Category: Addiction

In Last-Minute Move, Legislature Adopts New Approach to Drug Possession

By Paul Kiefer

After a last-minute rush to pass legislation in response to the Washington State Supreme Court’s decision in February that rendered the existing drug possession laws void, the Washington State legislature passed new legislation on Saturday re-criminalizing low-level drug possession by making it a misdemeanor and requiring local jurisdictions to provide treatment options for drug users. The bill, ESB 5476, directs law enforcement officers to divert people who violate the new law to “assessment, treatment, or other services” for the first two violations; after the second violation, a violator can be referred for prosecution and, potentially, a fine or jail.

After making compromises to pass the bill before the final day of the legislative session on Sunday, many lawmakers are not fully satisfied with the result. But had the legislature not passed a new law regulating drug possession, some lawmakers worried that a patchwork of local policies and enforcement practices would have filled the vacuum.

The decision that precipitated the scramble to adjust Washington’s drug possession laws, called State of Washington v. Blake, ruled that Washington’s so-called “strict liability” drug possession laws—which made no distinction between intentional and unintentional drug possession—violated the due process rights enshrined in both the state and federal constitutions.

Without new legislation to address the court’s decision, the state can’t enforce any of its existing drug possession laws. But local jurisdictions could have passed new laws if the state legislature had not acted, which could range from de-criminalizing drug possession to classifying intentional possession as a gross misdemeanor—the most severe criminal charge a local jurisdiction can impose.

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Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. 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.

The bill at the center of the legislature’s ongoing push to respond to the Blake decision began as the work of a group of Democratic senators led by Sen. Manka Dhingra (D-45, Bellevue), who proposed that the state eliminate all criminal penalties for possessing a “personal use amount” of an illegal drug—up to one gram of heroin or two grams of methamphetamine, for example. In its original form, the bill also proposed a system in which law enforcement could pass the names and contact information of drug users to a “care coordinator,” who would then reach out to the drug user to offer treatment and recovery resources.

But in an effort to pass the bill out of the senate, Democratic lawmakers moved to re-criminalize drug possession to win the votes of some Republicans; when the bill came to a vote on the senate floor, Dhingra voted against it, arguing that it no longer reflected her goal of separating addiction treatment from the criminal justice system. Continue reading “In Last-Minute Move, Legislature Adopts New Approach to Drug Possession”

Fizz: Burgess Previews Encampment Initiative, Nguyen Mulls Bid for County Exec, and “Opening the Door” to Hotel Shelter

1. At a meeting of the Queen Anne Initiative on Community Engagement last week, former city council member Tim Burgess outlined the contours of an initiative that will be filed in the coming weeks that would fund new homeless services with existing city dollars and effectively reinstate the city’s Navigation Team, which removed encampments from public spaces until the city council dismantled it as part of the budget process last year.

PublICola reported on a poll about the potential initiative in February.

Sounding very much like a man in campaign mode, Burgess told the group, “The tent encampments that we see in our public spaces have essentially become permanent because the city government has no specific plan to help the people in those encampments or to make certain that our parks and public spaces remain open and available to everyone.” (In fact, one large and obvious reason encampments have become “permanent” is that a global pandemic made it impractical and unsafe for the city to dislocate people living unsheltered, and the city has consistently failed to provide adequate shelter or housing for the thousands of people living outdoors).

“What we need,” Burgess continued, “is a plan —a specific plan that focuses on what I believe is the primary presenting issue for most of the individuals in these encampments, and that is their medical condition,” including addiction and mental health challenges. Those issues are difficult to address while a person is living unsheltered, Burgess said, so the solution is to provide them with shelter or housing and address their health conditions at the same time.

So far, so good: Burgess clearly understands that it’s next to impossible to get healthy, or sober, while living on the street: Housing, or shelter at an absolute minimum, is essential to any kind of recovery from physical or behavioral health conditions. But the next leap he takes is troubling: If shelter is available but a person refuses to take it, he said, the city should have the authority to permanently remove them from a public space in order to make it available to the rest of the public. “We’re governed by the court decision”—Martin v. Boise—”that says we can’t force people… to leave unless we offer accommodation where they can go.”

It’s unclear how the initiative to reinstate sweeps and pay for housing and health cafe would be funded, or how it will get around the requirements imposed by Boise.

2. After PubliCola’s relentless coverage of Mayor Jenny Durkan’s decision not to seek FEMA reimbursement for hotel-based shelters, city council president (and mayoral candidate) Lorena González issued a statement about her recent conversation with FEMA administrators, which she said affirmed for her that even if federal funding isn’t “guaranteed” (which it never is in advance), “we can be confident that non-congregate shelter is FEMA reimbursable in eligible circumstances.”

In other cities, such as Los Angeles and San Francisco, FEMA has paid for hotel-based shelter for people living unsheltered who suffer from conditions that make them vulnerable to COVID—a standard that covers most chronically homeless people.

Durkan has insisted that FEMA will not reimburse the city for any services at hotel-based shelters, and has objected to the federal agency’s “onerous” application requirements. Continue reading “Fizz: Burgess Previews Encampment Initiative, Nguyen Mulls Bid for County Exec, and “Opening the Door” to Hotel Shelter”

City Makes It Official: Chief Seattle Club, LIHI Will Run Scaled-Back Hotel Shelter Program

By Erica C. Barnett

This afternoon, the city of Seattle officially announced the details of a plan, announced last October, to use $26 million in federal Emergency Solutions Grant dollars to place unsheltered people in hotels for up to 10 months. The two hotels, as PubliCola has previously reported, are King’s Inn in Belltown and the Executive Pacific Hotel, and will be operated by the Chief Seattle Club and the Low-Income Housing Institute, respectively. The hotels are expected to start accepting clients sometime in March, more than a year after the city declared a COVID emergency. Originally

King’s Inn has 66 guest rooms; the Executive Pacific has 155. Some of those will be used for on-site case management and other purposes, so the total number of new hotel rooms will be around 200 (about 60 at King’s Inn and about 140 at the Executive Pacific), rather than the 300 the city announced last year.

According to the Seattle Human Services Department, the two hotels, combined, are supposed to move 230 people into permanent housing through rapid rehousing subsidies administered by the Chief Seattle Club and Catholic Community Services, which will serve as LIHI’s rapid rehousing provider. That number is the same as the number announced last October, when the mayor’s office first proposed the plan.

“If you really take a step back, this is actually a rapid rehousing program that has hoteling as a [component],” said Seattle City Councilmember Andrew Lewis, who heads the council’s homelessness committee and supports the hotel shelter program. “So we’re going to get a lot of value out of that 10 months.”

As we’ve reported, rapid rehousing is controversial because it rests on the assumption that unsheltered people can move quickly and seamlessly from street homelessness to paying full rent in market-rate apartments within a few months. Such programs work best for people who are fairly self-sufficient and do not have complicated physical or behavioral health needs, such as addiction or mental illness. 

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Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. 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.

The mayor’s office also (re-)announced that LIHI will open up to 40 new tiny house units on Sound Transit-owned property in the University District and up to 40 at an unspecified location in North Seattle, and that WHEEL’s existing nighttime shelter, which serves about 60 women, will become a 24/7 enhanced shelter. In all, the “shelter surge” will add about 200 new temporary shelter beds and 140 permanent ones (including WHEEL’s, which opened earlier this month), rather than the 300 temporary and 125 permanent shelter beds the mayor’s office announced last year. The city council added funding for the University District tiny house village to the mayor’s proposed budget last year.

Both hotels will cost significantly more per client than the original cap of just over $17,000, although just how much more is unclear. LIHI director Sharon Lee said her agency is still negotiating with the city over the final budget. “One of the things we were concerned about was laundry and trash service, and the city said they would pay for that,” Lee said. “Our budget is getting smaller and [the city’s] is getting bigger.”

A representative from the Chief Seattle Club did not immediately return a call for comment.

The Public Defender Association, whose JustCARE program has moved about 124 people with complex behavioral health issues off the streets in Pioneer Square and the Chinatown-International District neighborhoods, was tentatively selected to operate the Executive Pacific, but HSD and the mayor’s office rejected their bid when it turned out to be much more expensive, at about $28,000 per client, than the $17,000 cap.

The PDA proposed a scattered-site hotel program that would distribute clients to different hotels with which the group has contracts, but told the city that if they were going to use the Executive Pacific, they would limit the number of clients there to 60, on the grounds that a larger group would lead to more high-needs clients on downtown streets. Continue reading “City Makes It Official: Chief Seattle Club, LIHI Will Run Scaled-Back Hotel Shelter Program”

Durkan’s Hot-Mic Moment, Two Potential 2021 Initiatives, and Former Sheriff Rahr Steps Down

1. Prior to her State of the City remarks earlier this week, Mayor Jenny Durkan made a hot-mic comment deriding Council President (and mayoral candidate) Lorena González; the comment came during some apparent technical difficulties immediately before the livestreamed speech.

“Slow down a little bit, please,” Durkan says to someone off camera, apparently referring to her remarks on the screen in front of her. “There’s, like, all sorts of shit gone now,” she continues, laughing. “We’ll just go to the top and I’m going to, like, do the best I can.”

“If it was easy,” Durkan continues, “it’d be Lorena’s rebuttal.”

Durkan then proceeded to deliver a State of the City speech that clocked in at just over six minutes—the shortest, by far, in recent memory.

Per custom, Council President González, who announced she’s running for mayor after Durkan announced late last year that she would not seek a second term, did provide a response to Durkan’s State of the City speech. However, far from criticizing the mayor or her comments,  González actually thanked Durkan and city employees for “working hard to keep our City government running smoothly every day since the pandemic first hit our region a year ago.”

During a Town Hall Seattle forum on women in politics on Wednesday night, Durkan said she decided not to run for a second term, in large part, because if she stayed in the race her opponents would “feel like they have to be oppositional,” even if they agree with her, “because they’re running against me or supporting an opponent.”

“At the end of the day,” she added, “that was my job: Doing what was right for the city.”

Despite Durkan’s insistence that running for reelection during a crisis would elevate politics over what’s “right for the city,” campaigning for office while running the city isn’t unprecedented or irresponsible. In fact, it’s a standard part of a mayor’s job description.

2. Former city council member Tim Burgess and SoDo Business Improvement Area director Erin Goodman have formed a political action committee to support an initiative related to drug use, homelessness, and behavioral health in Seattle. The new PAC, called Seattle Cares, has received an initial $15,000 contribution from the Downtown Seattle Association. Last election cycle, Burgess formed a PAC with the similarly anodyne name People for Seattle, which worked to defeat council members Lisa Herbold and Kshama Sawant and to oppose then-candidate Tammy Morales.

Although the committee has not filed initiative language yet, clues can be found in a poll PubliCola reported on earlier this month, which asked respondents about their support for a ballot measure that would give police additional tools to remove homeless people from public spaces, apparently in combination with some kind of behavioral health and addiction treatment funding.

The poll asked respondents their opinion of a Seattle ballot initiative that would use existing government funds to support treatment for mental illness and drug addiction while giving police more authority to “intervene” if people experiencing homelessness didn’t accept the “help” they were offered. The hypothetical ballot measure, according to the poll, would also re-establish the police-led Navigation Team, which removed encampments across Seattle until the city council eliminated the team in last year’s budget.

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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.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. 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.

It’s unclear where the funds for the measure would come from or what kind of “behavioral health” and addiction services would be offered to people experiencing homelessness. Supporters of encampment sweeps, quoted in media such as KOMO TV’s “Seattle Is Dying” series, often tout non-evidence-based approaches such as involuntary treatment for people with addiction. Burgess said Thursday that the official committee filing “was meant to comply with legal requirements but we are still debating and crafting what we might do, if anything.”

3. Speaking of polls, another poll in the field this month—this one funded by United Food and Commercial Workers Local 21— asked about a potential city policy that would impose a surcharge on medical marijuana, specifically, to fund training and certification for people who sell cannabis products. The poll framed the new certification program as an opportunity for professional growth and a way of promoting equity among cannabis retailers, and tested a message positioning the surcharge as a way to fund improved service and support for medical marijuana consumers. Continue reading “Durkan’s Hot-Mic Moment, Two Potential 2021 Initiatives, and Former Sheriff Rahr Steps Down”

Mercer Island Public Sleeping Ban Could Violate Landmark Ruling on Homelessness

By Erica C. Barnett

On Tuesday night, after more than four hours of public testimony mostly favoring the move, the Mercer Island City Council voted to pass an ordinance barring people experiencing homelessness from sleeping outdoors or in their vehicles inside the boundaries of the wealthy suburban enclave. As PubliCola reported Monday, the new law empowers police to remove anyone living unsheltered from the island, either by driving them to shelter in Bellevue (five miles away) or Kirkland (11 miles away) or by sending them to jail in another city for up to 90 days.

PubliCola covered the public comments—which focused largely on the evergreen fear that “homeless addicts” would victimize women and children and litter the island with needles and feces—and vote on Twitter as they happened. Only one council member, Craig Reynolds, voted against the proposal, which goes into effect on March 1.

But that may not be the end of the story for Mercer Island’s homeless ban. (Local media, adopting the whimsical language used by proponents of such laws, have referred to the bill as a ban on “camping.” In fact, it prohibits anyone without housing, who are disproportionately people of color, from sleeping on the island after dark; a more apt metaphor would be a sundown law.)

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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.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. 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.

To understand the potential avenues for a legal challenge, it’s important to know a little bit about a landmark 9th Circuit District Court ruling on homelessness, Martin v. Boise, which established that cities cannot ban sleeping, sitting, or lying in public spaces unless there is adequate available shelter for people to utilize as an alternative.

“Any ban on camping in most of Washington likely can’t comply with Martin v. Boise, just by sheer numbers: How many people are unhoused in the cities versus how many shelters are available.”—ACLU of Washington staff attorney Breanne Schuster

Put plainly, the ruling means that cities like Seattle can’t enforce encampment bans unless there is adequate shelter available for every homeless person the city wants to remove from public spaces. The definitions of adequate and available have been a source of heated debate ever since.

“Really any ban on camping in most of Washington likely can’t comply with Martin v. Boise, just by sheer numbers: How many people are unhoused in the cities versus how many shelters are available,” ACLU of Washington staff attorney Breanne Schuster said.

The next question, she said, is, “Are those shelters acceptable?” The four shelters to which Mercer Island plans to send people caught sleeping outdoors are far away, small, crowded (a particular concern during the ongoing pandemic), high-barrier, and often full; any of these factors could be used as an argument that the shelter isn’t really “available” or acceptable for a particular person. The Ninth Circuit “made pretty clear that you can’t, for example, force somebody to adhere to a religious doctrine or practice a religion to access a shelter,” or be “clean and sober,” Schuster said.

“In Washington, at least, substance use or abuse can be considered a disability” subject to civil rights protections, Schuster added—another potential avenue of attack on the ordinance, which defines substance use as one of many possible “voluntary actions” that a person can take to reject available shelter by refusing to follow whatever rules the “available shelter” happens to impose on clients. Continue reading “Mercer Island Public Sleeping Ban Could Violate Landmark Ruling on Homelessness”

After City Rejects Expansion Plan, Hotel-Based Shelter Program Seeks Path Forward

Tents along 2nd Ave. South in Seattle. JustCARE, a shelter and case management program run by the Public Defender Association, Asian Counseling and Referral Service, and several other groups, moved many from the area into hotels.

By Erica C. Barnett

The city has formally rejected a proposal by the Public Defender Association to operate a non-congregate shelter at the Executive Pacific Hotel in downtown Seattle, telling the PDA by email that the plan—negotiated over several months—was too expensive. (The city is in the process of finalizing a separate proposal, to operate a smaller shelter out of King’s Inn near South Lake Union, from the Chief Seattle Club).

In a four-line email to PDA director Lisa Daugaard, Seattle Homelessness Strategy and Investments division director Diane Salazar wrote, “Unfortunately, your proposed cost per room does not fit within our program or budget framework for enhanced shelter beds in hotels. …Based on your proposed program cost, which is out of synch with the per room cost we provided, we will not move forward with your proposal.”

Planning for a “shelter surge,” including 300 hotel rooms and 125 new enhanced shelter beds, began last fall, after deputy mayor Casey Sixkiller and city council homelessness committee chair Andrew Lewis announced a new plan to use federal Emergency Solutions Grant dollars to fund hotel-based shelters for ten months. The idea is to move hundreds of people quickly from unsheltered homelessness to hotels and into housing, mostly through temporary rapid rehousing subsidies for market-rate apartments. Providers submitted responses to a Request for Qualifications for the project last year.

The rejected PDA proposal would have expanded the successful King County-funded JustCARE program. The project has moved about 130 people, most of them chronically homeless and involved in the criminal justice system, directly from encampments in Pioneer Square and the Chinatown/International District into hotels in Seattle, where they receive behavioral health care and other services.

The program, a collaboration between the PDA,  is designed to mitigate the impacts of encampments on the two neighborhoods while “addressing the overlapping realities that, due to COVID, jail bookings need to stay low, most congregate shelters aren’t viable, and local leaders have rightly pledged to stop sweeping people camping outside from one point to the next,” Daugaard said.

The PDA’s proposal to expand JustCARE into the Executive Pacific—a hotel Mayor Jenny Durkan reportedly favors because it already has a sister hotel serving as a shelter in San Francisco—would have cost around $28,000 per room, or about $11,000 more than the $17,175 maximum the city decided on late last month.

Daugaard tells PubliCola that that figure doesn’t allow the her organization to pay people “appropriate wages for this frontline work, much less “hazard pay, COVID exposure paid leave, the need for 24/7 clinical supervision, and partnering with a 24/7 safety team to deescalate issues without calling 911.”

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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.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. 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.

According to the PDA, the city asked the agency to replicate JustCARE using federal funds, not the other way around. In an email to Diane Salazar, PDA deputy director Jesse Benet wrote, I was under the impression that the City believed in the efficacy of our model and was assured many times over by your team that it was what the City wanted to buy.”

An RFQ does not require agencies to submit a budget; the aim is to solicit proposals that meet certain terms established by the city. 

Although the city said that they were rejecting the PDA’s proposal primarily because it was too expensive, the PDA is hardly the only provider that requested more money than the city’s bare-bones budget. For example, the Downtown Emergency Service Center, whose shelter at the Red Lion in Renton Sixkiller has held up as a model for the Seattle program, requested $25,500 per unit. Continue reading “After City Rejects Expansion Plan, Hotel-Based Shelter Program Seeks Path Forward”

Women’s Shelter Rejected, More Hyperbole About “Basic Needs” Defense, Former Chief Equates Right Wing Riots to BLM Protests

Image by Robert Ashworth on Flickr.

1. For more than two months, the homeless women’s shelter provider WHEEL has been asking Seattle Mayor Jenny Durkan to let them operate a nighttime-only women’s shelter on the Fourth Avenue side of City Hall—an area known colloquially as the “Red Room” because of the frosted red glass doors that give the space a bloody cast. Although staffers in the city’s Human Services Department have reportedly expressed a willingness to let the group open a shelter in the space, Mayor Jenny Durkan’s office tells PubliCola that they need to keep the Red Room vacant in case they need it for winter emergency shelter.

“We’ve received WHEEL’s request and HSD is working to identify potential locations to operate a program hosted by that agency,” Durkan’s communications director Kamaria Hightower said. She did not offer any additional information about the timeline for this work or where the potential locations might be.

Even before COVID, the city had few shelter beds available for women on a typical night, particularly for single women who don’t want to stay in co-ed shelters. Now, with shelters either full or admitting only a couple of new clients a night, there are even fewer open beds.

WHEEL’s current shelter, at Trinity Episcopal Parish near downtown, can only accept about 30 clients a night because of COVID social-distancing restrictions, down from a high of as many as 60 pre-COVID. In its most recent letter to the mayor, on January 6, a group of WHEEL representatives wrote that “[w]ith the capacities of so many shelters cut in half or more, we need to add capacity to make up for the loss. … Shelters have been closed for intake due to COVID outbreaks-this will happen again, and again. Others are top bunkbeds [which aren’t accessible to people with mobility issues], or require a COVID test and a quarantine for intake, or require staying put and making curfew, or just have higher-barrier requirements for stay.”

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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.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. 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.

A WHEEL member told PubliCola that the only response they received from Durkan’s office was a form letter touting her administration’s work on homelessness titled “Helping to Address Homelessness in Our Region” and addressed to “Dear Neighbor.”

Until last November, the Red Room and the main lobby of City Hall on Fifth Avenue served as an overnight shelter space for 75 people, operated by the Salvation Army on a walk-in basis. That month, the Salvation Army shelter was relocated to a former car dealership in SoDo and stopped accepting walk-in clients.

SHARE, WHEEL’s partner organization, also requested permission to operate the main lobby as a co-ed shelter.

Anitra Freeman, a SHARE/WHEEL member, said WHEEL’s low-barrier model makes it more accessible than other shelters, which have “very strict rules” about client behavior, substance use, and willingness to participate in case management. “There are a lot of people out on the street who don’t fit in a very structured program,” she said. “These are the hardest-to-serve people who are also the most vulnerable and the most likely to die outside.”

In an email to a contract specialist at the city last month, an unnamed WHEEL representative gave several examples of recent clients that fit into that category, including a woman who showed up at the shelter, soiled herself, and remained nearly “catatonic” when the shelter took her in; a frequent client with “significant and profound mental health issues” who was kicked out of the hotel where she was staying; and woman who had just been released from a hospital in the middle of the night.

2. City Councilmember Lisa Herbold’s legislation that would allow attorneys to argue that an indigent client committed a misdemeanor, such as shoplifting, to meet their basic needs is prompting a new round of misinformation, this time from the Downtown Seattle Association, which claimed in an email to members yesterday that the bill would “simply make crimes legal.”

This, as PubliCola has written previously, is untrue. The legislation would simply allow attorneys (general public defenders) to assert that a client committed a crime to meet an “immediate basic need,” such as the need for food or shelter, as a defense in court. A judge or jury would then consider whether the person’s actions met the burden—did they commit a low-level crime to meet a basic human need, or not?—in determining whether the person’s behavior was criminal or not.

Opponents of a basic-need defense have argued that it will legalize all crime and allow people to ransack the city, particularly downtown businesses hit hard by shoplifting and other low-level offenses. But the fact is that the current policy of demonizing and jailing people who commit low-level survival crimes has not worked to reduce these crimes, nor does it benefit the city to lump all misdemeanors together as if people all commit the same crimes for the same reason. Someone operating a large secondary market in stolen merchandise is not engaging in the same act as someone stealing a loaf of bread from the grocery store. Continue reading “Women’s Shelter Rejected, More Hyperbole About “Basic Needs” Defense, Former Chief Equates Right Wing Riots to BLM Protests”

Afternoon Fizz Part 1: Conflicts at KOMO, HSD Egged, Hotels for Homeless May be Delayed

It’s an Afternoon Fizz today, in two parts!

1. Scott Lindsay, a former public safety advisor to ex-mayor Ed Murray and a contractor for the pro-SPD lobbying group Change Washington, didn’t just appear in the latest piece of KOMO poverty porn, “The Fight for the Soul of Seattle”—he co-produced it.

Since losing a race for city attorney to incumbent Pete Holmes in 2017, Lindsay has transformed himself into a spokesman for the belief that homelessness is caused by drugs and drug addiction can be fixed by forced treatment and jail. This perspective is popular among many fed up with seeing the aesthetically unpleasing signs of visible suffering, such as the people unwittingly featured without their apparent knowledge or consent in KOMO’s latest “news documentary,” because it suggests an easy, obvious solution that politicians are simply unwilling to adopt. But as experts on homelessness, drug and alcohol addiction (alcohol being the most common street drug), and mental illness have documented for decades, mental illness and addiction are not conditions that respond to even the sternest talking-to.

Lindsay, a star of both “Seattle Is Dying” films and a co-producer of the most recent installment, strides quickly past tents in a segment from “The Fight for the Soul of Seattle”

Lindsay, whose on-camera contribution to KOMO’s simplistic narrative is to suggest that jail and mandatory treatment (of what sort, no one ever seems to say) will solve Seattle’s problems with homelessness, mental illness, addiction, and property crime, told PubliCola he was not paid for his work as a co-producer on the 90-minute film. Longtime KOMO employees, however, are reportedly unhappy that the activist received a producing credit for his behind-the-scenes work on a film that was presented as a piece of journalism.

2. As other media have documented (exhaustively—one wonders where all the cameras and helicopters were when larger encampments were removed over the past year, or why protesters haven’t descended on other long-term camps and walled them off with fortresses of junk), Cal Anderson Park on Capitol Hill was swept this morning. The Seattle Times has been covering the removal from the scene, as has Capitol Hill Seattle. 

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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. Earlier this month, we took a look back at just some of the work we’ve been able to do thanks to generous contributions from our readers, but those pieces represent just a handful of the hundreds of stories we’ve published this year.

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Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. 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.

One incident that hasn’t been mentioned in the coverage so far is what happened when the city’s Human Services Department tried to set up a resource tent on the periphery of the scene. The usefulness of such outreach methods is questionable—setting up a canopy tent labeled “City of Seattle” in the middle of a protest against the city seems quixotic—but what isn’t in question is why the table is no longer there: According to HSD, protesters threw bricks and eggs at the city employees sitting under the canopy, leading them to make a hasty retreat. (PubliCola has reviewed a photograph of the scene, which show chunks of bricks and multiple broken eggs.) The employees included three social workers known as system navigators who were previously part of the Navigation Team.

3. Those social workers are now part of a new(ish) program called the Homelessness Outreach and Provider Ecosystem (HOPE) team. (Everything’s an “ecosystem” now.) In addition to coordinating outreach efforts that will be done by nonprofit providers, rather than by the city itself, the HOPE team is supposed to help direct unhoused people into shelter, including 300 new hotel units that are supposed to serve as short-term lodging for people moving rapidly from homelessness into either permanent supportive housing or market-rate units through rapid rehousing programs. Continue reading “Afternoon Fizz Part 1: Conflicts at KOMO, HSD Egged, Hotels for Homeless May be Delayed”

Sinclair-Owned KOMO’s Latest Exploitation Film Ignores Causes of Homelessness—and Solutions

By Ashley Archibald

A 90-minute KOMO special, “The Fight for the Soul of Seattle” debuted on Dec. 13, prompting alarm among homeless advocates. The program, a sequel to the infamous (and viral) “Seattle is Dying” special, presents Seattle as a seedy den of iniquity fostered by elected officials with lenient policies toward drugs and crime.

Since 2013, KOMO has been owned by the right-leaning Sinclair media conglomerate. Much of its recent programming, including “Seattle Is Dying,” seems aimed at painting a misleading portrait of a city in chaos for a national audience primed to believe the worst about progressive West Coast cities.

“The Fight for the Soul of Seattle” aims to reveal a city held hostage by a few thousand people experiencing homelessness caught in the thrall of addiction, propped up by lenient harm reduction policies, and never facing the consequences of their actions—unlike the upstanding (housed) citizens who suffer at their hands. It throws in references to the uprising against police brutality sparked by the death of George Floyd at the knee of a Minneapolis police officer as further evidence of social unraveling.

In reality, it is 90 minutes of tape exploiting the most vulnerable people in Seattle, shoved through a sepia filter and tailor-made to confirm the preexisting beliefs of people who wish they never had to see a poor person again.

To be clear, Seattle has issues. Homelessness and drug use are real. The human suffering on the streets cannot be swept away. But the weakness in “The Fight for the Soul of Seattle” stem from the fact that it fails to grapple with root causes, instead using homelessness as a wedge issue.

Much like its prequel “Seattle is Dying,” “The Fight for the Soul of Seattle” takes real problems — homelessness, drug addiction and the ensuing impacts on the city — and magnifies them into a force that is destroying the Emerald City without engaging with solutions

“I’m going to start by saying this,” reporter Eric Johnson intones at the top of the piece. “Seattle no longer feels the need to stop anyone from doing anything for any reason at any time.” The words land over images of homeless people asleep on the ground, exposed to the elements, evidence of the city’s culture of permissiveness.

Much like its prequel “Seattle is Dying,” which ran in March 2019, “The Fight for the Soul of Seattle” takes real problems — homelessness, drug addiction and the ensuing impacts on the city — and magnifies them into a force that is destroying the Emerald City without engaging with solutions like affordable housing, access to mental health services, provision of appropriate shelter space and the ability to raise funds through equitable taxation.

As though housed people do not commit crimes. As though they do not suffer from addiction. As though homelessness was some kind of moral failing.

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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. Earlier this month, we took a look back at just some of the work we’ve been able to do thanks to generous contributions from our readers, but those pieces represent just a handful of the hundreds of stories we’ve published this year.

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 and exclusively by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. 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.

If there is any kind of failing here, it is one of journalism.

“The Fight for the Soul of Seattle” is replete with long-distance shots of people experiencing homelessness at the nadir of their lives, including some who Johnson alleges are using drugs right on camera. But there is no evidence that Johnson spoke to the people whose lives he trots out on screen as proof of Seattle’s decline. This is bad practice, but it’s also perilous. In Johnson’s previous work, “Seattle is Dying,” he included long-distance shots of a man rolling on the ground, insinuating that he was homeless.

Crosscut reporter David Kroman found Robert Champagne, who hadn’t been homeless in more than three years by the time “Seattle is Dying” aired.

And, while he insinuates that the block in front of the Morrison Hotel—site of the Downtown Emergency Service Center’s main shelter—is the most dangerous area of Seattle, Johnson did not bother to contact the shelter itself.

I know this because I did.

Daniel Malone is the executive director of DESC, Seattle’s largest shelter provider. In the nine months since the coronavirus pandemic began, DESC decamped from its main shelter to the Red Lion hotel in Renton, although it still offers housing at the Morrison and behavioral health services in the vicinity.

“It’s not like we picked up and left,” Malone said.

Had KOMO contacted him for the piece, Malone said, he would have shared the stark reality. He would have explained the efforts that DESC goes through to provide help to people dealing with serious mental health challenges. He would have explained the limitations of what they are able to provide.

“But I didn’t have that opportunity,” Malone said.

Scott Lindsay, the former public safety advisor to Mayor Ed Murray, did.

“Let’s be super clear,” Lindsay says. “It is the drugs.”

In a follow-up interview via email, Lindsay clarified that he objects to the way that the city handles homelessness and crime. Continue reading “Sinclair-Owned KOMO’s Latest Exploitation Film Ignores Causes of Homelessness—and Solutions”

Morning Fizz: Planning for Civil Unrest, Dismantling the Navigation Team, and Rethinking Prosecution

Image via King County Elections

1. As the federal government and state police prepare for possible civil unrest on Election Night, the city of Seattle says it does not plan to physically open its Emergency Operations Center, which coordinates emergency response during crisis situations and extreme weather and public health events.

However, the Seattle Police Department has restricted time off for officers who may be deployed to respond to demonstrations during the week following the election, and the city has sent information to businesses in neighborhoods where protests are common, such as  Capitol Hill, about “how to prepare and secure their employees and customers as well as their property to mitigate the impact of broken windows and graffiti, should that occur,” according to a spokeswoman for Mayor Jenny Durkan’s office.

As of November 1, 72 percent of ballots sent to registered voters in King County (and nearly 75 percent in Seattle) had been returned. Although Washington state votes by mail, the county has opened seven voting centers where people can vote in person until 8pm on election day, including two in Seattle.

Durkan’s spokeswoman said SPD “does not have any intelligence to indicate that there will be large-scale demonstrations on Election Night or the days following. Our partners at King County Elections have not reported any threats or security issues at any ballot boxes. As such, the SPD and Seattle Fire Department’s planning is for contingency purposes only, and does not indicate that there will be demonstrations or unrest.”

City council member Tammy Morales formerly introduced her proposed alternative to Durkan’s proposed replacement for the Navigation Team, called the HOPE Team, last week. The five-member team would be a scaled-back, service-focused version of the Outreach and Engagement Team proposed by Durkan and council member Andrew Lewis last month—a team that would itself be a kind of scaled-back Navigation Team, one that would put the members of the recently disbanded Navigation Team to work in new roles “coordinating” the work of the city’s contracted outreach providers.

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During the council budget hearing on Friday, Lewis suggested that the differences between his plan and Morales’ were minor, but said he wouldn’t co-sponsor her proposal “because of my involvement in a parallel process.” Last week, Morales told PubliCola she believes the language in Lewis’ proposal is still “vague” enough to allow members of the larger team to do direct outreach. “I think we need to leave that work to the service providers—to the folks that are out there every day and understand the importance of developing relationships,” Morales said.

The HOPE team would include a team manager, a liaison to coordinate with other departments like Seattle Public Utilities, which manages the “purple bag” encampment trash pickup program, one data analyst (read more about why one data person may not be enough for a team dedicated to coordinating outreach and shelter referrals here), and two “provider and neighborhood liaisons” who would work with King County Public Health and providers to “provide reasonable notification of a[n encampment] removal and time to plan and implement the relocation.” Continue reading “Morning Fizz: Planning for Civil Unrest, Dismantling the Navigation Team, and Rethinking Prosecution”