New State Drug Laws May End Some Deportation Proceedings, But Risks Remain

King County Detention Center, Seattle (Photo: PubliCola)

By Paul Kiefer

When the Washington State Supreme Court ruled in February that the state’s harsh drug possession laws were unconstitutional, most lawmakers, prosecutors and defense attorneys hurried to prepare for the ruling’s vast consequences for the state’s court system and the tens of thousands of people whose convictions for drug possession are now baseless.

Among those impacted by the ruling, State of Washington v. Blake, are immigrants convicted for simple drug possession under Washington’s pre-Blake drug laws. Some are currently facing deportation because of a drug possession conviction; others have already been deported.

Ann Benson, the Directing Attorney of the Washington Defender Association’s Immigration Project, says immigrant rights groups around the state are still trying to tally the number of immigrants who could be impacted by the Blake decision; her office estimates that at least 75 people in Washington Department of Corrections custody fall into that category. While Immigration and Customs Enforcement (ICE) officials could provide a more exact figure, Benson says they have not yet done so.

The Blake decision is most consequential for green card holders, for whom a criminal conviction can either create an obstacle to government services—federal student loans, for example—or trigger deportation,

For those immigrants, the Blake decision has eliminated the federal government’s justification for their deportations, providing a source of hope for those who have been separated from their families during deportation proceedings—and potentially for those who have already been deported.

But a newly passed law that partially re-criminalizes drug possession dampens the implications of Blake for the future of immigration enforcement in Washington.

The Blake decision is most consequential for green card holders, for whom a criminal conviction can either create an obstacle to government services—federal student loans, for example—or trigger deportation, depending on the charge. Because the state supreme court’s ruling nullifies past drug possession convictions, some green card holders with criminal records now have a chance to avoid some of those consequences. Those facing deportation for a drug possession conviction can now file a motion in a county criminal court to vacate their conviction; without a conviction, ICE can’t move forward with their deportation.

Tim Warden-Hertz, the managing attorney with Northwest Immigrant Rights Project, said the pace at which immigration courts respond to Blake will depend on ICE, whose attorneys serve as prosecutors in deportation cases. “ICE has the discretion to be proactive,” he said. “They can move on their own to reopen cases—and, for that matter, to terminate cases.” An ICE spokesperson did not answer PubliCola’s questions, including about whether their attorneys plan to end deportation proceedings unilaterally.

Warden-Hertz added that, thanks to Blake, former green card holders deported for drug possession convictions might be able to return to Washington once a court vacates their conviction. “If we can reopen their cases,” he said, “then the client regains their green card, which means they regain their lawful permanent resident status and should be able to travel back to the United States.” Thus far, he said, his legal team have only identified one client who may be able to reclaim their green card. Continue reading “New State Drug Laws May End Some Deportation Proceedings, But Risks Remain”

As Summer Approaches, Encampment Sweeps Ramp Up

By Erica C. Barnett

As summer approaches, the city has accelerated the pace of homeless encampment removals, which declined dramatically during the pandemic thanks in part to public health guidelines that cautioned against moving people from place to place.

But now that many people are vaccinated and students are returning to school, notices of impending encampment removals are starting to show up again in parks and other public spaces around the city. The Parks Department, which is in charge of removing most homeless encampments after the dissolution of the Navigation Team, will post notices like the one above at seven “high-priority” encampments this week. If people are still on site on the day of a posted removal, the department can remove their property, including tents and survival gear. The encampments are:

Madrona Park (Madrona)
Albert Davis Park (Lake City)
Second Ave. Extension (Pioneer Square)
Hubble Place/Convention Center (Downtown)
Amy Yee Tennis Center (Mt. Baker)
Broadway Hill Park (N. Capitol Hill)
8th and King St. (Pioneer Square)
The city refers to these sweeps as “MDAR removals,” a reference to the multi-department administrative rules that describe how and when the city can remove encampments. Generally, the city justifies such sweeps by saying an encampment is obstructing the use of a public space or poses a danger to its residents or the surrounding community. For example, the city recently removed a large encampment in Miller Park on Capitol Hill, arguing that the homeless residents posed a danger to middle-school children returning to school nearby and were preventing youth sports leagues from using using the park.
We have asked the Parks Department and Mayor Durkan’s office why they chose these specific encampments for removals and will update this post when we hear back.
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When the city decides to “prioritize” an encampment for removal, the Human Services Department’s HOPE team notifies outreach workers who work to connect people living there to shelter and services. Two days before a sweep, city staffers post a sign announcing the time and date when everyone has to leave a location.
A persistent problem with this approach, going back to the days when the HOPE Team was known as the Navigation Team and included a large contingent of police, is that people often mistrust city government and don’t want to move into shelter, which is often a poor fit for people with complex mental health issues or those who simply prefer the privacy, autonomy, and community an encampment provides, however tenuously. Lately, the city has been referring some encampment residents to the Executive Pacific Hotel, where the Low-Income Housing Institute has 139 shelter rooms.
On the day of a removal, cleanup crews from the city’s Parks Department, who are not outreach workers, in remove any tents, trash, come through to remove any tents, trash, or possessions that remain. Nonprofit outreach workers and HOPE team members, according to Durkan spokeswoman Rachel Schulkin, also show up to offer shelter referrals on the day encampments are removed; “for instance,” she said, “11 referrals to shelter were made at Gilman Playground last week, with transportation assistance also being provided.”

Continue reading “As Summer Approaches, Encampment Sweeps Ramp Up”

Deputy Mayor Sixkiller Joins Crowded Mayoral Race; Police Union Joins Calls for Sheriff’s Resignation

Deputy mayor Casey Sixkiller at the opening of King’s Inn hotel shelter.

1. Deputy Mayor Casey Sixkiller joined the crowded race for mayor Tuesday, after months of hinting that he would make an announcement soon. He told PubliCola that, if elected, he would propose a bond measure, backed by a property tax increase, to build 3,000 new permanent homes for people experiencing homelessness; back a local version of universal basic income; and work to find “common ground” between people on all sides of the homelessness issue.

“If there’s one issue that we can all agree on, it’s that the conditions of our parks and our streets is unacceptable, and despite spending a record amount of money, homelessness has gotten worse,” Sixkiller said. “One part of the strategy for homelessness going forward is, number one, continuing to move more folks inside and creating safe spaces for people to move into shelter, but second, we’ve got to build or require more permanent places for folks to [live].”

Sixkiller is leaving the mayor’s office to campaign full-time.

As deputy mayor, Sixkiller was in charge of overseeing Mayor Jenny Durkan’s response to homelessness. In that role, he often clashed with the city council, defending Durkan’s reluctance to open more restrooms for unsheltered people early in the pandemic and proposing a huge new “shelter tent” for homeless people in early April of last year, when it had already become clear that COVID-19 could spread quickly in mass shelters. But he also advocated for hotels as a replacement for congregate shelters later that year, negotiating a compromise between the mayor (who was not a fan of hotels) and the council that ended up resulting in about 200 hotel-based shelter beds, with another hotel in north Seattle on the way.

“I think what the charter amendment underscores is that folks across our city and from all ends of the spectrum want to see results… both for folks that are experiencing homelessness and those impacted by it. As an organizing principle, it’s a really important thing.”—Casey Sixkiller

Sixkiller wouldn’t say whether he supports the “Compassion Seattle” initiative, which would impose a new human services spending mandate on the city and lays out conditions for future sweeps. “I’m still looking at” the proposal, he said, adding, “I think what the charter amendment underscores is that folks across our city and from all ends of the spectrum want to see results… both for folks that are experiencing homelessness and those impacted by it. … As an organizing principle, it’s a really important thing.”

Before joining the mayor’s staff, Sixkiller worked briefly as the chief operating officer for King County. Prior to that, he founded a D.C.-based lobbying firm, Sixkiller Consulting, with his wife.

So far, there are 16 candidates in the mayoral race; the filing deadline is May 21.

2. Sixkiller’s departure leaves an open position at the mayor’s office, but not for long; Durkan’s office says they plan to bring former deputy mayor David Moseley out of retirement to take Sixkiller’s place. Moseley will take over most of Sixkiller’s portfolio, which includes transportation, utilities, parks and housing, but deputy mayor Tiffany Washington will be in charge of homelessness.

Washington headed up the city’s Homelessness Strategy and Investment division until 2019, when she resigned to take a position in the city’s Department of Education and Early Learning. Her relationship with the city council could charitably be described as tense; her explanations for city policies such as an earlier increase in encampment sweeps were often vague and inconsistent, and was often defensive in response to criticism, including from journalists who questioned the city’s sunny claims about homelessness.

Durkan hired Washington for her current position last year.

3. The latest call for King County Sheriff Mitzi Johanknecht’s resignation is coming from inside the house: on Monday, the King County Police Officers’ Guild—the union representing most of Johanknecht’s sworn officers—joined county and state lawmakers pressuring Johanknecht to step down from her post.

Guild President Mike Mansanarez told PubliCola on Tuesday that his union’s members have lost confidence in Johanknecht’s competence as a leader and ability to communicate with her officers and other county leaders. “The rank and file don’t see [Johanknecht’s] leadership team—they don’t come to the precincts,” he said. He added that union members are frustrated with some of Johanknecht’s appointment decisions, and with the sheriff’s perceived willingness to overlook misconduct by her appointees.

Opposition to Johanknecht grew in March, after the county reached a a $5 million settlement with the family of Tommy Le, a 20-year-old killed by King County Sheriff’s deputy Cesar Molina in 2017. Continue reading “Deputy Mayor Sixkiller Joins Crowded Mayoral Race; Police Union Joins Calls for Sheriff’s Resignation”

Olympia Fizz: More Calls for Inslee to Reject Weakened ADU Bill; State Rejects Eyman’s Anti-Capital Gains Tax Efforts

1. A pro-renter outcry against watered-down state legislation emerged this week when two dozen organizations and businesses signed on to a letter, originally drafted by the progressive Sightline think tank; the Sightline letter, which we reported on last week, asks Gov. Jay Inslee to issue a partial veto of accessory dwelling unit legislation that state representatives amended with anti-renter provisions.

Joining Sightline in a mini-rebellion against the House Democrats’ changes? The AARP of Washington, Climate Solutions, 350 Seattle, Amazon, the Washington State Labor Council, SEIU 775, and the Sierra Club, among others.

As we reported, the initial proposal, by state Sen. Marko Liias (D-21, Edmonds), would have banned owner-occupancy for secondary units, such as backyard cottages, allowing renters to live in both single-family houses and their accessory units—opening up exclusive single-family neighborhoods to more people. However, state Rep. Gerry Pollet (D-46, North Seattle) kicked off a House process that led to a radical rewrite, allowing owner occupancy mandates and imposing new restrictions designed to prevent homeowners from renting out their secondary units as Airbnbs.

Joining Sightline in a mini-rebellion against the House Democrats’ changes? 350 Seattle, AARP Washington, Climate Solutions, the Washington State Labor Council, and the Sierra Club, among many others.

“ADUs alone will not solve the state’s housing shortage,” the letter says. “But they are the gentlest way communities can add relatively affordable homes that offer lower income families more choices and allow seniors to age in place.”

2. Coming off yet another major legal loss, anti-tax activist Tim Eyman has stumbled again. The Republican Washington Secretary of State’s office threw out all four of Eyman’s anti-capital gains tax (SB 5096) referendum proposals.

The capital gains tax bill, which passed this year, would impose a 7 percent tax on capital gains of $250,000 or more, but conservatives are already champing at the bit to stop it from taking effect. Earlier this week, two conservative groups filed lawsuits against the bill, arguing that it constitutes an unconstitutional income tax.

Rejecting the measures, Washington State Director of Elections Lori Augino cited the bill’s necessity clause, an amendment added by Rep. Noel Frame (D-36, Seattle), which says that the tax is “is necessary for the support of the state government and its existing public institutions.” This places it outside the scope of citizens’ referendum power, Augino wrote.

Eyman’s referendum method would have been the safest option for conservatives to stop the bill. The other options are a lawsuit or a voter initiative, which requires twice as many signatures—about 325,000, or 8 percent of the votes cast in the last gubernatorial election.

While the lawsuits could also upend the Democrats’ plans, they may also backfire on the conservatives. The Washington State Supreme Court could uphold the tax by ruling that it’s an excise tax, not an income tax. Or they could overturn a 1933 decision that defined income as property, which, under the state constitution, must be taxed at a 1 percent uniform tax rate. If the court overturns that ruling, Democratic lawmakers would finally have the opportunity to pass a graduated income tax in the state.

Community Groups Support Equitable Development Staffers; Sidran Opposes “Compassion Seattle”

1. Members of Seattle’s Equitable Development Initiative board, along with dozens of community organizations, signed a letter of support for two EDI leaders at the city’s Office of Community Planning and Development who wrote a scathing letter late month accusing Mayor Jenny Durkan and OCPD of emotionally abusing EDI staff while sowing division among the communities EDI is supposed to support.

“As community stakeholders and EDI Board members, we… have witnessed the emotional labor required of EDI staff, valued for their deep ties to community, but directed to lead this program in a way that has perpetuated inequities for those it purports to serve,” the letter of support says. “The City of Seattle, OPCD, and the EDI must do better by BIPOC staff and community organizations.”

EDI manager Ubax Gardheere and EDI strategist Boting Zhang wrote an open letter last week saying they were taking a “mental health break” from the city. “Our bodies have been weaponized in an institution that historically and presently has actively fought against you, and you have sensed this,” they wrote.

The Equitable Development Initiative began in 2015 under then-mayor Ed Murray as a revolving fund intended to advance community-led projects in areas of the city with a high risk of displacement and low access to opportunity. None of four demonstration projects that were chosen to launch the initiative have been built.

By saying “it is city policy” to avoid dispersing people unless they’re impeding the use of public spaces, the former city attorney argues, the amendment will make it impossible for the city to sweep anyone, including, potentially, someone who is “blocking traffic by pitching a tent in the middle of 5th Ave. downtown.”

During last year’s budget process, Durkan proposed eliminating a long-promised $30 million fund to pay for EDI projects out of the proceeds of the Mercer Megablock sale, citing the pandemic; the council restored the funds, but EDI proponents saw Durkan’s willingness to defund the initiative as a betrayal.

Since then, the mayor has appointed her own Equitable Communities task force to recommend spending priorities for $100 million in investments in BIPOC communities, which includes the $30 million; some advocates have criticized the makeup of the task force, saying it is composed largely of Durkan allies and groups that are seeking a slice of the money.

“When she set up the task force, a lot of people didn’t want to join,” Yordanos Teferi, of the Multicultural Community Center, recalled. “And then we learned that those who did join the task force were not coming into the process trying to advocate for communities at large—they were just advocating for their own projects or their own organizations.” The MCC, along with Africatown, the Ethiopian Community in Seattle, Puget Sound Sage, Friends of Little Saigon, and more than two dozen other groups, signed the letter of support.

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

2. Former Seattle city attorney Mark Sidran—best known for defending the Teen Dance Ordinance, impounding people’s cars over expired driver’s licenses, and, oh yeah, supporting a zillion laws aimed at criminalizing homelessness—opposes the Compassion Seattle Charter initiative. Continue reading “Community Groups Support Equitable Development Staffers; Sidran Opposes “Compassion Seattle””

Company Owned by Seattle Times’ Slow-Growth Columnist Razed House for Apartments in South Seattle

Image via Rail House Apartments.

By Erica C. Barnett

Seattle Times columnist Danny Westneat has long been a hero to the NIMBY crowd. His columns about density and gentrification have created heroes and villains in Seattle’s growth wars: Little old ladies versus greedy developers; “unfettered growth” versus homeowners calling for a little restraint; “some of the biggest zoning changes in our lifetimes” versus bungalows.

In 2015, a Westneat column warned darkly about secret plans to “do away with single-family zoning — which for a hundred-plus years has been the defining feature of Seattle’s strong neighborhood feel.” The column galvanized a rebellion among the city’s slow-growthers that gutted then-mayor Ed Murray’s Housing Affordability and Livability Agenda, reducing new density to a tiny slice of land on the edges of existing urban villages and ensuring that Seattle’s single-family areas will remain unaffordable enclaves for the foreseeable future.

According to King County records, the Westneats bought the property in 2005 for $267,750 and tore down the house that was there around 2016; the current value of the property, according to the county tax assessor, is just under $3 million.

So I was surprised to learn recently that while Westneat preaches the gospel of slow growth and “concurrency”—a buzz word for anti-density groups that argue the city shouldn’t accommodate new people until it has built sidewalks, roads, and other infrastructure “concurrent” with population growth—he and his wife own a development company that bulldozed a bungalow in Seattle’s historically Black south end and replaced it with a 13-unit apartment complex. Westneat’s wife developed the property.

Rents at the Rail House apartments, located about a block from the Columbia City light rail station, start at around $1,400 for a studio and go up from there; prospective renters must have three references from previous landlords and a minimum credit score of 650 (until recently 660). Activists for racial equality have called credit requirements a form of modern-day redlining that has no relationship to tenant quality. Westneat said the credit and reference requirements were a response to a city law requiring landlords to accept the first applicant who qualifies; that law was designed to prevent discrimination by landlords.

According to King County records, the Westneats bought the property in 2005 for $267,750 and tore down the house that was there around 2016; the current value of the property, according to the county tax assessor, is just under $3 million.

Contacted about this seeming contradiction between the views he expresses in his columns and his family’s business, Westneat responded that he’s never had a problem with transit-oriented development; his issue is with places “where growth is overwhelming the infrastructure.”

“I think all transit corridors and the light rail corridors in particular are no-brainers for higher-density development, Westneat told me in an email. “I do have issues with the way Seattle has gentrified so quickly (but who doesn’t?).” Rail House, he continued, “is a classic transit-oriented development, 13 units with no parking. It works because it is right next to Columbia City light rail station, but it might not be appropriate in parts of the city that lack robust transit.”

What’s insidious about Westneat’s columns isn’t that they make a moderate case—it costs homeowners nothing to say that density is acceptable where they don’t live—but that they are an argument against the kind of density Seattle actually needs.

You won’t get any argument from me that transit-oriented development is a no-brainer. But even the most dyed-in-the-wool slow-growther would probably agree with this view today, now that battles over transit and development near transit stops have been mostly settled. (Of course, both Westneat and I have been around long enough to recall when transit itself was considered not just a gentrifying factor but one that would promote out-of-control growth in historically single-family areas like Columbia City!)

As an example of his support for appropriate density, Westneat said that he was all for Mike O’Brien’s 2016 legislation that would have “upzoned most of the city to three units.” (In reality, the city projected that the plan would result in fewer than 4,000 new units across the entire city over 20 years).

“I don’t have a longstanding editorial opposition to density or upzoning,” Westneat told me. 

I’d say that’s debatable—the cumulative effect of column after column condemning specific examples of density is an editorial opposition to density, even if those columns are tempered by general statements supporting the idea of density where “appropriate.” By opposing specific examples of density again and again, Westneat’s columns have poured gasoline on the movement against density of all kinds, including modest density (such as row houses and triplexes) in single-family areas.

Continue reading “Company Owned by Seattle Times’ Slow-Growth Columnist Razed House for Apartments in South Seattle”

New State Law Addresses Excessive Sentencing Under Washington’s Three-Strikes Rule

Monroe Correctional Complex in Snohomish County (Brewbooks, Monroe Correctional Complex, Washington )

By Paul Kiefer

The Washington State Supreme Court’s decision in February that voided the state’s existing drug possession laws—a decision known as State of Washington v. Blake—has drawn considerable attention; the ruling requires judges across the state to review and correct the sentences of people charged with drug-related offenses.

But a wave of resentencing hearings unrelated to Blake is also looming on the horizon for courts statewide.

Lawmakers in Olympia have discussed ways to fix excessive sentencing repeatedly over the past decade, with a particular focus on Washington’s three-strikes law, a state statute that imposes a life sentence without the possibility of parole for so-called “persistent offenders.”

In early April, state lawmakers passed legislation, originally sponsored by Sen. Jeannie Darnielle (D-27, Tacoma), that requires judges to resentence anyone facing life in prison under Washington’s three-strikes law if one of their “strikes” was a second-degree robbery charge. Such charges generally do not involve a weapon or injuring a victim, in contrast to other “strike” offenses like rape and manslaughter. The law directs judges to base the new sentence on the final “strike” on the defendant’s record.

“They always say wheels of justice turn slow,” said Orlando Ames, one of the nine people charged for a three-strikes violation and released by the state’s clemency board. “But this has been almost a dead stop.”

“Robbery two… was just not like the others, and certainly not not consistent with the initiative’s goal to place behind bars for life any person who had been a persistent, violent and violent offender in the state,” said Sen. Darnielle during an online press conference on Wednesday.

Sen. Darnielle said that her office has identified 114 people across Washington who will be re-sentenced as a result of the new law—just under half of the 277 people currently serving life sentences as a result of the three-strikes law. Carla Lee, who leads the King County Prosecutors’ Office’s sentence review unit, said during Wednesday’s press conference that she’s aware of 29 people in King County who are now eligible for re-sentencing.

Washington voters passed the three-strikes law by initiative in 1993, making the state the first in the nation to adopt such a law. At the time, proponents promised that the new law would dramatically reduce the state’s crime rate. “Everyone knows that the three-strikes initiative passed with overwhelming public support,” said Darnielle. “And many other states followed in our path. But it’s proven itself to be very racially disproportionate, and it demonstrates some of the real inadequacies in our justice system.” More than a third of those sentenced under Washington’s three-strikes law since 1993 have been Black, though the state’s population is less than 5% Black. Of the 114 people eligible for resentencing, 53 are Black. Continue reading “New State Law Addresses Excessive Sentencing Under Washington’s Three-Strikes Rule”

As Seattle’s Approach to Public Safety Changes, Annual Police Survey Stays the Same

Results of the 2020 Public Safety Survey

By Paul Kiefer

At Tuesday’s city council public safety committee meeting, Seattle University Crime and Justice Professor Jacqueline Helfgott presented the results of the 2020 Seattle Public Safety Survey, a collaboration between her university and the Seattle Police Department (SPD) conducted annually since 2015. The goal of the survey, Helfgott told PubliCola, is to monitor the public’s perceptions of crime and policing year-by-year, with the goal of shaping SPD’s neighborhood-level response to public safety concerns. The survey results were part of a series of presentations about the city’s efforts to stand up non-police public safety programs.

According to Helfgott, the survey began as a tool for SPD to tailor its neighborhood-level presence; an SPD captain in the North Precinct, for instance, might direct officers patrolling in Ballard to bear in mind residents’ concerns about “aggressive panhandling.”

Responding to a question from Councilmember Lisa Herbold about how the survey related to the city’s plans to shift public safety away from police, Mayor Jenny Durkan’s senior public safety advisor, Julie Kline, told council members that the survey results could “help the city choose how to prioritize non-police public safety investments” that can address Seattle residents’ public safety concerns.

The survey itself primes its participants to view Seattle through the lens of enforcing public order: in one question, the survey presents children skipping school, disrespecting adults and playing loud music as threats to the “social cohesion” of a neighborhood. I

What are those concerns? For the more than 11,000 Seattle residents who responded to the survey, the most common concern was city government itself, followed by “public order crimes,” property crimes, reduced police capacity, and homelessness. With the exception of the outsize frustration with city politics, respondents to the previous six surveys had almost the exact same priorities.

There were some variations by neighborhood. Respondents living north of the ship canal, for instance, perceived homelessness as a more significant public safety threat than residents elsewhere in Seattle, while respondents in Hillman City expressed lower confidence in SPD than residents of any other neighborhood.

Most people who took the survey expressed confidence in SPD; the department’s favorability ratings were highest among Black, Latinx, Asian, Indigenous, and older respondents, and lower among white respondents and those younger than 25. White people, particularly white women, were strongly over-represented in the survey. Overall, the survey showed show only a slight decrease in confidence in SPD across all neighborhoods since 2019. Continue reading “As Seattle’s Approach to Public Safety Changes, Annual Police Survey Stays the Same”

Tax Opponents File Lawsuit Against Capital Gains Tax. Democratic State Senator Says Bring it On

Youtube screenshot.

by Leo Brine

On Wednesday, a conservative think tank, the Freedom Foundation, filed a lawsuit against the hot-off-the-presses capital gains tax (SB 5096) and another conservative group announced they plan to do so as well.

In response, Democratic state Sen. Jamie Pedersen (D-43, Seattle) told PubliCola later Wednesday evening: Bring it on. Lawsuits are “great,” said Pedersen, who chairs the Law and Justice committee, because he sees them as a way to challenge old, anti-tax state supreme court rulings.

During this year’s legislative session, as the Democrats moved the capital gains tax bill through the legislature, Republicans decried it as an unconstitutional income tax. This is now the legal argument against the bill, which Governor Jay Inslee has not yet signed into law.

If the modern-day supreme court was to determine that income is not property, Sen. Pedersen said, it “would change the world for us in Olympia about what’s possible.”

The capital gains tax, which Democrats passed on the last day of this year’s legislative session on a 25-24 vote, with three moderate Democrats and every Republican voting no, imposes a 7 percent tax on financial gains from the sale of intangible financial assets, such as stocks and bonds, above $250,000. About 7,000 Washington taxpayers would pay the tax beginning in 2023.

The Freedom Foundation filed its lawsuit in Douglas County on behalf of seven state residents who would pay the tax. The group claims that capital gains constitute income, making the tax an income tax. In 1933, the state supreme court ruled that income is property subject to the uniformity clause in the state constitution, which says that different types of property—such as income below and above a certain threshold—can’t be taxed at different rates. This ruling has been the basis of claims that an income tax is unconstitutional for nearly a century.

Democrats say the capital gains tax is an excise tax because it’s the sale of assets that triggers the tax rather than the income that the sale generates.

Conservatives don’t buy it. “Capital gains are clearly income. And when you tax them, it’s an income tax — no matter what you choose to call it,” Freedom Foundation CEO Aaron With said in a press release. Continue reading “Tax Opponents File Lawsuit Against Capital Gains Tax. Democratic State Senator Says Bring it On”

Another Sweep in Ballard, JustCARE Disputes Mayor’s Cost Claims, and Former County Dems Leader Resigns

1. On Friday, the city will remove any tents that remain at Gilman Playfield in Ballard, part of a wider strategy of removing encampments that are near schools, playgrounds and sports fields. The Gilman sweep comes after similar encampment removals at Rainier Playfield and Miller Park on Capitol Hill, which the mayor’s office said were necessary to make the parks “safe and accessible” to students and children playing sports.

Mayoral spokeswoman Rachel Schulkin said the Seattle Police Department responded 61 times in the past six months to “calls including disturbances, domestic violence, and other suspicious or potentially dangerous activity at the playground,” and that the fire department had responded to another 11 calls. Additionally, “Youth sports team coaches, parents, and neighbors have been reaching out to the City over the past few months with various safety concerns and to express their frustrations over not being able to use the field for youth sports,” Schulkin said.

On the day a jury found Derek Chauvin guilty of murdering George Floyd, the account retweeted a post from the Kent Police Department that read, “If you’re celebrating 420 today, DON’T DRIVE. Pop a squat on your 70s basement couch, play some Boston in the background, binge watch Fast Times and eat Doritos.” When a reader called the tweet “tone deaf,” the Kent account responded, “Just want to encourage people to be safe if they’re celebrating today 😊.”

The encampment was quiet on Wednesday morning, as outreach workers went from tent to tent to discuss options with the people living in the park. None of the tents were on the playground or the nearby playfield; the biggest concentration was in a shaded area near the restrooms and on the sidewalk outside the playfield fence.

According to an outreach worker on site, most of the residents would be offered rooms at the Executive Pacific Hotel downtown; if the majority of the dozens of people living in the park accept placements, the hotel would be essentially full, although some people who moved into the hotel have reportedly left without receiving permanent housing placements.

Encampment removals slowed down dramatically during the first year of the COVID-19 pandemic but have been ramping back up this spring, including the removal of tents and encampment residents from University Playfield near I-5 last weekend.

Also Wednesday, the JustCARE program moved a number of people living in Pioneer Square near the historic First Avenue pergola to its own hotel-based shelters, the Navigation Center, and the Executive Pacific Hotel, most likely making a planned sweep of that encampment unnecessary; the city is reportedly planning additional encampment removals in Pioneer Square and the International District in the coming weeks.

2. Mayor Jenny Durkan has repeatedly claimed that JustCARE costs more than $100,000 a person, a claim that has so frustrated the organizations supporting the program that they produced a flyer outlining what they say the program costs “at scale”: Just under $50,000 a client, half of which is the cost of hotel rooms themselves.

Durkan’s office has shown little interest in expanding JustCARE, which is a joint project of the Public Defender Association, Asian Counseling and Referral Service, REACH, and other groups, arguing that there are cheaper options that do the same thing.

A spokeswoman for the mayor’s office provided a chart outlining the budget for King County’s extension of JustCARE, which comes in at an average of $104,000 a month per room. The mayor’s office says that they have always calculated and compared costs on a “per room” basis than a “per person” basis, a claim the PDA disputes. The PDA says that its cost estimate of around $49,000 per client is based on a longer-term model that would bring the program to “scale,” renting “more than twice as many rooms in the same hotels, and [serving] more than twice as many participants,” according to PDA director Lisa Daugaard.

In February, the city rejected a proposal that would have effectively expanded JustCARE by moving clients into the Executive Pacific Hotel downtown, insisting that they could not spend a penny more than $17,000 per client plus the cost of the rooms themselves.

Ultimately, the city signed two contracts for hotel-based shelters, with the Low-Income Housing Institute and Chief Seattle Club, that came in significantly above the $17,000 cap.

Mayoral spokeswoman Kamaria Hightower told PubliCola, “We absolutely agree that a provider contract should be a longer-term commitment both for clients and efficiency and understand the county is seeking that approach. That’s why we created our hotel programs that are a year long and include rapid rehousing resources (and some [permanent supportive housing] resources).

3. Bailey Stober, the former director of the King County Democrats who lost his job after an investigation found him guilty of sexual harassment and workplace misconduct, is leaving his latest job as communications manager for Kent Mayor Dana Ralph under circumstances that remain unclear. Ralph would not provide details about why Stober is leaving, but confirmed that he has “resigned his position effective June 1.”

Contacted by email, Stober said, “When I took the job, I came to Kent from Texas and told the Mayor I would give her 18 months to two years and then my plan was to return to Texas. I took a great job offer in Texas and as I enter my 18/19th month with the city I’ve finished the projects I wanted to finish and am happily going back to Texas.”

Stober is the anonymous voice behind the city of Kent’s Twitter account, which gained thousands of followers for its puerile tweets mocking other cities and making jokes about “nuggs.” (Here are some lyrics the account  posted at 9:00 on a Friday night.)

On the day a jury found Derek Chauvin guilty of murdering George Floyd, the city of Kent account retweeted a post from the Kent Police Department that read, “If you’re celebrating 420 today, DON’T DRIVE. Pop a squat on your 70s basement couch, play some Boston in the background, binge watch Fast Times and eat Doritos. Be chill and stay off the roads.” When a reader called the tweet “tone deaf,” the Kent account responded, “Just want to encourage people to be safe if they’re celebrating today 😊.” Unlike many other local jurisdictions, the city did not acknowledge the Chauvin verdict on its Twitter account.

Earlier this year, Ralph stood by Stober when he got kicked out of a local bar after allegedly inciting a massive brawl and calling both Ralph and the chief of police and threatening to have the bar’s liquor license revoked.