Judge Strikes Homelessness Charter Amendment from Ballot; King County Equity Now Gets New City Contract

1. Late Friday afternoon, King County Superior Court Judge Christine Shaffer struck Charter Amendment 29, the “Compassion Seattle” homelessness initiative, from the November ballot, agreeing with opponents of the measure that it went beyond the scope of the initiative process. Specifically, Shaffer said, the amendment attempted to overrule the city of Seattle’s authority to determine its own homelessness and land-use policies—authority granted to local jurisdictions by the state legislature that cannot, she said, be overturned by an initiative at the local level.

The amendment, if adopted, would require the city council to spend a minimum of 12 percent of its general fund revenues on homelessness, dictating further that in the first year, that money would have to pay for 2,000 new units of “emergency housing” (shelter). It would also change local land use and zoning laws by requiring the city to waive code requirements, regulations, and fees to “urgently site” the projects it would mandate.

The groups that sued to remove the proposal from the ballot, including the Seattle/King County Coalition on Homelessness and the ACLU of Washington, argued that the voters of Seattle lack the authority to overturn these sort of legislative decisions, and that the amendment would effectively undo the agreement the city and county made to create the new King County Regional Homelessness Authority. Judge Shaffer agreed.

“There’s a direct effort in Charter Amendment 29 to control the city’s budgetary authority and that is not disputed in this record, any more than the efforts to control zoning and land use is disputed,” Shaffer said. “These are measures specifically required by Charter Amendment 29, and they both are outside the scope of a proper initiative in a way that is not even close. There are so many prior Supreme Court cases on both those topics.”

In arguing for the amendment, Compassion Seattle’s attorney Tom Ahearne said the court should let the proposal move forward and give opponents a chance to challenge it if and when it’s adopted. “When thousands of voters have signed a petition, opponents should not be able to hold the people’s measure hostage, merely because it opposes the policy or raises questions about the measure’s validity,” he said. “Instead of rushing to suppress the vote, this court should allow citizens to consider this charter amendment in November, and if citizens adopt it, allow the plaintiffs’ claims to be fully litigated and resolved through the trial court and appellate process.”

Judge Shaffer said she personally liked the solutions proposed in the amendment, and might vote for it if it was on the ballot. “But as judge,” she continued, “it cannot stand, and I am required to strike it from the ballot.”

“Judge Shaffer’s ruling affirms well-established limits to the local initiative process and recognizes the importance of the proper functioning of our democratic systems,” ACLU of Washington staff attorney Breanne Schuster said in a statement. “We are pleased that CA 29 will not stand as an impediment to solutions that meaningfully address our housing crisis and do not punish people for trying to meet their basic life-sustaining needs like shelter, sleep, and food.”

In a statement issued after the ruling, the Compassion Seattle campaign said that while they were “gratified that Judge Shaffer said that she would have voted for Charter Amendment 29 if given that option, we strongly disagree with her ruling today denying Seattle voters the opportunity to have their voices heard on the number one issue facing our city.” Because an appeal could not play out before the November election, the campaign continued, “We can still make our voices heard in the elections for Mayor, City Council, and City Attorney. In each race, the difference between the candidates is defined by who supports what the Charter Amendment was attempting to accomplish and who does not.”

2. Last month, Seattle Mayor Jenny Durkan and the city’s Human Services Department (HSD) announced that 33 community organizations would share the $10.4 million set aside to invest in “community safety capacity building,” one of many simultaneous efforts to support non-law enforcement approaches to public safety sparked by last summer’s protests.

One of the groups that will receive funds is King County Equity Now (KCEN), the coalition-turned-nonprofit that led the push for a city-wide participatory budgeting program—and, when the council supported their plan, took the reins of the Black Brilliance Research Project, intended to lay the foundations for public-safety-focused participatory budgeting in Seattle. KCEN’s brief tenure as a city sub-contractor ended ignominiously when the project’s head researchers left the organization because of alleged financial mismanagement, as well as alleged mistreatment of queer researchers and researchers born outside Seattle. The group lost their city subcontract, and the research project finished weeks later without KCEN.

But after several months out of the spotlight, KCEN is making its quiet return to the world of city contracting. With the new grant, KCEN says it will partner with “incredible local Black-led housing service providers, like First Place Schools [a charter school provider] and Monica’s Place,” a housing development in the Central District, to conduct another research project. KCEN initially asked for $789,391; however, HSD capped grants at $585,410 because of the volume of applications. The group will have a new fiscal sponsor—Parents for Student Success, a nonprofit cofounded by King County Equity Now board chair Dawn Mason.

This second project will include “an inventory of Black community resources, hubs, places to tap in, needs, current and potential Black partnerships, current policies successes, failures, and gaps to address anti-gentrification and spatial community toward building holistic support,” according to KCEN’s response to the city’s request for proposals. The core question that would guide KCEN’s proposed research—”what does community safety and wellness look like for you in place?”—is nearly identical to the central question of the Black Brilliance Research Project. The results of the research, they wrote in their proposal, would help them and their partners create “scalable, replicable anti-gentrification models.”

The organization asked for funds to pay existing staff, to hire more people to work on the new research project, and to pay for consultants, office space, and supplies.

Since the organization’s unwilling exit from the Black Brilliance Research Project, KCEN has focused on anti-gentrification projects; the group is an offshoot of the Africatown Community Land Trust, which focuses largely on land acquisition in the Central District.

During the Black Brilliance Research Project, measuring the success of multiple wide-ranging research teams became a key challenge for KCEN. In their latest grant application, KCEN says they will track their project’s success by assessing the number and “effectiveness” of their community meetings and workshops, the “thoroughness” of their partnerships and the “quality and reach of community-led research,” among other metrics.

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