homeless people once they’re sent away, and little way of knowing if they’ve been reunited with loved ones or simply become some other city’s problem. “Seattle has nothing like [Homeward Bound] and we’ve become a dead-end street,” Dunn says. “Sometimes you have to have a tough-love solution.”

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Sorry to interrupt your reading, but THIS IS IMPORTANT. The C Is for Crank is a one-person operation, supported entirely—and I mean entirely— by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going. I can’t do this work without support from readers like you. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

Surveys of people experiencing homelessness in King County consistently show that the overwhelming majority—84 percent of those surveyed as part of the 2019 point-in-time count—lived (in housing) in King County before becoming homeless.

Dunn’s other two proposals would set up a county team to do outreach to homeless people in Metro bus shelters and on buses (two of the principle places people without homes go to get dry and warm), and a plan to notify opiate prescribers when a patient dies of an opiate-related overdose.

Dunn says he thinks the proposed new regional body, which would be governed by a board of “experts” that would not include any elected officials, would be “unaccountable to the public” and could siphon funding away from King County’s other cities to Seattle. He may not be alone. County Council members Dave Upthegrove and Rod Dembowski, both Democrats, are reportedly on the fence, and Bellevue Democrat Claudie Balducci expressed some misgivings last week. The county’s regional policy committee, which includes members from many of the cities that were not included in the plan, meets to discuss the proposal this afternoon.

The language is so similar to the verbiage on People For Seattle’s vitriolic, often highly misleading primary election direct mail pieces (particularly that “back to basics,” anti-“ideology” stuff) that I’m going to go out on a limb and say this is their poll.

2. A lawsuit by the group Safe Seattle that sought to shut down a “tiny house village” in South Lake Union was rejected just as the city announced plans to extend the permits for the three officially temporary villages—in Othello, Georgetown, and West Seattle—for six more months. But the future of these “tiny house” encampments is still in question.

The three villages originally supposed to move after two years, but their permits have been extended twice, and it’s unclear whether the Human Services Department has a long-term plan for what to do with them after the extensions are up. (When I asked HSD about the future of the villages, a spokeswoman initially said they would have something to announce “soon,” then pointed me to the agency’s blog post about the six-month extension.) Continue reading “One-Way Tickets Out of Town, Tiny House Villages’ Future In Question, and a Poll Asks, Hey, Did You Know Sawant Is a Socialist?”

Unprecedented Spending on Ballard Park “Concierge”; Car2Go Will Let You Park in South Seattle, But It’ll Cost You

1. Last week, Share Now, formerly Car2Go—one of two surviving private car-sharing services in Seattle—announced that it was instituting a new “zoned pricing” policy that imposes penalties for parking their cars in certain areas (generally speaking, most of West Seattle, Southeast Seattle starting at Rainier Beach, and parts of far North Seattle). Anyone who drives into these new “Zone B” areas (designated as dark blue on Share Now’s map) from a light-blue “Zone A” area will have to pay a $4.99 penalty, plus tax. People who drive from “Zone B” to “Zone A” will receive a bonus of up to $4.99, according to the announcement.

The new policy is reminiscent of Car2Go’s initial “service area,” which barred members from parking anywhere in South or West Seattle, parts of town that a Car2Go rep described as “new and developing” areas. Those areas, like the new “Zone B” coincide closely with neighborhoods that are lower-income and more racially diverse, leading to charges that Car2Go was only serving wealthier, whiter neighborhoods.

Kendell Kelton, the North America communications manager for Share Now, says the new policy is designed to eliminate the problem of cars getting “stranded for 12 hours or more, effectively making them unavailable for a majority of our Seattle members who would otherwise use those vehicles.” Currently, she says, one in five Share Now cars has to be relocated “in order to be close enough for members who need them.” (That might explain why it’s consistently so hard to find cars in West and Southeast Seattle.) “It should be noted we see much higher usage in more commercialized areas than residential ones,” Kelton says.

Ethan Bergerson, a spokesman for the Seattle Department of Transportation, say Share Now did not have to seek the city’s permission to start charging its customers more to park in certain areas. SDOT consulted with the city attorney’s office, and they “advised us that because Car2Go continues to serve the entire geography of the city, they are in compliance with the municipal code and their permit,” Bergerson says.

A spokesman for Lime, which runs the city’s other remaining carsharing service (a third, ReachNow, shut down abruptly last month), told me they do not charge differential fares based on where a car is parked.

The Ballard Commons has the unique distinction of being the first park outside the city core to get this extra attention and funding, the city is spending about three times as much on Ballard’s concierge program than it has on similar parks activation programs.

2. As KOMO reported last week, the city is instituting a “concierge” program at the Ballard Commons Park in order to (as the “Seattle Is Dying” TV station put it) “make sure families feel comfortable using the space.”  Parks spokeswoman Rachel Schulkin says the program will consist of two new staffers, whose jobs will be to “program activities and events for park users and assist in making the park welcoming to all visitors.” The staffers will cost the city $130,000. Continue reading “Unprecedented Spending on Ballard Park “Concierge”; Car2Go Will Let You Park in South Seattle, But It’ll Cost You”