Category: City Council

Council Votes Down Drug Bill, But the Debate Over Criminalization Isn’t Over

Council member (and swing vote) Andrew Lewis; screenshot from Seattle Channel recording

By Erica C. Barnett

After a tense, emotional meeting Tuesday, the Seattle City Council voted 5-4 to reject legislation proposed by City Attorney Ann Davison that would have empowered Davison to prosecute Seattle residents for simple drug use and possession.

The bill, co-sponsored by Councilmembers Sara Nelson and Alex Pedersen, would have incorporated most of a new state law making drug use and possession a gross misdemeanor into the city’s municipal code. The state legislature changed the law this year after the state supreme court overturned the state’s felony drug possession law in a decision called Washington v. Blake.

The swing vote was Andrew Lewis, a former assistant city attorney who represents downtown Seattle and is up for reelection this year. On Tuesday, Lewis said he had planned on voting for the bill, but changed his mind after Davison abruptly and unilaterally announced the city would no longer participate in community court, a therapeutic court that did not require people to plead guilty of a crime to participate.

Lewis’ vote, he said, came down to the fact that he didn’t believe Davison would use the law judiciously after she effectively eliminated the city’s only therapeutic court.

“What it really came down to was that I don’t have any guarantee right now, with these misdemeanors, that jail isn’t going to be the primary remedy that’s sought to enforce them” in the absence of community court, Councilmember Andrew Lewis said. “”This infrastructure has to be in place, or at least there has to be a commitment or an outline for what we are going to do, and I ultimately didn’t feel comfortable giving that authority without that.”

“I came out here on the dais today fully prepared to vote for this measure,” Lewis said. “I am not necessarily opposed to incorporating the statute into our [city code], and I was prepared to do this. I think it is generally proper for us to do it. But with the ending of community court, without any additional process, I just can’t do it today.”

On Wednesday, Lewis told PubliCola that what his vote “really came down to was that I don’t have any guarantee right now, with these misdemeanors, that jail isn’t going to be the primary remedy that’s sought to enforce them” in the absence of community court. “It doesn’t exist now, but maybe we could make a successor court” to community court, he said.  “This infrastructure has to be in place, or at least there has to be a commitment or an outline for what we are going to do, and I ultimately didn’t feel comfortable giving that authority without that.”

This afternoon, Lewis announced he would propose a path toward passing a version of Davison’s law, after working to develop a “successor court” to community court, develop and fund treatment-based pre-filing diversion, working “to scale and deploy” an evidence-based response to fentanyl use in Seattle, and “finally, after creating those necessary pathways for treatment and diversion, propose legislation making the Seattle Municipal Code consistent with State Law on possession and public use.”

Tensions were high in council chambers on Tuesday, as dozens of public commenters opposed to the law expressed their grievances with the council in general, and Nelson—who owns Fremont Brewing, a brewery and bar, with her husband—in particular.

“We all know that the Seattle Police Department will not be investigating, arresting, and charging anyone who is doing lines of coke in the bathroom of the Fremont Brewery,” Molly Gilbert, head of the union representing King County Department of Public Defense employees, said. “You are literally a drug dealer!” another commenter quipped.

Others responded to claims that the proposal was not tantamount to a “drug war,” because it would only make drug use and possession a misdemeanor, by telling the council how their own lives were derailed by misdemeanor drug convictions. Liletha Williams, one of the last people to speak, testified that her misdemeanor convictions in the 1990s “destroyed my life.”

“I’m 62 and I don’t have any retirement,” Williams said. “I have to work. I’m sick. I can’t have surgery because I can’t miss work. This is all because of my drug addiction in 1990.”

Moments after listening to this testimony, Nelson said her legislation had nothing in common with the drug war of the 1990s.

“I believe that equating this legislation to the war on drugs is frankly to diminish and minimize the damages and the heinousness of that stain on our history,” Nelson said. “Those were felonies. People were thrown into jail for years on felony charges having to do primarily with cannabis and coke and crack and heroin, etc. We are talking [about creating a] gross misdemeanor to address the most potent and dangerous drug to hit our streets, ever.”

Juarez—who briefly put the meeting into recess after people objected to her proposal to end public comment before everyone had spoken—also described fentanyl as a uniquely deadly and dangerous new drug.

“Let me be clear,” Juarez said, “fentanyl is poison. The effects are different and more deadly than than we have ever witnessed with other dangerous drugs like cocaine or heroin. There is no such thing as a functioning fentanyl user. You either have treatment or you die. And you die soon.”

In fact, fentanyl has been legally manufactured and prescribed in the US since the 1960s for long-term pain management and is on the World Health Organization’s list of essential medicines, along with many other potentially addictive drugs. (Nor—despite frequent claims to the contrary—can people get high or overdose from secondhand fentanyl vapor, according to the Seattle/King County Department of Public Health.)

“Let me be clear,” Council President Debora Juarez said, “fentanyl is poison. The effects are different and more deadly than than we have ever witnessed with other dangerous drugs like cocaine or heroin. There is no such thing as a functioning fentanyl user. You either have treatment or you die. And you die soon.”

So what happens now? As it has since May, the new state law applies in Seattle, meaning that drug use and possession are both illegal. (This is true despite a false claim from Davison that “Seattle will now be the only municipality in the State of Washington where it is legal to use hard drugs in public.”). Seattle Police Department officers retain their existing authority to arrest people under the state law, and King County Prosecutor Leesa Manion retains her existing authority to prosecute people for misdemeanor drug use and possession. And Davison can continue prosecuting misdemeanors related to drug use, such as shoplifting and trespassing—something that has already been keeping her busy in the absence of broad the broad new authority she sought.

In all likelihood, SPD won’t start rounding up fentanyl users on Third Avenue, and Manion won’t start prosecuting people for simple possession, but that would have been the case even if the legislation had passed. Manion, who supported the bill, rarely pursues even felony drug cases, and SPD has been focusing its resources on people higher up the illicit drug food chain—”the dealers and traffickers bringing this poison into our communities,” as Mayor Bruce Harrell put it in a statement after the vote. Harrell, no fan of drug-war policies, has stayed largely silent on the legislation; in his statement, he said it was “unacceptable for people to consume illegal drugs in public spaces,” but also emphasized “new and innovative approaches to ensure those in need receive the treatment they deserve,” such as contingency management.

Lewis’ potential legislation is the wild card. If he re-introduces some version of Davison’s bill—criminalizing drug use but securing promises from her office about diversion and treatment, for example—it could reignite a largely irrelevant debate about arresting and jailing drug users amid an overdose crisis that cries out for evidence-based approaches, not overheated drug-war rhetoric.

Drug Criminalization Bill Could Hang on One Vote; Dones May Get Consultant Contract After Leaving Homelessness Agency

1. As of last week, the Seattle City Council seemed likely to vote at least 5-4 in favor of legislation, proposed by City Attorney Ann Davison and sponsored by Councilmembers Sara Nelson and Alex Pedersen, to criminalize simple drug possession and public use at the city level. The state legislature, responding to a state supreme court decision overturning the state’s previous felony law, made drug use and possession a gross misdemeanor earlier this year; the local proposal would incorporate parts of that law into the city’s municipal code.

However, after Davison abruptly withdrew the city from Seattle’s community court—a therapeutic court that accepts people accused of most misdemeanors without requiring them to plead guilty of a crime—council members who were leaning toward a “yes” vote have reportedly been reconsidering their positions. If Councilmembers Teresa Mosqueda, Tammy Morales, Kshama Sawant, and Lisa Herbold all vote “no,” all it will take is one more council member—either Andrew Lewis or Dan Strauss, both up for reelection this year—to doom the bill.

Lewis declined to comment on Monday, and Strauss did not respond to a text message last week. However, Strauss proposed an amendment on Monday that would add a “whereas” clause the bill pointing out that the state law mentions diversion, treatment, and services as alternatives to booking and prosecution, suggesting that he may believe the new law meaningfully encourages these alternatives.

If Strauss supports the bill, the decision would come down to Lewis. Although Lewis told the Seattle Times he supports prosecuting people for public drug use, that was before Davison withdrew the city from community court. In light of that decision, Lewis may want to avoid handing more authority to a separately elected official who has demonstrated she will act unilaterally to penalize low-level crimes. During Monday’s council briefing, Lewis criticized Davison’s decision, saying it was “concerning that the decision to pull out and disrupt that program has been made without a well-thought–out plan on what replaces it.”

The criminalization bill skipped past the usual committee hearing, so tomorrow’s 2 pm full council meeting will be the first time the council discusses the legislation publicly, and the first and last opportunity for the public to address the council directly before the vote.

2. Former King County Regional Homelessness Authority CEO Marc Dones, who announced their resignation last month, will reportedly receive a public contract to work on an unspecified project for the agency for up to three months after their last day on June 16. Sources close to Dones and the agency were tight-lipped about the details, but the deal is said to be a kind of payment in lieu of severance because Dones decided to resign rather than forcing the agency to fire them, which was starting to look more and more likely in the weeks leading up to Dones’ resignation.

Dones has been a divisive figure, winning praise for their big-picture vision and efforts to include people with direct experience in decisions that impact them directly, along with criticism for neglecting ground-level details, like building relationships with existing service providers and paying contractors on time.

It’s unclear exactly where the money for Dones’ potential contract would come from, and whether it would require them to be physically present at KCRHA headquarters at the same time that an interim director, Helen Howell, is working to establish a new course for the agency. A representative for King County declined to comment on the details of the potential contract, and a representative for Harrell did not respond to an email, a phone call, or a text message seeking comment.

Despite Concerns, Seattle Council Could Criminalize Drug Possession and Use in Seattle Next Week

By Erica C. Barnett

Next Tuesday, the Seattle City Council could adopt legislation to incorporate parts of a new state law criminalizing public drug use and simple possession, adopted during a short special session earlier this year, into the city’s municipal code. The proposal, sponsored by City Councilmembers Sara Nelson and Alex Pedersen and backed by City Attorney Ann Davison, would empower the city attorney’s office to prosecute people for possessing or using illegal drugs for the first time in the city’s history.

The legislature adopted the new law, which makes public drug use and simple possession a gross misdemeanor, during a special session earlier this year. The law is a response to a state supreme court decision known as State v. Blake, which overturned a state law making simple drug possession a felony. The legislature passed a temporary law making possession a felony while it hashed out a more comprehensive proposal, which passed during a special session this year. The new law makes drug possession and public use a misdemeanor, effectively bumping drug cases down from King County Prosecutor Leesa Manion’s office to Davison.

If the council doesn’t pass the new law, Manion would still have the authority to charge drug misdemeanors in addition to felonies, but is unlikely to do so; in a letter to council members, Manion said that even if her office “magically had the staff and resources necessary to take on a new body of work, we would focus those resources on felony prosecutions because the PAO has misdemeanor and gross misdemeanor jurisdiction in only unincorporated areas of King County.  … The City Attorney’s Office is better equipped to handle these cases immediately[.]”

During the year-long period when drug possession was a felony, Manion’s office only prosecuted two possession cases, according to an analysis by city council central staff. That same analysis says that although Davison’s office “has not explicitly stated how they would act upon the authority to charge knowing possession or use of illegal or controlled substances,” a Seattle Municipal Court analysis estimates an additional 700 to 870 cases a year, “based on historical filings before the COVID-19 pandemic” and the state’s own estimate of 12,000 new drug cases annually across the state.

In a letter to the council, the union representing King County Department of Public Defense employees, SEIU 925, called the legislation “an unconscionable abuse by the City Prosecutor, which dismisses solid empirical evidence that the War on Drugs and increased incarceration cause widespread harm throughout our community.

How the new proposals will play out in practice, if they pass, is a matter of significant debate. Opponents say they will empower police to do “stop and frisk” searches and arrest drug users with impunity, clogging up courtrooms and crowding the understaffed county jail. Proponents say the changes will create consequences for people committing crimes and—as Nelson put it in a press statement—”remove any further cause for inaction on the most critical public health and public safety issue of our time.” A third group—let’s call them reluctant proponents—argue that the new laws won’t have much impact, because the city hasn’t prioritized drug cases in the past and shows no sign of changing course now.

In a letter to the council, the union representing King County Department of Public Defense employees, SEIU 925, called the legislation “an unconscionable abuse by the City Prosecutor, which dismisses solid empirical evidence that the War on Drugs and increased incarceration cause widespread harm throughout our community.” Criminalizing drug use at the local level, the letter continued, “would create the same dynamic within SPD which led to the New York Police Department’s ‘stop and frisk’ programs,” which “ultimately led to a class-action lawsuit from public defenders in New York on behalf of their clients.” The letter was signed by all four SEIU chapters in Seattle.

During an online “emergency teach-in” to discuss the proposal on Tuesday, Drug Policy Alliance director Kassandra Frederique said the pressure to re-criminalize drugs in Seattle was part of a nationwide trend toward more punitive approaches to drug use and addiction. “Not only are we criminalizing, or re-litigating, issues that we have decided were inappropriate [for criminalization], we are now creating new crimes in order as a way to deal with the issues at hand,” Frederique said.

A majority of the City Council would probably agree that criminalizing drugs is not the best approach to the rising number of people using and selling drugs in public. However, the legislation may pass with a slim majority, if Councilmembers Andrew Lewis and Dan Strauss—both up for reelection this year—join Nelson, Pedersen, and Council President Debora Juarez in voting for the law. Both were reportedly still considering their votes this weekend.

Why would council members vote for a law criminalizing drug use in Seattle? Politics. Three council incumbents are up for reelection this year, and two—Andrew Lewis and Dan Strauss—are facing challenges from the right that could push them into voting for the law to avoid handing political fodder to their opponents. (Tammy Morales, in District 2, is also up for reelection but has already said she will vote against the bill). Although neither Strauss nor Lewis has said publicly how they plan to vote—in a recent candidate questionnaire, Strauss told the Seattle Times he was a “maybe” on the law—if they were to vote against the bill, opponents aligned with Davison and Nelson could blame them, and the council generally,  for tying the city attorney’s hands and allowing open drug use to continue. The campaign ads practically write themselves.

While it’s true that the city generally incorporates new state laws into its code, the proposed criminalization bill itself actually breaks from that convention, by picking and choosing which parts of the state law the city should adopt.

On Tuesday, expect to hear the argument that it would be highly unusual for the council not to incorporate new state laws into its municipal code, and the counter-argument that refusing to criminalize drug possession at the local level sends an important message that Seattle’s priorities are different than the state’s.

While it’s true that the city generally incorporates new state laws into its code, the proposed criminalization bill itself actually breaks from that convention, by picking and choosing which parts of the state law the city should adopt. According to the council staff analysis, the ordinance “only adopts some portions of the state bill” because some of the provisions include “work that SPD and CAO are not focused upon.” So the council does have, and is already exercising, discretion when it decides whether to make local laws conform with the state’s.

Even the bill’s proponents have acknowledged that the police and courts are unlikely to prioritize low-level drug cases over more serious misdemeanors, such as domestic violence and DUI; the Seattle Police Department is currently hundreds of officers shy of its hiring goals, and the city attorney’s office, county public defense department, and Seattle Municipal Court are also short-staffed.

The state law encourages prosecutors to refer defendants t diversion and treatment programs, but that would require additional funding beyond what the city has already provided for new adult pre-trial diversion programs. (The funding has been sitting at the Human Services Department, unspent, since the council allocated it in 2021.) The city attorney’s office has said it plans to use those diversion funds, once they’re available, for a different purpose: Taking on cases that would have gone to community court, a therapeutic court from which Davison unilaterally withdrew the city last week.

“Building out the needed infrastructure to be able to address root causes of these issues and get individuals into treatment and services may require time and resources,” the central staff memo notes.

Some—including PubliCola guest columnist Lisa Daugaard, who argues that the outcome of the drug law debate is largely beside the point—are unconvinced that the new law will result in mass arrests, prosecutions, and jail, because the city has already reduced its alliance on punitive strategies, even before the Blake decision forced the legislature to pass a new state law. Mayor Harrell, Daugaard wrote, oversees SPD, “and has gone out of his way to make clear that he has no intention of arresting, jail or referring drug users for prosecution.”

Opponents of the proposed new drug laws say that argument is short-sighted, because priorities can change, but laws are permanent. “It is extremely dangerous precedent for a bill to be passed that criminalizes [drug use] and where our elected officials try to placate advocates and community members by saying that they will that they will be able to manage it,” Frederique said during Tuesday’s teach-in. “Those people are temporary actors. Election happen all the time. And what people will look at is the law.”

Moving Beyond Possession and Public Use: Let’s Be the City That Makes Real Progress on the Drug Crisis

City Councilmembers Alex Pedersen and Sara Nelson; City Attorney Ann Davison

By Lisa Daugaard

Seattle can continue to lead the country toward a productive approach to substance use and related problems. This is true no matter what happens when the City Council votes next week on a proposed ordinance, sponsored by Councilmembers Sara Nelson and Alex Pedersen and supported by City Attorney Ann Davison, creating gross misdemeanors under the Seattle Municipal Code for drug possession and public drug use.

If the ordinance is defeated, its proponents are still correct that we need far more urgency in responding to the drug crisis playing out throughout the city. If it passes, its opponents are still correct that the answer to drug-related problems does not generally lie in jailing and prosecuting people for substance use. Whatever happens next week, the work before us is the same: Take the field-leading models our community has devised to foster recovery for people who are most marginalized and exposed to the legal system, and secure the resources needed for those models to have their full impact.

When responding to problematic drug use, we cannot be satisfied with engagement for its own sake. As necessary as overdose prevention and reversal and preventing disease transmission are, they are not sufficient. We have to tackle how people are living, not just prevent deaths.

As a community, we have long known and broadly agreed on what can work well to respond to individuals who use substances in a problematic way: engagement without judgment; pre-booking diversion and pre-arrest referrals to intensive case management; well-designed low barrier interim and permanent housing options for those who are living unsheltered, as well as long-term case management for people whose use is related to complex trauma and lack of other support systems.

These approaches have been branded under names such as LEAD, Housing First, JustCARE, and harm reduction, but they all share elements of evidence-based, well-researched, trauma-informed care strategies and behavior change theory. Indeed, experts in our midst have quietly been teaching other communities how to implement these approaches, nationally and internationally, for more than a decade.

Seattle led the nation in reducing arrests, jail bookings, and prosecutions for drug possession long before the 2021 Washington Supreme Court Blake decision. The fact that there is an ordinance authorizing arrest, jail and prosecution for an offense does not dictate that it be used in a stupid, counter-productive, and evidence-defying way

What we have never done is bring these approaches to scale. Despite a unanimous City Council resolution in 2019 committing Seattle to make LEAD diversion resources available in all appropriate cases, current funding limits require turning down the majority of appropriate referrals. Nor have we complemented this approach with the housing and income supports many people need to make real breakthroughs. CoLEAD and the JustCARE model, funded by temporary COVID relief dollars, began to fill that gap over the last few years, but their future is uncertain as federal relief funding recedes.

It is absolutely true that, all other things being equal, court cases and criminal charges tend to impede recovery, for complex reasons including stigma, collateral consequences, the challenge of making it to court, and the difficulty of making even well-intentioned lawyers into trauma-informed practitioners. Jail and the inherent trauma it represents, including lack of physical autonomy for people who have often been physically abused, almost always impedes recovery. These should not be the primary strategy or the first resort in our response to problematic drug use. Those objecting to the new proposed ordinance are right to raise these issues.

Yet Seattle led the nation in reducing arrests, jail bookings, and prosecutions for drug possession long before the 2021 Washington Supreme Court Blake decision. The fact that there is an ordinance authorizing arrest, jail and prosecution for an offense does not dictate that it be used in a stupid, counter-productive, and evidence-defying way. We made enormous progress as a community, and developed a consensus approach to these issues, while there was still a valid felony drug possession law in place across the state that was fully available to local officers. Police and prosecutor discretion—and the support of city and county public officials and law enforcement leaders—meant that, while the authority to jail and prosecute existed, it was rarely used.

Mayor Bruce Harrell, who has prioritized action on conditions downtown and in the Chinatown/International District, oversees the Seattle Police Department, and has gone out of his way to make clear that he has no intention of arresting, jail or referring drug users for prosecution. And the authors of the new proposed ordinance making drug possession and public use a local crime were not even proposing criminalizing simple drug possession in Seattle until Governor Jay Inslee pressured the legislature to pass a law creating these crimes statewide. It’s regrettable that lawmakers removed the option of local choice, which would have resulted in de facto legalization of possession and private use in Seattle and King County. But it’s worth recalling that, before Inslee’s choice drove us down this road, Davison, Nelson, and Pedersen, to their credit, were championing only a very narrow role for the legal system.

We can use best practices with or without the proposed law. In six months, for example, it will be far more important whether the multi-partner Third Avenue Project is still going on—and the 400-plus people who use drugs, live unsheltered, and are having a problematic impact in the Third Avenue corridor received supportive housing and intensive case management— than whether there is formal jurisdiction for the City Attorney to prosecute these two, of many, offenses that people who use substances often commit.

Drug possession and public use are now gross misdemeanors across the state—including in Seattle. Nothing local officials can do now can formally decriminalize either. It’s evident that some local leaders feel that taking an enforcement role completely off the table sends a message that serious drug issues are unimportant or low priority, and it’s also evident that other local officials cannot stomach any steps that formally invoke the prospect of criminal system consequences for what are fundamentally health and wellness issues.

It’s important to recognize that defeating the ordinance would not in itself represent a progressive approach to drug issues. Let’s fight hardest for what will matter most: whether we actually mobilize the community-based care approach that most people in Seattle support, go and get our people, demand the housing and income support that people need to recover, and provide the wrap-around care without which there is nearly zero chance for stabilization and healing. As it stands, regardless of whether this ordinance passes, we aren’t close to scaling the plan we need—even though we know exactly what it is.

Lisa Daugaard is the Co-Executive Director for Purpose Dignity Action (PDA) (formerly the Public Defender Association), a longtime drug policy reform organization that provides project management for local LEAD diversion initiatives, technical support for other jurisdictions implementing pre-booking diversion models, and partners on the JustCARE and Third Avenue Project initiatives.

Council Candidate Backed Republican Smiley for Congress, Kirk Cameron’s Anti-“Woke” Event Spurred Successful Protest Fundraiser

1. Seattle City Council candidate Kenneth Wilson, running to replace one-term council member Alex Pedersen in District 4, supported Republican Tiffany Smiley over US Senator Patty Murray in the 2022 election, according to campaign finance records as well as Wilson’s response to a lightning-round question at a recent forum sponsored by the 36th District Democrats. At the forum, held on May 23, Wilson indicated “no” in response to the question “Did you vote for Patty Murray”; as the senator’s GOP opponent, Smiley flirted with election denialism and ran as an anti-abortion candidate.

Wilson also donated $500 to Smiley’s campaign last October, according to federal records. During his first run for council in 2021 against incumbent Position 9 Councilmember Teresa Mosqueda, Wilson said he was motivated to run by crime and the presence of “ghetto-type paintings” all over the city.

His opponents include Maritza Rivera and Ron Davis. Rivera, a deputy director of the city’s Office of Arts and Culture whose husband, political consultant Dan Kully, worked on former mayor Jenny Durkan’s campaign, is aligned with Harrell; Davis, who contributed to Harrell’s opponent, Lorena González, is running as a progressive urbanist. Durkan contributed $300 (the legal maximum) to Rivera, her first campaign contribution since 2015, when she gave $125 to the short-lived council campaign of Mian Rice, the son of former Seattle mayor Norm Rice.

Wilson has raised more than any of his opponents so far—about $65,000.

2. About 200 people showed up to see former TV star Kirk Cameron speak at the downtown Seattle Public Library last week, after the library rented a meeting room (subsequently upgraded to the main downstairs auditorium) to the former teen star. As PubliCola reported exclusively earlier this month, Cameron is promoting his appearances, in which he reads from his children’s book, as “a wholesome alternative to the Drag Queen Story Hours promoted by woke Marxist librarians.”

Cameron has said homosexuality is “unnatural,” believes women who have abortions are “murderers,” and has said public schools are “sexualizing” and “grooming” kids, a common trope among right-wing fringe groups. The library told PubliCola it would amount to “government censorship and a violation of the First Amendment” to refuse to rent a meeting room to Cameron’s group.

In a silver lining, the fundraiser raised more than $5,000 in pledges for Drag Queen Story Hour, the American Library Association’s LeRoy C. Merritt Humanitarian Fund (which provides financial assistance for library staffers who lose their jobs for defending intellectual freedom; and Libraries for the People, an anti-censorship group.

According to one attendee—who helped organize a fundraiser to raise money for pro-library organizations—Cameron started his children’s book reading by delivering a “15 minute lecture on America’s tallest granite monument.” (Cameron is so obsessed with this obscure monument, known as the Forefathers Monument, that he made a documentary about it (!) and even sells “high-density resin” replicas of it (!!) for $200 (!!!) on his website. It’s so weird it would almost be charming, if the message of the monument wasn’t that the US is meant to be an explicitly Christian nation).

After that, he brought out the Bremerton coach who won a $2 million settlement after he was fired for holding prayers on the field during football games and led the crowd in reciting the Pledge of Allegiance and singing “God Bless America” before reading two of his children’s books promoting “traditional family values.”

At one point, according to the attendee, “Cameron pointed to the sky and asked the audience, ‘who loves you the most?’ and a kid in the audience yelled ‘Obama!'”

The library had security on hand, along with Seattle Police Department officers, to respond to potential protests. On Tuesday, library director Tom Fay issued a bland statement calling the event “a learning experience for all” and thanking library staff for their work to “minimize disruption and reduce the use of Library resources needed.”

In a silver lining, the fundraiser raised more than $5,000 in pledges for Drag Queen Story Hour, the American Library Association’s LeRoy C. Merritt Humanitarian Fund (which provides financial assistance for library staffers who lose their jobs for defending intellectual freedom; and Libraries for the People, an anti-censorship group.

False Claim that New Rules Would Permit Paving 85% of Residential Land Fails to Torpedo Tree Ordinance

By Erica C. Barnett

Earlier this week, the Seattle City Council finally adopted a set of restrictive new rules making it harder and more expensive for property owners to remove trees in their private lawns by more than tripling the number of regulated trees in the city.

The rules, which govern removal of any tree larger than six inches in diameter, go further than any previous ordinance, requiring land owners to replace any tree larger than 12 inches in diameter or pay a “payment in lieu” of replacement that ranges from $2,833 to tens of thousands of dollars. They are, in a word, Byzantine—and do nothing to address tree loss in the city’s own parks and open spaces, which are losing a greater proportion of their trees than privately owned property.

Which made it all the more remarkable when, at Tuesday’s meeting, “tree protection” advocates—in many cases, people who use “save the trees” as a proxy for anti-housing, anti-renter sentiments—argued that the council should scrap the whole policy in favor of a brand-new proposal floated by Councilemember Alex Pedersen that would vastly restrict development on nearly all the city’s low-density residential land. During public comment, speaker after speaker lined up to argue that the restrictive new tree ordinance would empower developers to “cover 85 percent of detached residential lots with structures,” as one commenter put it—a misinterpretation, encouraged by Pedersen, of regulations that do no such thing.

Pedersen did nothing to dispel his supporters’ misinterpretation of the law on Tuesday. Instead, he argued that the council “should vote [the legislation] down and start over”—presumably with his own proposal, rejected overwhelmingly earlier this month, that would have made it difficult to build anything other than single-family houses in areas where low-density multifamily housing, such as duplexes, was recently legalized.

The misconception stems from the fact that the new bill limits the amount of “developable” land on any residential lot to a maximum of 85 percent, once all tree protection requirements are factored in. In a maximal development scenario, in which tree protection areas only make up 15 percent of a lot, it would still be impossible to turn the rest of the lot into buildings. That’s because the city also has many other ordinances in place requiring walkways, landscaping, parking, green plantings, and other mandatory amenities. Altogether, these mandatory amenities restrict housing development to between 30 and 45 percent of any residential lot.

Pedersen did nothing to dispel his supporters’ inaccurate interpretation of the law on Tuesday. Instead, he argued that the council “should vote [the legislation] down and start over”—presumably with his own proposal, rejected overwhelmingly earlier this month, that would have made it difficult to build anything other than single-family houses in areas where low-density multifamily housing, such as duplexes, was recently legalized.

Quoting at length from the Seattle Times editorial board’s error-riddled argument against the legislation, which also repeated the inaccurate claim that “developers would be able to build on 85% of the lot in low-rise and other zones,” Pedersen said, “The process produced a pro-developer tree removal measure instead of one that actually preserves and grows trees. If this bill passes, there will be less shade and higher street level temperatures. That’s from the Seattle Times editorial board and I concur with those comments.”

The tree ordinance passed 6-1, with Pedersen voting “no”; Councilmembers Debora Juarez and Kshama Sawant were absent.

Council Member Wants to Know: Why Isn’t Harm Reduction Abstinence-Based?

By Erica C. Barnett

City Councilmember Sara Nelson, a vocal advocate for abstinence-based treatment for addiction, argued publicly yesterday with advocates for harm reduction over their approach, which emphasizes keeping people who use drugs alive and helping them address underlying conditions, such as homelessness and health care issues, without judgment or pressure to quit using drugs. Why, Nelson wanted to know, were these organizations focused on reducing harm from drug user rather than “encouraging” them to understand that total abstinence should be their goal?

“What [is] Public Health… doing to move beyond the harm reduction phase and how much money, if any, do you spend on agencies or for treatment that is geared toward abstinence?” Nelson asked. “And as a corollary of that, I guess the more basic question is, does Public Health agree that it has a responsibility to change behavior beyond meeting people where they’re at? Do you feel as thought’s important to help people change their use patterns in ways that they can go into abstinence-based recovery?”

Nelson’s (rhetorical?) questions came during a presentation by three longtime service providers—REACH, the People’s Harm Reduction Alliance, and the Hepatitis Education Project, along with King County Public Health—about how they have used funding from a small grant aimed specifically at reducing harm related to drug use. For years, the city council has also allocated funds for this purpose but the mayor’s office has refused to spend it.

“We’ve got ‘meeting people where they’re at’ covered, I think, when we’re looking at the treatment services that are provided right now,” Nelson said.

The county, strategic advisor and drug policy specialist Brad Finegood assured Nelson, spends “hundreds of millions of dollars” on abstinence-only services; the point of also funding harm reduction, he said, is to “keep people alive” and give them entry points for services amid an overdose epidemic that claimed more than 700 lives in King County last year. Those services, the direct service providers explained, include handing out the overdose prevention drug naloxone, connecting people to health care, offering medication-assisted treatment, and handing out supplies for safer use, including pipes for smoking drugs rather than injecting them.

Nelson (like many local right-wing commentators) zeroed in on safe smoking supplies, suggesting that providers should measure their success by tracking how many people who take pipes end up in treatment.

“I know it can be controversial,” Hepatitis Education Project program director Amber Tejada responded, but “one of the keys that I see is we want to facilitate the autonomy of people that use drugs. There are folks that don’t want to stop using drugs. There are folks for whom abstinence is not how they measure success in life. … Our mission, what we have been able to do really successfully with this program, is to show that people can use drugs safely, and we can help folks get access to resources if that is something they are interested in.”

Last week, Nelson joined her colleague Alex Pedersen and City Attorney Ann Davison to propose new legislation that would enable the city attorney, rather than the King County Prosecutor, to begin prosecuting people for simple drug possession and public drug use. In 2018, King County Prosecutor Dan Satterburg stopped pursuing charges against people for possession of small amounts of drugs while expanding programs like LEAD that work to provide case management and service connections to people who use drugs.

The legislation, if adopted, would represent a profound change to the city’s approach to drug use and a return to war-on-drugs policies that the region has largely abandoned in favor of more compassionate and evidence-based approaches.

Last year, Nelson inserted language into the 2023-2024 budget to fund “facilities” for abstinence-based residential or intensive outpatient treatment using the city’s portion of a state settlement with opioid manufacturers. However, the language of Nelson’s statement of legislative intent leaves wiggle room for other evidence-based types of treatment, such as medication-assisted treatment or contingency management, as a presentation from council central staff at yesterday’s meeting also made clear.

Yesterday, Nelson expressed her frustration that the “private provider community,” which has “more availability for people who have insurance or can pay out-of-pocket,” has not been directly involved in the group that will make recommendations on what kind of treatment to fund with the money she proposed setting aside.

The point of her budget amendment, Nelson said, was “to establish a pilot program that would allow the city to directly contract with treatment facilities, private or public, in order to [help] people who are at the phase of really wanting to go into rehab, get into rehab, especially if they don’t have medication” as an option, as opioid users do.

“We’ve got ‘meeting people where they’re at’ covered, I think, when we’re looking at the treatment services that are provided right now,” Nelson said.

Pedersen Fails to Stifle Housing Development in the Guise of “Tree Protection”

By Erica C. Barnett

City Councilmember Alex Pedersen, who’s leaving next year after a single term, had hoped to stuff a new tree-protection ordinance with amendments that would prohibit new development in many historically exclusive single-family areas.

Instead, Pedersen’s colleagues rejected nearly every one of his proposed amendments, leaving Pedersen—whose Zoom background includes a yard sign promoting the Seattle advocacy group TREEPAC—to vote against a bill that would have represented his primary legacy on the council.

The bill that passed out of committee, without Pedersen’s amendments, still creates a Byzantine maze of new regulations aimed at preventing tree removal on private property.

But Pedersen’s proposals would have gone much further—dramatically increasing the cost to remove trees, restricting where new trees could be planted, and shrinking the area where a property owner could build new housing through a series of overlapping protections that would require a PhD. in math to decipher. Pedersen said he based his amendments on a letter from the Urban Forestry Commission.

In all, Pedersen proposed 17 amendments that would have imposed new restrictions on development or made it more expensive to build. Every one of his substantive amendments failed—a limp denouement to the Northeast Seattle council member’s years-long efforts to prevent new housing in the guise of tree protection.

Some, like an amendment to change the way the maximum developable area on a piece of property is calculated, would have made it harder to build anything other than a single-family house in neighborhoods where, thanks to a groundbreaking density bill the state legislature passed this year, it’s now possible to build up to four units per property. Others, like an amendment to increase the amount property owners must pay to remove trees, were designed to maximize the financial pain of removing trees for development. A third group of amendments would have created new reporting requirements and enlarged the bureaucracy charged with enforcing the new tree laws.

All of Pedersen’s amendments failed—a limp denouement to the Northeast Seattle council member’s years-long efforts to prevent new housing in the guise of tree protection.

One of the primary new rules in the underlying tree protection bill is a change allowing development on up to 85 percent of residential lots, with exceptions that would make the development area smaller or larger in some cases. Pedersen wanted to change that baseline, in zones where multifamily housing is allowed, to a variable rate based on floor-area ratio—a measure of the total square footage inside a building, including buildings with multiple floors—which could have the impact of reducing the size of new housing developments or making them infeasible to build.

“This almost feels like a proxy for anti-density more than it is about protecting trees,” land use chair Dan Strauss, who sponsored the underlying tree legislation, said before the vote.

Councilmember Sara Nelson—a frequent Pedersen ally—also voted against several Pedersen amendments, citing the need to encourage new housing in lower-density zones. Mid-rise areas, where small apartment buildings and townhouses are allowed, are “where some of the most affordable pathways to homeownership, through townhomes, is happening,” Nelson said, “and so that’s a pretty important zone to just single out [for new restrictions].”

The committee also voted down a Pedersen amendment that would change the “tree protection area,” where construction is prohibited, from a consistent area defined by a tree’s “drip line” to a complicated, variable formula based on a tree’s diameter, age, root spread, soil health, tree health, and species. At its upper limit, Pedersen’s proposal could have prohibited construction within hundreds of feet of a tree in every direction.

Pedersen also attempted, unsuccessfully, to change the standard for replacing trees removed for development to an “inch for inch” requirement, meaning that if a person removed a 24-inch tree, for example, they would have to plant six four-inch trees somewhere else.

The term echoes anti-development demands for “one-for-one replacement” of dilapidated housing as well as the concept of “concurrency”—the idea that cities should not allow new development until they expand the capacity of its streets, transit systems, sewers, and other amenities to accommodate new residents. The biggest difference between “inch for inch” and “one for one,” of course, is that trees grow.

The legislation still places the burden of tree preservation and replacement on individual property owners, despite the fact that almost half the tree loss in Seattle has occurred in city-owned parks and rights-of-way.

Pedersen also failed to pass an amendment that would require property owners to plant new trees only in areas of the city with low tree canopies. The idea sounds equitable—historically, the city failed to plant trees in neighborhoods where more people of color live, and has an obligation to right that wrong—but, in practice, it would do little to improve tree canopy in underserved areas. And it would create logistical and ethical questions—requiring homeowners building a backyard apartment in North Seattle, for example, to physically take trees to South Seattle and plant them in front of other people’s homes.

A final Pedersen amendment, which would increase the fee to remove midsize trees from $2,833 (in the underlying legislation) to a variable rate ranging from $4,000 to $7,425, didn’t get a vote. (Making the case, Pedersen claimed developers would choose to take lower profits rather than passing the cost of tree replacement fees on to renters or homebuyers.) Instead, the council adopted an amendment from Strauss increasing the fee to remove some protected tree species while keeping the basic fee at $2,833.

The full council will vote on the entire tree protection later this month.

As we’ve noted, the legislation still places the burden of tree preservation and replacement on individual property owners, despite the fact that almost half the tree loss in Seattle has occurred in city-owned parks and rights-of-way. Forcing private property owners to plant or preserve trees on their lawns won’t save Seattle’s tree canopy, but it will prevent some development and drive up the cost of housing as developers pass along their increased costs. The good news is that the council majority seems to have prevented Pedersen, an anti-density crusader to the end, from using tree protections to place a stranglehold on new housing in every corner of the city.

As a Firefighter, I Oppose Criminalizing “Interference” with Seattle Fire Department Personnel

Photo by Joe Mabel; CC by SA 3.0 license.

By LéTania Severe

The Seattle City Council is considering legislation to protect firefighters responding to emergencies, making it a crime to physically interfere with them as they try to provide aid.

This proposal, which would expand the existing law against “obstructing” police officers to include Fire Department personnel, will not only fail to protect firefighters, it will make things worse for them and the communities they serve—particularly the Black community members who face disproportionate arrests and prosecutions under the existing “obstruction” statute.

How do I know this? For the last five years, I have been a firefighter/EMT for Central Pierce Fire and Rescue, giving me a front-row seat to the challenges of the job.

While my firefighting work is in Pierce County, I currently live and rent in Seattle’s District 2. I also have a PhD in Sociology and have spent the last 17 years researching homelessness, housing, and criminal legal system policy in Seattle and the broader region. I am Black, queer, and nonbinary, and I co-led the Black Brilliance Research Project, funded by City Council to answer questions around how we build community safety and community health. These experiences have equipped me to assess the current bill before City Council and compel me to speak out against it.

Firefighters are called to respond when people are having their worst day. Firefighters remind each other about this often. It helps ground us so that we don’t take people’s behavior or words personally. As firefighters, we work for the people. We don’t force our service onto people; that’s not our job. We ask them why we were called and what they need.

​​Firefighter work is stressful and grueling. I can tell you from experience that 24-hour shifts do not result in us showing up to calls with our best selves. Being woken up in the middle of the night to answer the community’s call for help when you are already sleep-deprived is demanding and keeps firefighters in a heightened “fight mode” for the entirety of our shift.

These conditions are among the biggest challenges we face. But the proposal before the council, which criminalizes community members for interfering with firefighters, does nothing to address the stress and impact on our bodies caused by our work.

The proposed legislation does nothing to address any of the underlying reasons that trigger the need for an emergency response. In fact, our community has seen money moved out of these areas of upstream intervention in order to put more money into policing the results of these failures.

Sometimes as firefighters, the stress we shoulder aggravates the situations we enter. In my experience, these are the times when we experience “obstruction” from the patients we serve. For example, impatient firefighters sometimes wake someone up from an overdose too fast by administering Narcan too quickly. In these situations, the person’s body will react with shock and confusion. That person should not be blamed for their body’s response. When we arrive on a call to an individual experiencing a mental health crisis, we should hold them in grace as we focus on helping them move through it and then do our best to address the root causes of that crisis.

Other examples of our own stress as firefighters aggravating the situations we enter include firefighters escalating stressful situations instead of showing compassion and using de-escalation skills; firefighters taking a patient’s refusal of services personally and attempting to force their services on a patient who does not want it; and firefighters not respecting the agency of patients

This bill doesn’t address any of these situations. Instead, it makes things worse by criminalizing the very communities we are called to serve.

We all know that firefighters are often called to intervene because of bigger system failures. Indeed, the proposed bill’s language acknowledges as much: “[I]t is well known that the challenges faced by all our public safety employees at the City of Seattle have increased with the rise of the opioid epidemic, economic uncertainty, and multiple public health crises – COVID, mental health, and substance use.”

And yet the proposed legislation does absolutely nothing to address any of the underlying reasons that trigger the need for an emergency response. In fact, our community has seen money moved out of these areas of upstream intervention in order to put more money into policing the results of these failures. This bill, which expands expensive and harmful criminal legal system responses to social problems, continues the same pattern.

This bill claims to “give our fire department employees in the line of duty an additional tool for their personal safety and the ability to secure the scene of a medical health response or fire response, particularly in the case of bystander intervention while firefighters and paramedics are providing aid.”  But this legislation won’t actually prevent “bystander intervention,” because it relies on the police to respond and arrest only after an alleged interference. This bill does not deter anything. Instead it will make things worse by criminalizing behavior that can be better mitigated by addressing root causes. 

What could a better bill do? 

A better bill would move funding for addressing overdose calls from SFD and SPD to community members instead. Bystanders safely administer Narcan in the field every single day. They save lives and they do so compassionately, because unlike firefighters, they often know the person, or the person is a member of their community.

It is well established that firefighters and police officers are extremely ill-equipped to meet the needs of community members experiencing a mental health crisis. I have never received good training on responding to calls in which individuals are in mental health crises and I’d bet that Seattle firefighters haven’t, either.

The common denominator between overdose and mental health calls is that they require an immense amount of patience. When fire departments are understaffed, patience goes out the window. Again, this bill does not address this problem. There are many things that can improve our job, such as more training, more staffing, better schedules, addressing system failures, more tools to regulate our nervous systems on shift, de-escalation training, Narcan administration training and mental health crisis response training.

What if rather than expanding a system that causes harm, we actually focused more on assessing which social safety nets have utterly failed the folks who need us? What if we moved funding out of SFD and SPD to empower community members to respond to mental health crises?  What if we actually committed to addressing the root causes?

I suspect we will be told that addressing root causes is impossible given Seattle’s budget deficit. But it’s never too late to reallocate funding from our bloated punishment budgets (police, courts, and prosecutors) toward making firefighter jobs and our community safer. If the City Council cares about firefighter safety and community safety, they will vote NO on the current obstruction bill, and fund community response instead.

LéTania Severe PhD (they/them) is a Black, queer, non-binary researcher and firefighter who organizes with Seattle Solidarity Budget, a cross-movement coalition of over 200 organizations, fighting for a city budget that divest from harmful systems like police, courts and jails and reinvests in meeting community basic needs including housing, transportation, climate change resilience and more. LéTania is also a coordinator for Seattle’s new Community Response Network, which trains community members to respond to emergencies in their own communities.

Proposal to Make Public Drug Use a Misdemeanor Unlikely to Have Much Visible Impact

City Councilmembers Alex Pedersen and Sara Nelson; City Attorney Ann Davison

By Erica C. Barnett

Seattle City Councilmembers Sara Nelson and Alex Pedersen, along with City Attorney Ann Davison, proposed legislation on Thursday that would make public consumption of illegal drugs, other than cannabis, a misdemeanor, punishable by up to 90 days in jail and a maximum fine of $1,000.

The legislation comes in the context of the state legislature’s failure to address drug possession in the session that ended Sunday. In 2021, the state supreme court issued a called State v. Blake, which decriminalized simple drug possession—previously a felony. In response, lawmakers passed a temporary law that made possession a misdemeanor, rather than a felony, giving themselves until July of this year to come up with a permanent replacement. Gov. Jay Inslee is expected to call a special session on the issue next month.

Meanwhile, cities around the state are already proposing their own local laws criminalizing drug possession that would go in effect if the legislature fails to take action by July.

The proposal in Seattle does not directly address drug possession. Instead, it focuses on the kind of visible, public use that grabs headlines—people smoking meth or fentanyl on park benches, in doorways, and on public transit. At a press conference announcing the legislation on Thursday, Davison, Nelson, and Pedersen all framed public drug use as a public safety issue and suggested that their legislation would send a signal to drug users that they could no longer use in public spaces.

“Enough is enough. We need to reclaim our public spaces—all of them. We need to intervene in the lives of people who are suffering and to do that we must see them and say that what they’re doing in public is not okay for them, or for us collectively.”—City Attorney Ann Davison

“Our buses are unhealthy to use. Our transit centers feel unsafe to wait in, and people walking down the street feel afraid,” Davison said. “Enough is enough. We need to reclaim our public spaces—all of them. We need to intervene in the lives of people who are suffering and to do that we must see them and say that what they’re doing in public is not okay for them, or for us collectively.”

Nelson said the “economic revitalization of downtown” depended on “giv[ing] our officers a tool to interrupt” public drug consumption. Workers “are afraid to ride public transit to work or walk to their office past people smoking fentanyl on the street,” she said. “Meanwhile, summer’s around the corner, and parents want to be able to take their part their kids to the park without people doing drugs right in front of them.”

Despite all the tough talk, the legislation—if it passes—is unlikely to have much of an impact on public drug use downtown or elsewhere. (Notably, although all of its supporters focused on mitigating harm to children, the legislation is silent on private drug use by parents or caregivers, which causes far more harm to actual children than walking past a stranger smoking fentanyl in the park).

For one thing, as Davison acknowledged, the Seattle Police Department doesn’t have enough officers to enforce the drug laws that are already on the books, including laws against dealing and trafficking. For another, the downtown jail isn’t booking people on low-level misdemeanors, and won’t be starting any time soon—just last month, the county moved 100 people from the downtown jail in because of understaffing.

“I recognize that [SPD is] down 30 percent of their force, and we need to make sure that they’ve got adequate staffing levels to be able to improve the public safety of people and businesses across the city,” Nelson said. “What I’m worried about right now is getting the basics right, and making explicit that we don’t allow the public use of illegal drugs.”

As she did during Harrell’s executive order announcement, Nelson distinguished between “deadly” illegal drugs and alcohol, supporting Harrell’s proposal to legalize “sip and strolls” events where people participating in downtown events can consume alcohol on sidewalks and other public spaces. Prior to the pandemic, alcohol use killed 140,000 Americans every year, according to the CDC, and alcohol consumption as well as binge drinking has only increased since then.

Davison said she hoped to work with “our diversion partners to get people into treatment. … The goal is always recovery—to disrupt antisocial behavior, to encourage people into treatment, and to make our streets parks and buses safer.”

The city’s primary pre-filing diversion program, LEAD, is not primarily focused on putting people in treatment as an alternative to jail; instead, it provides intensive case management based on a person’s needs, with a focus on harm reduction.

The co-director of the organization that runs LEAD, Purpose Dignity Action (formerly the Public Defender Association), said Thursday that the legislation “could be far worse, as we can see from the bill that was passed by the Democratically controlled Senate.” That bill made drug possession a gross misdemeanor, punishable by up to 364 days in jail, with a treatment alternative that carried harsh penalties for “failure to comply” with mandatory treatment.

“Aside from using the criminal system for what are fundamentally health issues, this legislation doesn’t inflict any additional problems or harm,” Daugaard said.

“I want to see that this legislation was created with appropriate input from impacted communities, law enforcement and first responders, and providers of triage and treatment. Another policy tool helping people accept services may enhance our efforts, but recreating the war on drugs would crater them.”—Mayor Bruce Harrell

In a statement, City Councilmember Lisa Herbold, who chairs the council’s public safety committee, said she would “not consider a local Blake decision fix or any local drug laws” until the legislature has had a chance to meet in special session and come up with a fix. … I remain committed to Seattle’s approach, as outlined as recently as last week in Mayor Bruce Harrell’s Executive Order, to work to ensure people struggling with addiction get the treatment they need.”

As we reported earlier this month, Harrell’s executive order includes support for a new pilot contingency management program that will provide incentives for drug users who abstain from their drug of choice; it also expands the fire department’s Health One program to include a new overdose response unit.

In a statement, Harrell said that although “[i]t is never acceptable for people to smoke fentanyl or consume illegal drugs on Seattle sidewalks and public spaces… it is essential that we advance evidence-based policies, programs, and services that help those in need get the treatment they deserve–and continue focusing on arrests of those dealing or taking advantage of people in crisis, both of which are critical to restoring feelings of safety downtown and for all Seattle neighbors.”

“I want to see that this legislation was created with appropriate input from impacted communities, law enforcement and first responders, and providers of triage and treatment,” Harrell continued. “Another policy tool helping people accept services may enhance our efforts, but recreating the war on drugs would crater them.”