Despite Deadly 2022, Traffic Safety Bills Fail to Gain Traction

By Ryan Packer

After 2022—the deadliest year on Washington state roadways since the early 1990—it seemed likely that traffic safety would get significant attention during this year’s legislative session. But following a key early March deadline for bills to pass out of their house of origin, a number of promising bills are off the table.

A bill to reduce Washington’s blood-alcohol threshold for a DUI from 0.08 percent to 0.05 percent was a top priority for safety advocates, winning early support from a broad group of transportation sector organizatios, including the National Transportation Safety Board (NTSB), the Washington Traffic Safety Commission, and the National Safety Council. However, the bill failed to make it through the Senate, in part because legislators opted to debate a bill allowing more police pursuits instead during the final hours before a key deadline.

Another safety bill that failed to advance would have required car dealers to put warning labels on large trucks and SUVs that are designed in a way that puts pedestrians and cyclists at greater risk; the bill would have also increased fines for traffic infractions committed by people driving those vehicles. For decades, federal programs have rated the “crashworthiness” of specific types of cars and trucks, but as Americans have opted for larger and larger SUVs, that rating hasn’t taken the safety of people outside the vehicle into account,

A bill that would have prohibited drivers from turning right at any red light within 1,000 feet of a school, park, or other high-traffic public facility received strong support from walking and biking advocacy organizations but never got a committee vote in either the house or the senate. In 2018, Washington, D.C. piloted right-turn-on-red restrictions at 100 high-volume intersections, finding a 92 percent reduction in drivers failing to yield to pedestrians compared to before the restrictions were added. Based on that data, the district broadly adopted the restrictions citywide in 2022.

There is data showing that Black people are getting stopped at a rate of four times their share of the population, and unhoused individuals make up half of jaywalking stops. [The law against ‘jaywalking’] isn’t being enforced to promote safety.”—Matthew Sutherland, Transportation Choices Coalition

Legislators also weren’t ready to pass a bill that would have prohibited traffic stops for non-moving violations like broken taillights, or a proposal that would have to banned most “jaywalking” stops of pedestrians crossing outside legal intersections. One issue was that there isn’t enough data yet to determine the impact eliminating such laws has on pedestrian safety.

“Certainly [we] want to look at how we reduce disproportionality in our transportation space, but we need to flesh out how this fits into an overall safety strategy,” Marko Liias (D-21, Edmonds), chair of the Senate’s transportation committee, told PubliCola.

Matthew Sutherland, the Advocacy Director at Transportation Choices Coalition, said police use jaywalking stops as a pretext for targeting vulnerable people.  “Folks are being harassed,” he said. “There is data showing that Black people are getting stopped at a rate of four times their share of the population, and unhoused individuals make up half of jaywalking stops. This isn’t being enforced to promote safety.” Sutherland also noted that the jaywalking bill would have shifted more of the burden of pedestrian safety from pedestrians onto drivers, a controversial element of the proposal.

Liias said some bills didn’t advance because they weren’t bolstered with enough relevant supporting data. “I’m really trying to ensure that we’re data-driven.,” he said. “When we talk to vulnerable [road] users, we know right-turn-on-red is a problem. I think we now need to build the evidence and be able to articulate that piece of it, because we’re asking for a culture shift … and I think people are reluctant to do that without the full picture.”

Convincing data didn’t seem to help the proposal to drop Washington’s blood-alcohol content threshold for a DUI to 0.05 percent, however. Utah, the first state to adopt the lower limit in 2019, saw a double-digit drop in statewide traffic fatalities in the year after the new law took effect, without a corresponding rise in alcohol-related traffic stops or arrests. The bill was expected to prevent around 30-40 deaths in Washington state annually, but it received significant pushback from the restaurant and hospitality industries, which were concerned about increased liability for servers and bartenders who overserved patrons. Supporters of the bill, including Gov. Jay Inslee, said they looked forward to its return next year.

Liias pointed to several traffic safety bills that are still advancing where the impacts are more clear-cut. One bill would allow the Washington State Department of Transportation to use automated cameras to ticket drivers speeding on state highways. Another would require drivers under 25 to complete a driver’s education class before receiving their license, eliminating the current loophole allowing drivers 18 and older to get a license after passing a written test. Only around half of drivers under 25 licensed in Washington have received comprehensive driver training and those who have not have a crash rate that’s significantly higher than those who have.

“I knew coming into session that we aren’t going to achieve Target Zero in the next two years,” Sen. Marko Liias said, refering to a goal Washington has had in place since 2000 to eliminate serious traffic-related injuries and fatalities. “I think we’ve put this issue on the map, and now we’re starting to build that comprehensive set of policies that will help us get headed in the right direction toward zero.”

But Liias also noted the significant hurdles to changing behavior, even with the potential benefit of saving lives. “We’re used to doing things across the safety space in one way, and shifting to a new framework and a mindset takes time for folks.”

In the other chamber, Representative Jake Fey (D-27, Tacoma), chair of the house transportation committee, said there has been some progress on traffic safety, citing a bill that will provide hiring incentives to Washington State Trooper recruits: $10,000 over two years for cadets and $15,000 over two years for lateral hires from different police departments. That bill is now in the Senate after passing the House with only one vote in opposition.

Fey told PubliCola he considers efforts to increase the number of police on state roadways complementary with trying to reduce unnecessary stops. “Part of the intent was to make troopers and other law enforcement available for other important work, and not dealing with minor things that have the net effect of targeting certain populations,” Fey said. But with Democrats incredibly divided over police issues, hope for future movement on the issue could be dim.

With nationwide trends, like vehicle design, generally outside of state control also having a big impact on increasing traffic fatality numbers, the best legislators were hoping for was small progress on the issue this session. “I knew coming into session that we aren’t going to achieve Target Zero in the next two years,” Liias said, refering to a goal Washington has had in place since 2000 to eliminate serious traffic-related injuries and fatalities. “I think we’ve put this issue on the map, and now we’re starting to build that comprehensive set of policies that will help us get headed in the right direction toward zero.”

 

 

 

 

 

 

 

Cash Benefits, Drug Possession Bills Move Forward

Michele Thomas of the Washington Low-Income Housing Alliance testifies about benefits for low-income people at a senate committee last week.

By Andy Engelson

Two bills that would have a significant impact on poor and vulnerable people moved forward in the legislature this week. 

The first —a bill sponsored by Rep. Emily Alvarado (D-34, Seattle) that would end the requirement that people who receive the state’s Aged, Blind, and Disabled (ABD) cash assistance program pay back these benefits once they qualify for federal disability aid—passed out of the senate’s human services committee last week. ABD recipients are generally some of the lowest-income people in the state: 57 percent struggle with mental illness and 33 percent are homeless. The reform bill is scheduled for a hearing in the Senate Ways and Means Committee on Thursday, the final hurdle before a floor vote.

In testimony before the human services committee, Michele Thomas of the Washington Low Income Housing Alliance said ending the pay-back requirement is long overdue. 

“It changes an unfair, decades-long practice of forcing people to forgo their SSI payments that [impoverished people] desperately need,” Thomas said. “Please understand that at the same time folks are required to make these back payments, they also lose their eligibility for the Housing & Essential Needs [HEN] rental assistance program, which is already furthering their instability.” HEN is a federal program that provides emergency rent and utility assistance and access to basic household supplies to people with disabilities.

A bill that would have better aligned HEN and ABD benefits and guaranteed at least 12 months of HEN support to recipients failed to pass out of a senate committee earlier this session. 


The second bill that’s moving forward is Sen June Robinson’s (D-38, Everett) bill revising the state’s drug possession policy in response to the 2021 Blake state Supreme Court ruling that found the previous law unconstitutional. The bill, which makes possessing small amounts of drugs, such as fentanyl and meth, a gross misdemeanor and requires prosecutors to divert people into coercive treatment, received a hearing in the House Community Safety, Justice, and Reentry committee on Monday.

In testimony to the committee, Sen. Robinson gave her bill mixed reviews. Centrist Senate Democrats modified the bill substantially with amendments, including a provision that forces those who drop out of court-mandated treatment to serve jail time. “My goal is to find a balance, and that is very hard to do,” Robinson told the committee. “A balance between compassion and lots of options for treatment, and—some people call them off-ramps. But, options for diversion, treatment, and services for folks who are found to be in possession of illegal substances. And also to give our communities the tools that they are asking for in these situations.”

“I wouldn’t say it’s perfect or exactly the right balance, but you will grapple with that,” Robinson told her colleagues in the House.

Light Rail Board Members Seek Middle Ground as Plan to Skip Chinatown, Midtown Stations Moves Forward

Dow Constantine and Bruce Harrell have proposed a “North-South” light rail plan that would eliminate planned Chinatown-International District and Midtown stations. A compromise proposal, sponsored by Claudia Balducci and Roger Millar, would restore the “spine” of the system and keep some connections to the CID.

By Erica C. Barnett

On Wednesday, in advance of a Sound Transit board meeting that could reshape a long-planned light rail expansion linking downtown Seattle to Ballard and West Seattle, King County Councilmember and Sound Transit board member Claudia Balducci proposed an alternative route that preserves the existing “spine” of the system while eliminating a planned station in the Chinatown International District (CID). Voters approved the expansion, called “ST3,” in 2016.

The last-minute proposal is a direct response to, and amendment of, another last-minute proposal backed by King County Executive Dow Constantine and Mayor Bruce Harrell, who is sponsoring the motion. That “north-south” plan, which has no cost estimates, engineering, or design, would take a new light rail station on Fourth Avenue in Chinatown off the table, eliminate a planned “Midtown” station that would have served First Hill, and add a new “south of CID” station a few blocks north of the existing Stadium station south of downtown.

The big advantage to his plan, according to Constantine, is that in addition to eliminating the disruptive and harmful impacts of construction in Chinatown, it would set the stage for a whole new “neighborhood” centered around the site of the current King County Administration Building.

Compared to the “north-south” proposal, Sound Transit board member Claudia Balducc said, “this option would mean less out of direction travel and better connections for South and East riders [and] retain a one seat ride from South Seattle, South King and Pierce to the CID.”

Balducci’s proposal, co-sponsored by Washington State Department of Transportation director Roger Millar, would re-connect the “spine” of the system—which, under all previous plans, would be split into segments when expansion lines to Ballard and West Seattle open in the 2030s—keeping a one-seat ride from Lynnwood to Tacoma and, importantly, preserving the existing connection between South Seattle and the CID, which Constantine’s plan would eliminate. Essentially, it would create a true Ballard-to-West Seattle line (which no previous plans would do) while preserving connections to Chinatown from the east and south.

Compared to the “north-south” proposal, Balducci said, “this option would mean less out of direction travel and better connections for South and East riders [and] retain a one seat ride from South Seattle, South King and Pierce to the CID.”

Either of the two north-south options would eliminate the “Midtown” station, which would come the closest of any station to the dense First Hill neighborhood—echoing a similar decision in 2005, when the Sound Transit board voted to scrap a long-planned station in the neighborhood, a decision that eventually produced the First Hill streetcar.

“If Midtown Station goes away, then they need to understand that what they’ve done is eliminate the highest ridership station in all of ST3 and that is going to require that they mitigate the hell out of it,” said Transportation Choices Coalition Alex Hudson, who noted that many of the people who work in First Hill hospitals live south of Seattle and could have used the new light rail line to commute to their jobs. “That’s 15,500 people who were counting on excellent [rail] service and have been paying for it and won’t get it—that’s not small change. That’s a real harm.”

Mitigating for the loss of the Midtown station, which could come in the form of expanded bus or other transit service in the area, will add costs to the project—eating into any savings from eliminating the station, Hudson said.

TCC wants the Sound Transit board to keep an existing option, the Fourth Avenue “shallower” option, on the table; as long as they’re considering an unstudied plan, she said, the board should keep a more thoroughly vetted option on the table. Balducci has introduced a second amendment that would keep that option on the table, and said that since the new Constantine-Harrell plan will require a supplemental environmental impact statement, “we should use that time to also study and improve the 4th option as much as possible. Then we’ll have the ability to make the most informed choice,” Balducci said.

“Before we walk away from the option to have a great transit hub on 4th that could both serve the CID and connect our light rail lines most effectively to each other, Sounder, Amtrak and other modes, I’m asking that the agency look harder at ways to address community concerns,” Balducci added.

It’s unclear whether Balducci and Millar’s proposals will gain traction, or if the Constantine-Harrell plan has so much momentum that it will steamroll efforts to keep other options on the table. The board meets tomorrow at 1:30 pm.

Toilet Troubles at Kent Jail, Councilmember Invites Landlord Who’s Suing City to Lead “Housing Provider” Panel

1. Update: DAJD spokesman Noah Haglund says workers were able to adjust the flush limits in the double-bunked unit and people in that unit “remained in place. The toilets can now be flushed several times per minute.”

Earlier this month, as PubliCola exclusively reported, the King County Department of Adult and Juvenile Detention relocated 50 people from the downtown Seattle jail to the Maleng Regional Justice Center (MRJC) in Kent, part of a larger effort to reduce the downtown jail population. The minimum-security inmates are being “double-bunked” in cells that were previously occupied by one person each, with one guard overseeing just over 100 jail residents.

But an unanticipated problem has already swirled to the surface at the MRJC: The toilets, which sit out in the open, are programmed to only flush twice an hour, meaning anything that’s in the toilet after those two flushes has to stay in the toilet until the timer resets. The newly doubled-up jail residents are already complaining about the unsanitary situation in their tight living quarters, according to representatives for the unions that represent jail guards and public defenders.

“Imagine two people being in there—you’ve used your two flushes, and now you have to go to the bathroom, and whatever you do, it has to sit there for an hour. It’s not too pleasant for the two people who have to sit there in that small cell,” said Dennis Folk, head of the King County Corrections Guild. The regulated toilets also eliminate the option of a “courtesy flush,” which can reduce the nastiness of living and sleeping in the same room as your toilet.

DAJD spokesman Noah Haglund said the toilets in some MRJC cells have “flush meter limitations” because of a history of people flooding the cells or deliberately clogging the toilets. “Since the unit in question has not been double-bunked since prior to the onset of the COVID-19 pandemic, it was not initially flagged as a concern when the area was repopulated for double-bunked status,” Haglund said Friday, adding that the department would move people to another unit if they couldn’t figure out how to “reconfigure the toilets.”

The commotion over commodes isn’t the only issue with double-bunking people at the MRJC, however. The DAJD has struggled to hire and retain jail guards throughout the system, and the ACLU recently sued the county over conditions at the downtown jail, arguing that the department has violated an agreement from the 1990s known as the Hammer settlement.

Folk says the jail guards’ union has filed a demand to bargain over the decision to move 50 people to the RJC, noting that the 1:104 ratio of guards to inmates is far below the usual “direct supervision” standard of one guard for every residents. Haglund told PubliCola previously that although 1:104 isn’t ideal, the unit will be safe with just one guard because no more than 64 people will be out in the unit’s common area at one time. Folk disagrees, telling PubliCola, “The staffing ratio for this is just not safe.”

2. On Wednesday, City Councilmember Sara Nelson invited a panel of “housing providers”—landlords—to give a presentation in her economic development committee about the hardships they’ve faced as the result of Seattle’s tenant protection laws, including eviction moratoriums, notice requirements for rent increases, and the “fair chance housing” law, which bars landlords from denying people housing based on their criminal history.

The discussion was like a bizarro-world version of Councilmember Kshama Sawant’s frequent panels on renters’ rights, where, instead of tenants describing unfair evictions, landlords complained about nightmare tenants who were almost impossible to get rid of. Nelson is more aligned with landlords than tenants, so it’s not surprising she would push a counternarrative and highlight landlords’ concerns.

But the leader of the panel, MariLyn Yim, was still an unusual choice to lead a city-sponsored panel, because she has sued the city repeatedly, including one lawsuit that is still ongoing, in an effort to roll back tenant protections.

In their first lawsuit, which was unsuccessful, Yim and her husband, Chong Yim, challenged the city’s “first in time” rule, which attempts to reduce discrimination against tenants by requiring landlords to rent to the first tenant who meets basic qualifications.

In the second, they argue that the city’s law barring landlords from asking about prospective tenants’ criminal history (and deciding whether to rent to someone based on that history) violates their constitutional due-process and free-speech rights. “The Yim family could not afford to live in Seattle without the rental income from these properties,” the lawsuit says.

Yim said during her presentation that an “explosion” of new tenant protections has been driving small, “mom and pop” landlords out of the rental market. “I think families are really going to have a tough time as we lose the smaller rentals and there’s also a shift in ownership profile.

Just this week, the Ninth Circuit Court of Appeals ruled partly in favor of the Yims and their co-defendants, agreeing that the city has no authority to prohibit landlords from asking about a prospective tenant’s criminal history.

Yim said during her presentation that an “explosion” of new tenant protections has been driving small, “mom and pop” landlords out of the rental market, pointing to Seattle Department of Construction and Inspections (SDCI) data showing a “loss” of 11,000 housing units at buildings with fewer than 20 apartments. “I think families are really going to have a tough time as we lose the smaller rentals and there’s also a shift in ownership profile. There’s a lot of those larger properties that are less likely to be owned by local investors or members of the community,” Yim said.

However, that data actually refers to the number of units landlords have registered at the city; according to the report that was the source for Yim’s numbers, registrations with the city could have declined for a number of reasons, including relaxed enforcement by SDCI or the fact that “some landlords neglected or declined to renew their registrations during the pandemic.”

In addition to being a landlord and plaintiff in an ongoing lawsuit against the city, Yim is also a city of Seattle employee, earning $140,000 a year as a civil engineer for the Seattle Department of Transportation.

From the Other Side of I-5: Little Saigon Weighs In On Sound Transit’s Light Rail Expansion In the CID

Sound Transit's shallow Fourth Avenue Station option, one of several alternatives the agency is considering for light-rail expansionBy Friends of Little Sài Gòn

Sound Transit has the power to shape equitable development in neighborhoods south of Seattle’s downtown for generations. The political discourse over where to site a station essential for light rail expansion and potentially other non-car modes of transportation has become another existential battleground, falsely pitting our community’s fears of displacement, gentrification, and desire for transit equity in a city of hyper wealth inequality against the simultaneous and very urgent need for connected, reliable, efficient transportation options as a means to climate resilience. 

Based on the limited information we have about the newly proposed North and/or South of Chinatown/International District options introduced less than three months ago, we urge Sound Transit to select the 4th Avenue Station option with upfront mitigation commitments informed by small businesses, residents, and community members throughout the construction phase. In our review, the North/South options have similar risks of displacement and disruption as the 4th Ave. alternative, with few of the potential improvements, such as expanded accessibility, ease of use, and residential and commercial reinvestment.  

We believe the 4th Ave alternative(s) will deliver the greatest long-term benefit to our communities, including our families and neighbors who come from the south end or west side via transit. And it will shift our transit system toward more accessibility and one that takes our climate crisis seriously. 

To hold public officials accountable, we must commit to ongoing multi-year organizing, together, in order to advocate for legislation that will codify mitigation commitments to increase cultural place-keeping and affordable housing in the CID. This includes securing necessary budget allocations that resource efforts like the Little Saigon Landmark Project, which will include affordable housing, including family-sized units, and micro retail spaces. 

We believe the 4th Ave alternative(s) will deliver the greatest long-term benefit to our communities, including our families and neighbors who come from the south end or west side via transit. And it will shift our transit system toward more accessibility and one that takes our climate crisis seriously. 

The ongoing attention to racial justice in climate justice is coincidentally a reminder about the legacy of the decision to  build I-5 freeway. The consequences of this are still felt today, in a cordoned-off Little Saigon bisected from the rest of the CID.

Regardless of the alignment Sound Transit chooses, without proactive mitigation commitments for the CID, we foresee further destabilization and displacement, isolation, and loss of culture and identity that has already occurred in this historic neighborhood for multiple generations. We must organize together to ensure this does not happen. Before Little Saigon was home to the Vietnamese community, it was considered “Indian country” and it was also home to Black Seattleites. We reject the idea that we must choose between a connected neighborhood that will bring new developments at the risk of displacing those who currently call the CID home—or a splintered neighborhood resistant to change. It is not either-or. Nor are our communities a monolith. 

When Friends of Little Sài Gòn (FLS) was established in 2011, our mission was centered in preserving  and enhancing Little Saigon’s cultural, economic, and historic vitality. We envision Seattle’s Little Saigon as the hub of our Vietnamese American community, where families and businesses are thriving. Twelve years later, that mission has not changed. When the pandemic struck and Little Saigon was hit especially hard by public health measures and anti-Asian bias, many businesses shut their doors, not knowing if or when they would re-open. We worked with small businesses to connect them to resources or translate information essential to staying safe while staying open. 

Taking away an option that Sound Transit arrived at that is endorsed by thousands of community members and many anchoring nonprofit and business groups in the eleventh hour will erode trust and goodwill, and be a tremendous waste of taxpayer resources.

Friends of Little Sài Gòn is comprised of small business owners, artists and culture workers, educators, and advocates, most of us first-generation Americans with the shared commonality that we all love this neighborhood and what it means to us and our city. Many of us have worked here day-in and day-out, some of us for decades, and watched the neighborhood change—while others sought work in Seattle specifically because of its concentration of Asian Americans and their ethnic enclaves. 

And in service to this community, we remember the half-measures taken by the local government. The First Hill Streetcar—a project that was supposed to connect the CID to downtown and SLU—was scrapped after years of construction and disruption to the neighborhood, leaving a disconnected line with limited range. Just as connection and infrastructure have failed to materialize, so, too, have the benefits that it was supposed to bring. As our neighborhood is still recovering from three years of pandemic impacts, and decades of uncoordinated transportation planning without us, we are seeing higher residential rental and commercial vacancy rates when culturally relevant small businesses are essential in keeping our neighborhood vibrant, accessible, and safe.

We stand by the recent productive discourse between Sound Transit, elected officials, and the community members toward finding the most beneficial ways to implement a 4th Avenue option that will meaningfully connect the CID to other neighborhoods, to connect our elders, aunties, uncles, and cousins who live elsewhere but still consider the neighborhood ‘home’ and rely on transit to get here.

Taking away an option that Sound Transit arrived at that is endorsed by thousands of community members and many anchoring nonprofit and business groups in the eleventh hour will erode trust and goodwill, and be a tremendous waste of taxpayer resources. We urge Sound Transit, King County, and the City of Seattle to make the right decision in this once-in-a-century opportunity. 

Tam Dinh—Board President; Josh Brevoort; Hong Chhuor; Vy Nguyen; Mytoan Nguyen-Akbar; Huy Pham; Steve Scheele; Leeching Tran

Friends of Little Sài Gòn, Board of Directors 

Strauss Burke-Gilman Trail Proposal Revamps Rejected “Leary Alternative”

The “Leary Alternative,” with Councilmember Dan Strauss’ proposed change to an older version of the proposal marked inBu blue.

By Erica C. Barnett

When Seattle City Councilmember Dan Strauss announced, earlier this month, that he had come up with a plan to break a 29-year deadlock and complete the long-delayed Burke-Gilman Trail through Ballard, the response from local outlets who have covered the battle over the years ranged from mild praise to rapturous enthusiasm.

Seattle Bike Blog said Strauss’ proposed “Leary Alternative,” which would avoid conflicts with the industrial businesses that have stalled the trail’s completion with legal tactics for decades, marked “the biggest development in the Missing Link saga in years,” but noted that it could “spell doom” for a straightforward trail extension along Shilshole, the “missing link” of the trail. On the ecstatic end of the spectrum, the Stranger raved, “By God, Dan Strauss May Have Done It” in a piece touting Strauss’ plan to “satisfy everyone who’s had soooo much to say for the past two [sic] decades.”

Longtime bike advocates, however, noticed something about the plan: It wasn’t new. In fact, the city already painstakingly studied a very similar proposal, also known as the Leary Alternative, in a 2016 draft environmental impact statement (DEIS). The DEIS evaluated several plans to complete the Missing Link, including the Shilshole route, and concluded that Leary could be less safe for cyclists than the Shilshole option, in part because it included 13 intersections where cars and trucks would have to drive directly across the path.

“A connection on Leary that is built is safer than a connection on Shilshole that is never built.”—City Councilmember Dan Strauss

That’s “the most [intersections] of any of the alternative routes and substantially more than any existing portion of the [Burke-Gilman Trail], potentially making it a less desirable route for bicyclists and other trail users,” according to the DEIS—and potentially delaying trail users an average of 15-25 seconds when vehicles periodically block the trail. The Leary Alternative would also require sacrificing sidewalk space along parts of Market St., and could slow down buses on six different King County Metro routes, the report concluded.

Strauss says his plan, which shortens the distance bikes would spend alongside busy Leary Way by several blocks compared to the original Leary option, could be the breakthrough that resolves an apparently intractable conflict. “A connection on Leary that is built is safer than a connection on Shilshole that is never built,” Strauss said. Since the debate over the missing link began, the city completed work on a three-block stretch of path between 24th Ave. NW and the Ballard Locks; if that stretch had been completed in 2004, Strauss said, he wouldn’t have been riding his bike on the street several blocks north and gotten hit by a car.

Strauss also argues that Ballard has changed dramatically since advocates first started pushing for a trail along Shilshole three decades ago. “Ballard has gotten more dense,” he said. “We used to have industrial businesses on Market, Leary, Ballard [Ave. NW] and Shilshole, and in today’s Ballard, Market, Leary, and Ballard are almost exclusively commercial while Shilshole remains almost completely industrial.” The DEIS remarked on this transformation seven years ago, noting that a trail along Market and Leary “would run through [a] busy commercial district, which would provide a different recreational experience”—with more people going in and out of businesses on foot, for example—than the rest of the Burke-Gilman Trail.

“There’s a lot going on, and a lot of opportunities for conflict. Any [Leary Way NW] design would have to be really aggressive in prioritizing the safe movement of people on bikes, people walking, as well as all the other people using the space for other purposes.”—Cascade Bicycle Club policy director Vicky Clarke

“There’s a lot going on, and a lot of opportunities for conflict” along Market and Leary, said Vicky Clarke, the policy director for Cascade Bicycle Club. “Any design would have to be really aggressive in prioritizing the safe movement of people on bikes, people walking, as well as all the other people using the space for other purposes,” like crossing from parking spaces to stores ad waiting for the bus.

The proposed route also includes a large number of utility poles that the trail will have to “wiggle around,” Clarke said. “When you’re designing around a bus stop or utility poles or businesses, it has the potential to erode the user experience, safety, and comfort, so there’s a lot of challenges to designing this route.”

Strauss has asked Mayor Bruce Harrell and Seattle Department of Transportation director Greg Spotts to study his alternative using money set aside to complete the trail. But even if the city decides to end the “missing link” impasse by building a revamped Leary alternative, Clarke notes that “there’s still going to be people biking on Shilshole because it’s the most simple and direct route to connect with the existing Burke-Gilman, so there still need to safety improvements along Shilshole.” Strauss says he agrees, and would start by fixing the variable pavement—which at different points consists of concrete, asphalt, and gravel—and provide better signage for driveways and parking spaces instead of the plastic drums and poorly marked gravel lots that serve those purposes now.

Clarke said the changes to Shilshole will need to go beyond flatter pavement and better signage. For example? Well, she said, “there’s a really good design for a trail.”

Responding to Feedback, Skepticism, Homelessness Agency Proposes Modest Changes to Ambitious Five-Year Plan

 

The KCRHA has an ambitious plan to fund and reform the homelessness system over the next five years.

By Erica C. Barnett

After an initial draft of the King County Regional Homelessness Authority’s Five-Year Plan prompted skeptical responses from local leaders—who questioned the proposal’s multibillion-dollar price tag and ambitious timeline for addressing issues the region has been struggling with for decades—the agency is considering a slate of revisions that aim to address some, but not all, of those concerns. The Five-Year Plan is the document that will guide KCRHA’s budgeting and policy decisions for the next five years.

The staff report, which recommends a total of 78 technical changes, substantive policy updates, and new strategies, will be the basis for the final, revised Five-Year Plan that the KCRHA’s implementation board is set to adopt in April. A subcommittee of that board has agreed to let the agency move forward with all the “technical” changes (including some that are arguably substantive, such as folding in tiny house villages with other types of congregate shelter instead of singling them out for zero funding—more on that in a moment) and plans to focus on the 24 substantive policy changes during its weekly meetings over the coming month.

The draft plan proposes that the region spend $10 billion or more over five years to create more than 18,000 new temporary spaces for people to live, including 7,100 new shelter beds, 3,800 medical respite beds for people with acute health-care needs, 4,700 new safe parking spaces for people living in RVs or their cars, and 2,600 beds for people who need support with addiction recovery. The plan estimates that RV and vehicle parking lots alone will cost almost $200 million over five years.

“The costs associated with this Plan, particularly those identified for increasing housing supply, clearly far exceed any currently available funding in the region,” Bellevue City Manager Brad Miyake wrote in a letter responding to the initial plan. “Further, housing development is beyond the scope of KCRHA’s mission and relies on other housing providers.”

Others objected to what they called an unrealistic timeline. Each strategy in the five-year plan includes a 24-month “action plan,” and many of these action plans call for quick resolution of problems that have persisted for years—establishing a system where anyone can see real-time shelter availability across the region, convincing suburban cities in every part of the county to sign on as funders of the regional homelessness system, and requiring all service providers to pay “liveable wages,” to name a few examples.

One recurring piece of feedback KCRHA staff didn’t include in their is skepticism about the number of “safe parking” spaces the plan would fund—more than 3,100 spaces for passenger vehicles and 1,600 for RVs. Siting even a handful of spaces for RVs has been a nearly insurmountable challenge, and most existing “safe parking” lots for cars are hosted by churches and other private organizations on a temporary basis, each hosting no more than a handful of cars at a time.

Some suburban leaders objected to the plan’s emphasis on non-congregate shelter—an umbrella term for shelter where people sleep semi-privately, instead of sleeping in large rooms—over traditional congregate shelter, which is the most common form of shelter on the Eastside and in South King County. The current plan calls for phasing out all congregate shelters; meanwhile, Bellevue’s long-planned (and much delayed) Eastgate men’s shelter will have its grand opening later this year.

“The Eastside is not seeing a decrease in demand for congregate shelter,” Kirkland City Manager Kurt Triplett wrote in his letter responding to the plan. “Additional temporary housing models would need to come online to address existing need as congregate shelter is phased out. The Plan needs specific strategies for how this shift happens.”

Congregations for the Homeless, which runs Bellevue’s existing men’s shelter, also objected to the plan’s emphasis on non-congregate shelter, noting that the methodology KCRHA used to come up with the plan relies heavily on 180 interviews with people experiencing homelessness that did not directly ask people what kind of shelter they preferred. Instead, the interviews relied on questions like “During this time, what things or people have been helpful to you?” and “What has your experience been like accessing [various types of] services?”

Alexis Mercedes Rinck, KCRHA’s sub-regional planning and equitable engagement director, said the authority has heard cities’ feedback about the need to “maintain the existing spaces that we have,” including congregate shelter, and will be “taking that into account, looking at the local context of very recent local investment into some newer facilities that have been built and are coming online,” like the Bellevue men’s shelter, while focusing on “non-congregate options” in the future.

Those non-congregate options will now include tiny house villages, after persistent lobbying from the Low-Income Housing Institute, which runs most of the tiny house villages in the region. LIHI and other proponents of tiny houses—small, individual shelters clustered in “villages” of several dozen—have objected vociferously to the fact that the Five-Year Plan calls for no new funding for tiny houses, using the same set of 180 interviews to determine that people experiencing homelessness prefer other options.

“Anecdotally, we repeatedly hear from outreach workers that nine out of ten of unsheltered people tell them their first choice is a tiny house,” Lee wrote. “This raises a big question about the plan’s methodology. We understand that to determine the relative needs for different temporary housing models, KCRHA used a sample of 180 individuals, selected from 1000 interviews they conducted during the 2022 point in time count. That means KCRHA based the entire 5-Year Plan for the 53,754 individuals they estimate may become homeless in each of the next five years on one sample of 180 individuals.”

The inclusion of tiny houses with all other types of congregate shelter doesn’t mean KCRHA will actually pay for more of them, though. This year, the agency is re-bidding all of its homeless service provider contracts; according to agency spokeswoman Anne Martens, “we will be doing [requests for proposals] for non-congregate shelter, of which some of those may be tiny houses.”

One recurring piece of feedback KCRHA staff didn’t directly integrate into their revisions is fairly widespread skepticism about the number of “safe parking” spaces the plan would fund on an ongoing basis—a total of more than 3,100 parking spaces for passenger vehicles and 1,600 spaces for RVs. Siting even a handful of spaces for RVs has been a nearly insurmountable challenge, and most existing “safe parking” lots for cars are hosted by churches and other private organizations on a temporary basis, each hosting no more than a handful of cars at a time.

Although the Five-Year Plan categorizes car and RV residency as a type of “temporary housing,” the US Department of Housing and Urban Development classifies it as a type of unsheltered homelessness. In any case, Congregations for the Homeless interim director Steve McGraw wrote, “it is rarely the therapeutic or healthy option—either for the individual or the community. Safe Parking has a place in our tool box of temporary ‘housing’ options, but it should be the last choice to serve people … especially in a time of finite resources, even more so when there are better temporary housing options worthy of funding.”

The inclusion of tiny houses with all other types of congregate shelter doesn’t mean KCRHA will actually pay for more of them, though. This year, the agency is re-bidding all of its homeless service provider contracts; according to agency spokeswoman Anne Martens, “we will be doing [requests for proposals] for non-congregate shelter, of which some of those may be tiny houses.”

One area where there appears to be some general agreement among critics, board members, and the agency itself is that the region’s current approach to winter (and other severe-weather) shelter—a panicked annual rush to open ad hoc shelters in locations that change from season to season—isn’t working. “We know that this on-and-off-again system is really just not working for anybody,” Rinck said. The question is what to do about it.

Some advocates suggested opening winter-only shelters every year, as the city of Seattle did until 2021, instead of “activating” emergency shelters when the weather hits a certain threshold. KCRHA’s proposed changes call for incorporating funds for severe weather shelter into existing contracts and moving toward a “seasonal” rather than ad hoc system; it also includes a new “technical” (but actually substantive) change that would require the agency to ensure adequate staffing at severe weather shelters even when the agency itself shuts down, like the two-week holiday closure that coincided with a major winter storm last December.

However, Rinck noted that even with those changes, the region’s severe weather system will face challenges. “It tends to be in severe weather instances that folks who traditionally don’t come inside, [those with] really complex behavioral health needs and high-acuity folks, will come inside,” Rinck said, and many winter shelters are run by volunteers who “just aren’t trained to be able to meet [their] needs.” This year, Seattle’s main winter shelter, Compass Housing Alliance, decided not to seek a renewal of its contract with KCRHA, a major gap in service that needs attention this year, before the KCRHA can start working on loftier goals like a coordinated regional winter shelter system. 

During recent meetings about the draft five-year plan, KCRHA implementation board members have repeatedly expressed skepticism about the scale and ambition of the plan, worrying that it proposes too many unfunded plans, too fast, and with too little prioritization to represent a real plan that can be implemented in the next five years. Ben Maritz, an affordable housing developer and Bruce Harrell appointee, summarized this perspective at a recent committee meeting. “I  think that the focus needs to shift to what can we do to move people inside as quickly as possible and given that the major barrier to doing that is the availability of emergency housing or shelter, the focus of the plan really should be on trying to stand that up.”

The next virtual-only meeting of the system planning committee will be Tuesday, March 23, from 3 to 5pm; information about how to watch the meeting will be available at some point this week on the KCRHA’s website, where you can also view some (but not, at the time of this publication, the most recent) previous committee meetings.

 

Unions Protest City’s “Insulting” 1 Percent Wage Increase Proposal

By Erica C. Barnett

The Coalition of City Unions, an umbrella group for 11 unions that represent more than 6,000 city employees, is protesting what they call an “insulting” contract proposal from the city, which would raise workers’ wages just 1 percent in 2024, and a maximum of 2.5 percent over the next four years. That’s far less than the rate of inflation, which topped 8 percent in Seattle last year, with higher price increases for basics like groceries (11.3 percent) and housing (10.7 percent).

As a point of comparison, Seattle police officers received a 17 percent pay increase after their last contract negotiation, with retroactive pay increases between 3 and 4 percent a year for the years they worked without a contract. The city council approved hiring bonuses of up to $30,000 for police last year. More recently, city attorney Ann Davison applauded the council and mayor for voting to increase city prosecutors’ pay by 20 percent, saying the boost would “allow us to recruit and hire in order to fully staff our prosecutor positions in the Criminal Division.”

The unions made their initial proposal—a 10.2 percent pay increase—last September. The city came back with its own proposal six months later, three months after the 2022 contracts expired. Union members say they were disappointed by the long period of silence from Mayor Bruce Harrell and his negotiators, and appalled by the lowball counteroffer—especially after Harrell and other city leaders professed their appreciation for essential workers who didn’t have the option to work from home during the pandemic.

Stefan Schmidt, a recreation center coordinator with the Parks and Recreation Department, helped coordinate and run child care centers for pandemic first responders, a job that exposed him to the risk of COVID and meant he couldn’t come into close contact with family members during the early months of the pandemic.

“The impression [Harrell] gave was, this is going to be cooperative, and we’re all going to work together and we’ll come out with something that’s beneficial for both of us,” said Ed Hill, a maintenance supervisor with Seattle City Light. “And when that 1 percent [offer] came out—I mean, it was very, very insulting.”

After working all day at a community center that also provided showers to the public, “I couldn’t come home and hug my dad,” Schmidt said. “And so when we got a 1 percent offer, after being kind of used as the fix-it for just about everything in the pandemic—which, don’t get me wrong, we deeply care about the community—it was just really insulting and felt consistent with feeling used as as a staff member and not appreciated.”

Shomari Anderson, a drainage engineer with the city’s Department of Construction and Inspections, has felt the pinch of higher prices for everything from groceries to housing. Recently, after living in Seattle for 13 years, he had to move because he couldn’t afford to live in the city anymore. Seeing the latest contract offer, he said, “I felt as if the mayor and the City Council’s record of supporting essential workers through the pandemic went out the window.”

Aimee Kimball, an engineer at Seattle City Light, said she’s had trouble finding qualified engineers who are willing to work for what the city pays, given the high cost of living in the region. “The last time we put out a posting for two senior engineers, 50 percent of the candidate pool didn’t even have an engineering degree. The rest of them still weren’t qualified, but half of them didn’t even have college degree,” she said.

At the beginning of contract negotiations in September, Mayor Harrell showed up in person to address city union members directly and express his commitment to a collaborative, positive negotiating experience—the first time union leaders can recall a mayor doing so. City employees said Harrell’s gesture of goodwill gave them hope that the city would come back with an offer that reflected the rising cost of living and showed an appreciation for their work over the last few stressful years.

“The impression [Harrell] gave was, this is going to be cooperative, and we’re all going to work together and we’ll come out with something that’s beneficial for both of us,” said Ed Hill, a maintenance supervisor with Seattle City Light. “And when that 1 percent [offer] came out—I mean, it was very, very insulting.” Hill’s team was responsible for “literally keeping the lights on” during the pandemic—a job that became more difficult when more people were at home, putting stress on the system.

“We basically carried the city through the pandemic, and now they just throw 1 percent at us with the attitude that we should be happy that we’re getting anything… like anything over zero is a gain,” Hill said. “But the price of gas has gone up. The price of food has gone up. We still have to eat. I still have to drive to work every day. I still have to feed my myself and my family.”

A spokesman for Harrell’s office declined to comment on the contract proposals, citing ongoing labor negotiations.

The Coalition of City Unions has created an online petition calling on the city council and Harrell to “act with the necessary urgency to provide a fair contract that shows tangible respect for workers.” The petition currently has about 4,200 signatures.

Catriana Hernandez, a 911 dispatcher, says she’ll believe the city appreciates essential workers like her when she sees a contract proposal that includes to a pay increase, not an effective pay cut. “It’s really easy to thank someone verbally and not follow through. Gratitude is like apologies. … I think it’s easy to say it, and it’s harder to make it happen. And that’s where we see if we’re actually appreciated.”

“High Utilizers” Report Embraces Jail as Solution to Addiction and Crime

By Erica C. Barnett

When City Attorney Ann Davison announced her “high utilizers initiative” last year, she said it would go beyond previous attempts to punish people who commit misdemeanors by connecting them to case management, treatment, and other services. In reality, according to a report from Davison’s office, the initiative has only managed to temporarily incapacitate some people by locking them in the understaffed downtown jail, a “solution” to crimes like shoplifting and trespassing that does nothing to address the root causes that lead people to use drugs, steal from stores, and act out in public.

The report appears to feature a lot of hard numbers, but a closer look reveals that many are based on assumptions about how individual people would behave—assumptions that would undoubtedly be altered by effective interventions like housing, mental health care, and addiction treatment focused on harm reduction rather than coercion.

According to the report, the high utilizers list included 168 people over the last year—all individuals who have had at least 12 misdemeanor referrals to the city attorney’s office over the prior year, and at least one in the most recent eight months. Of those, 142 were booked into the downtown jail for misdemeanors or warrants, under a special exception to jail rules that have eliminating booking for most misdemeanors. On average, each “high utilizer” served 117 days in jail in jail last year—nearly four months per person.

In January and February 2022, before the high utilizer initiative went into effect,  the average daily population at the downtown jail was 910; for the same period this year, it was 1,220. The increase is the result of a complex mix of factors, but jailing 142 people for low-level misdemeanors is undoubtedly among them.

Because most of the people on the high utilizers list ended up incarcerated, the report notes, they ended up fewer crimes than they had in previous years, averaging 2.7 misdemeanor referrals per year compared to a pre-initiative average of 6.3. This, the report says, is proof the initiative is working: “The principal reason for the significant drop in high utilizer criminal activity was that they were quickly held accountable and booked into jail for their criminal activity,” the report says. “Holding high utilizers accountable for repeat criminal conduct is the game-changer that reduced their impact on the City.”

Already, these numbers are speculative—who can say, for example, whether a “high utilizer” who received housing and case management, rather than blunt-force punishment, would have gone on to commit their own “average” number of misdemeanors? The report veers further into extrapolation and guesswork with an “estimate” that locking people on the list up for misdemeanors has prevented “over 750 criminal police referrals reflecting many thousands of criminal acts.” If this is true (and if “high utilizers” are really superpredators who deserve harsher treatment, including exclusion from community court), the city’s overall misdemeanor rate should have declined appreciably. Yet according to the Seattle Police Department’s 2022 crime report, misdemeanor theft (which includes shoplifting and theft from buildings) went up 5 percent last year.

The report includes “examples of reduced public safety impact” identifying some of the high utilizers by first name and last initial, making them easily identifiable—something PubliCola has not done when writing about the initiative in an effort to avoid re-traumatizing people who may have been targets of negative media attention. It also lists people, by name, who “absconded” from mandatory treatment for their addictions or died during the period covered by the report.

Not surprisingly, the report also concludes that people “failed” to follow through with coercive residential treatment, which has an extremely low success rate, particularly for people with co-occurring mental illness and those experiencing homelessness. Even people who voluntarily enter residential treatment for opiate use disorder are likely to leave against medical advice, and the vast majority of people who enter traditional residential treatment relapse—facts that ought to argue in favor of different solutions, rather than more of the same.

According to Davison’s report, though, the problem is that the people on her list just aren’t “ready” to accept the treatment they’re offered.

Image from original high utilizers initiative announcement

“While there were a small handful of success stories, the great majority of times in which out-of-custody addiction treatment services were offered and accepted, the defendant fled within the first 24 hours,” the report says. “At least five high utilizers absconded on more than one occasion when they were given a chance to address their substance use disorders with treatment. … That leads us to the conclusion that most high utilizers are not ready to go direct to out-of-custody, voluntary addiction treatment programs.”

“If individuals stabilize during in-custody time, there is an opportunity to successfully graduate the individual to out-of-custody residential treatment after they had demonstrated active participation,” the report concludes.

King County does offer medication for opiate dependency behind bars—an evidence-based solution that, unfortunately, doesn’t work long-term if a person doesn’t have immediate access to equivalent treatment when they’re released. As we’ve reported, the county’s jail-based treatment programs suffer from the same lack of staffing that has led the ACLU to sue the county over inmates’ lack of access to basic physical and mental health care; jail-based treatment also has the best chance of succeeding if people can immediately access housing and health care when they’re released, something the jail system is poorly equipped to provide.

County Moves Another 50 from Downtown Jail Amid ACLU Lawsuit Over Jail Conditions

By Erica C. Barnett

Less than a week after a King County Council committee tentatively approved plans to move 50 people from the downtown King County jail to the South Correctional Entity, at a cost to the county of $3.5 million, the downtown jail quietly transferred another 50 minimum-security inmates to the Maleng Regional Justice Center (MRJC) in Kent over the past weekend, emptying out a unit on the downtown jail’s third floor. According to DAJD spokesman Noah Haglund, the majority of the people who are being moved are facing misdemeanor or non-violent felony charges.

The MRJC has suspended most bookings for months because that facility—like the downtown jail—doesn’t have enough staff to book people except by appointment, Haglund said. The 50 people transferred to the Kent jail are being “double-bunked” in a unit that previously housed about 50 people, bringing the total number of people incarcerated in the Kent unit to 104. A single officer will oversee the doubled-up unit, one of the “efficiencies” DAJD director Allen Nance referred to in a memo announcing the move on March 10.

Haglund said the unit has a capacity of 115.

“We base our current staffing on how many individuals in the housing unit are out of their cell at any given time and their classification status,” he said. “One officer can supervise a maximum of 64 people in the dayroom (the “common area” in the unit) at a time; the number of people in the dayroom at any given time will not exceed the maximum levels prior to the recent transfer.” Ideally, Haglund said, “we would prefer a 1:64 ratio for officers to number of people supervised at this facility,” which would require an additional officer, but “there is no single ratio that would apply across all housing units and classification types.”

The King County Corrections Guild President has filed a demand to bargain because of the higher staffing ratio, which union president Dennis Folk says still exceeds the 1:64 ideal. “What they’re saying is, ‘You’re only managing the 40 or 50 that are coming out at one time,’ and we’re like, that’s not the case. We still have all the other people we have to manage” at the same time—people who may need out of their cells for medical care, appointments, and visitation.

“Leadership will be working with staff to develop the safest unit schedules and operational practices. We are committed to increasing the ratio of staff to residents as our staffing improves, but also believe that moving these residents from KCCF to MRJC will improve current living conditions for those in our custody and in turn lower the daily operational challenges for our staff.”—DAJD director Allen Nance

According to Nance, jail “[l]eadership will be working with staff to develop the safest unit schedules and operational practices. We are committed to increasing the ratio of staff to residents as our staffing improves, but also believe that moving these residents from KCCF to MRJC will improve current living conditions for those in our custody and in turn lower the daily operational challenges for our staff.”

The DAJD has struggled to recruit and retain jail guards in its adult and youth jails. told PubliCola the department needs to hire more than 100 net new officers to reach the point where guards no longer receive 2.5 times their regular pay for working voluntary (as opposed to mandatory) overtime shifts. Folk said emptying out the third-floor unit would eliminate the need for one guard.

The downtown jail population, which bottomed out during COVID (when booking restrictions limited the number of people booked for low-level crimes), has rebounded to more than 1,200, without a commensurate uptick in staffing. King County Executive Dow Constantine has pledged to close the downtown jail , but the population has trended in the opposite direction of closure, prompting protests from advocates who argue that the county should stop booking non-violent felonies until the jail can guarantee adequate physical and mental health care and ensure the safety of incarcerated people.

The ACLU of Washington sued King County last month, alleging that conditions at the downtown jail are so bad that they violate a 1998 agreement known as the Hammer settlement, in which the county agreed to address overcrowding and poor medical care, and understaffing at the jail. The DAJD’s recent efforts to transfer people out of the downtown jail are widely viewed as an attempt to come closer to compliance with that settlement.

According to Molly Gilbert, the president of the union that represents the county’s public defenders, moving people to RJC—as opposed to SCORE—could be a positive for defense attorneys, if the people who get moved to Kent are defendants from the area; currently, Department of Public Defense (DPD) attorneys have to travel to downtown Seattle to meet with their Kent-area clients. “However, we have no idea what population they actually moved,” Gilbert added.

Meanwhile, the public defenders’ union is trying to get King County Councilmembers to add an amendment to the legislation approving the contract with SCORE that would spell out DPD’s visitation needs and require a quarterly report on how the contract is going. The full council will take up that legislation, which passed out of committee unanimously, next week.