Category: Crime

New Plan for Dealing With “Prolific Offenders” Substitutes Punishment for Harm Reduction, Advocates Say

Advocates for harm reduction took strong exception to a set of recommendations from a joint city-county “High Barrier Individuals Working Group”, arguing that several of the proposals are just extensions of the existing, punishment-based criminal justice system rather than the kind of programs that make meaningful, lasting change in the lives of people suffering from severe addiction and mental illness.

The four-pronged plan, which Mayor Jenny Durkan, King County Executive Dow Constantine, City Attorney Pete Holmes, and King County Prosecutor Dan Satterberg announced last week, came out of the recommendations of a work group assembled to respond to former city attorney candidate Scott Lindsay’s controversial “System Failure” report last year. That report looked at the records of 100 people with long lists of misdemeanor charges and determined that many of them had failed to comply with conditions imposed by the court, such as mandatory abstinence-based treatment, random drug and alcohol tests, and appearing regularly in court.

“We have too many people who’ve been cycling through the criminal justice system and we have not been able to design the right interventions for that,” Durkan said in announcing the proposals last week. “We had some of the highest-cost interventions that were also the least effective. We knew we needed to come together and bring people across jurisdictions to address this issue.” Satterberg described the proposal’s goals more bluntly: City and county officials needed a way “to manage what we see as obvious social disorder.”

The four pillars of the plan, which would be partly funded through Durkan’s upcoming budget proposal, are:

Expanded probation. This would include a new “high-barrier caseload” model, in which probation officers (described in the recommendations as “probation counselors”) would meet with parolees outside the probation office and parolees would be required to show up in court more frequently; and a “high-barrier treatment” model, in which offenders would get reduced sentences in exchange for going to inpatient addiction treatment.

According to Durkan, “probation counselors” with “special training in harm reduction…will meet with individuals where they are in the field, have more frequent review hearings with judges, and give people that chance to spend less time in jail only if they agree to certain dependency treatment.”

Harm reduction advocates say adding more obstacles, such as additional mandatory court dates and coercive treatment,  represents a fundamental misunderstanding of the concept, which relies on non-coercive tactics to help people achieve better health, fewer arrests, and a better quality of life. This, in turn, reduces the harm they cause the community. They also argue that sending probation officers out into the field to track down clients and provide “counseling” will cause confusion and could lead to greater harm to people on probation, because probation officers (unlike real counselors) are obligated to tell the judge if a client is violating the terms of their probation.

“It would be incongruous and disingenuous to train probation officers in harm reduction counseling if the judges—to whom the probation officers report—were to use coercion to force people into mandated and abstinence-based treatment and require abstinence in return for reduced sentencing.”

“I’ve found in my clinical practice that clients start to get confused when parole officers start calling themselves ‘probation counselors’ because they start to think, ‘I can tell this person anything, and, I can tell them how I’m really doing,’ but [the probation officers] are still in this adversarial role,” says Susan Collins, co-director of the Harm Reduction Research and Treatment (HaRRT) Center at the University of Washington. For example, if someone on probation told their “probation counselor” that he was struggling to abstain from drugs and alcohol, the officer would have to report that to a judge as a probation violation, which could land the parolee back in jail.

Mandatory treatment is also contrary to harm reduction, because it makes sobriety, rather than improved outcomes, the goal. “Harm reduction doesn’t have to be at odds with serving protecting public safety. In fact, these goals would seem to be very compatible if we weren’t so fixated on abstinence achievement as a proxy for not committing crimes.” Moreover, it isn’t very effective, especially for people with severe drug and alcohol use disorders who are also facing other major challenges such as a criminal record and homelessness.

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The “success” rate of short-term inpatient treatment, which is what the report recommends for parolees struggling with substance use disorders, is abysmally low already (about 9 out of 10 people with alcohol disorders who enter inpatient treatment, for example, relapse in the first four years), and the “success” rate for people with no support system or place to live when they get out is likely even lower. Although the work group’s report quotes an NIH pamphlet saying that “treatment does not have to be voluntary to be effective,” that pamphlet does not include links to actual research, which shows that although forced treatment can work, it usually doesn’t. The most recent research on the kind of severely addicted, chronically homeless people the probation proposal is supposed to address, Collins points out, actually showed that mandatory 28-day inpatient treatment was the least effective form of treatment.

“In addition to the nonexistent research foundation for coerced or mandated abstinence-based treatment for this population, the proposed approach is troubling philosophically,” Collins says. “It would be incongruous and disingenuous to train probation officers in harm reduction counseling if the judges—to whom the probation officers report—were to use coercion to force people into mandated and abstinence-based treatment and require abstinence in return for reduced sentencing. This is like a bait-and-switch for some of the most vulnerable folks in our community.”

Harm reduction advocates say adding more obstacles, such as additional mandatory court dates and coercive treatment,  represents a fundamental misunderstanding of the concept, which relies on non-coercive tactics to help people achieve better health, fewer arrests, and a better quality of life.

Holmes, speaking last week, said expanded probation, with enforcement mechanisms like “random UAs [drug tests]” and consequences for noncompliance, would be complementary to LEAD’s “softer touch.” “We’re talking about a challenging population that does need the specter of a court intervention or revocation hearing [that] can follow when someone doesn’t comply with the terms of their probation. … We do have to [consider] public safety first, and a probation officer is going to be able to bring noncompliance to our attention so that probation can be revoked and sentencing reimposed as necessary.”

Collins, with the HaRRT Center, says “harm reduction”—like the Downtown Emergency Service Center’s successful program for people with alcohol use disorders at 1811 Eastlake— “doesn’t have to be at odds with serving protecting public safety. In fact, these goals would seem to be very compatible if we weren’t so fixated on abstinence achievement as a proxy for not committing crimes.”

The expansion of a recently opened shelter in the decommissioned west wing of the King County jail by 60 beds, which Durkan suggested could be reserved for “high-barrier offenders.” Durkan claimed last week that the shelter would be a “comprehensive place-based treatment center” with “on-site treatment for mental health and substance abuse disorders… something that doesn’t exist” yet in the city.

This statement—repeated by the Seattle Times, which described the shelter as a “60-bed treatment center”—is inaccurate.

“It’s going to be a shelter,” says DESC director Daniel Malone. “So, just to be really clear—it’s not going to be licensed as a treatment facility, but we will bring behavioral health treatment resources there. … What we do in a lot of our locations is have a regular, often scheduled, presence of different kinds of behavioral health specialists there to engage with people, form relationships, and help them access services.” (City officials were apparently asked to stop referring to the shelter as a treatment center prior to Durkan’s remarks last week.) Continue reading “New Plan for Dealing With “Prolific Offenders” Substitutes Punishment for Harm Reduction, Advocates Say”

County: Widely Reported Data Point in “Prolific Offenders” Report Was Wrong

Earlier this year, Scott Lindsay—a former adviser to Ed Murray who unsuccessfully challenged city attorney Pete Holmes in the 2017 election—published a report in collaboration with the Downtown Seattle Association and other downtown groups called “System Failure.” The report, which was featured prominently in the viral KOMO 4 special “Seattle Is Dying,” highlighted 100 so-called “prolific offenders,” including 87 who had been arrested in Seattle more than four times in a 12-month period and another 13 who Lindsay felt had “a particularly high impact on public safety,” as SCC Insight reported.

The report included one particularly startling statistic: More than 30 percent of the time, “prolific offenders” were released from King County jail onto the streets at midnight, when social services and shelter are unavailable. “For homeless individuals struggling with substance use disorders and mental health conditions, this practice can be hazardous to the individual and to the immediate surrounding neighborhood,” Lindsay reported. The statistic was reported by most major local outlets, including Crosscut, KING 5,  and the Seattle Times, which said the practice “put[s] at risk those who are homeless and struggling with substance-abuse disorders and mental conditions.”

“It’s not up to  me to correct publicly the inaccuracy of the information they’re making public.”—Consultant Tim Ceis, who worked on the “System Failure” report

The real number of people being released from King County jail onto the streets at midnight, according to the county’s Department of Adult and Juvenile Detention? Zero.

“We researched the past year and determined that no inmate was released out of custody from DAJD facilities at midnight,” says Captain Captain Lisaye Manning, a spokeswoman for the King County Department of Adult and Juvenile Detention. “The terminology of ‘released’ refers to being released from the King County Jail and transferred custody to a different agency, not released out of custody to the streets. There are some occasions that those outside agencies aren’t available until late evening or early morning hours.”

Screen shot from “System Failure” Report

 

Manning said Lindsay and his fellow researchers should have used the county’s public booking database to determine when and why people were released from custody (and to whom). Instead, Lindsay apparently used used the county’s Jail Inmate Lookup System, a blunter instrument intended to help people look up information about specific inmates. That system does not specify the reason an inmate was released or whether he or she was released into the custody of another agency.

“The Executive’s Office conveyed to the report’s author, Scott Lindsay, that he did not use correct data in his evaluation,” Capt. Manning says.

Alex  Fryer, a spokesman for King County Executive Dow Constantine, confirms that Constantine’s office told a consultant who helped Lindsay on the report, Tim Ceis, that the information in the report was wrong. DADJ provided The C Is for Crank with a link to what Fryer calls “the correct database, showing that we’re not putting people out on the streets of Seattle” at midnight. Fryer adds that Lindsay’s error was understandable, given that the jail list is the county’s public-facing database of inmate information. Ceis confirms that the county did inform him and Lindsay “that the information that we were seeing was inaccurate, for whatever reason,” but says he saw no reason to correct the record, since the errors, in his opinion, were the county’s.

“Their record-keeping and what they were putting out there in the jail records was not accurate,” Ceis says.  “It’s not up to  me to correct publicly the inaccuracy of the information they’re making public.”

Lindsay responded at 5:30 this evening to an email I sent three hours earlier. However, his response did not include answers to my questions about the apparent data discrepancy. I have sent him a more detailed list of questions and will update this post if I hear back.

Public Defender Association director Lisa Daugaard, who has said that the “System Failure” report should have been called “Systems Failure,” to emphasize that the justice system is not the only system failing chronically homeless people, says that if the county isn’t releasing people onto the streets at midnight, that’s a welcome change from something that “has been a problem in years past.”

Daugaard says that if the county isn’t, in fact, releasing prolific offenders into downtown Seattle at midnight, that just “underscores my feeling about the takeaways from the report —it’s less that the criminal justice system is failing, as that the criminal justice system, operating in the ways it inevitably does, is not the right system to address these problems, except at the margins and when other systems”—such as health care and housing—”have gaps.” Why, Daugaard asks rhetorically, “is this group [of “prolific offenders”] not prioritized in the large investments that have been made in each of those systems in recent years?”

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Morning Crank: The Council Takes a Closer Look at the “Prolific Offenders” Report

1. Six of the seven District 2 city council candidates participated in a forum at the Georgetown Ballroom last night, and I livetweeted the whole thing. Check out the thread to find out what committee Ari Hoffman wants to chair, when Tammy Morales last called 911, why socialist Henry Dennison won’t answer yes/no questions… and also a lot of information about the candidates’ plans are for addressing homelessness, environmental racism, and how they would counter displacement in South Seattle.

2. City council members Lisa Herbold and Lorena Gonzalez invited leaders of several of the business groups that funded a recent report on so-called “prolific offenders” Wednesday, and raised questions about the methodology behind the report and some of its conclusions.

Mike Stewart, the head of the Ballard Alliance, said he and other business leaders got the idea for the report after they “started to realize that things are changing a lot” for business owners, who he said are dealing with a level of crime they’ve never experienced before. “It feels like  many of the instances of the criminal behavior that happens seems to be coming from many of the same people—so an individual might commit a crime in a business district one day and the next week, they’re back again,” Stewart said.  Erin Goodman, the head of the SODO Business Improvement Area, added, “One individual in our sample is quite simply terrorizing the Ballard business district. … In a single day in 2018, he shoplifted from five stores in a two-hour period, brazenly pushing a shopping cart full of the stolen items from store to store.”

These bookings include charges for failure to appear or comply with terms of release, which made up 41% of the charges in a King County assessment of its “Familiar Faces” program, which deals with a similar population.

The report, “System Failure,” was put together by former mayor Ed Murray’s public safety advisor, Scott Lindsay. It highlights the booking histories of 100 individuals, hand-picked by Lindsay and characterized in the report as “roughly representative of a larger population of individuals who are frequently involved in criminal activity in Seattle’s busiest neighborhoods.” Every person on Lindsay’s list had four or more bookings into King County Jail over a 12-month period and had “indicators” that they were chronically homeless and had a substance use disorder.

The criteria Lindsay used for his list are similar to those used in King County’s Familiar Faces initiative, which, in 2014, identified 1,252 people with four or more annual bookings (94 percent of them with a substance use disorder or behavioral health issue, or both), except that Lindsay chose to zero in specifically on frequent offenders who are homeless, which Familiar Faces does not. Just 58 percent of the people on the 2013 Familiar Faces list had indicators that they were homeless. By hand-picking a list of offenders who are homeless (and by choosing to highlight the stories of mostly people who moved to Seattle from elsewhere), Lindsay’s report feeds into the common, but unsupported, belief that most people who commit property crimes are homeless and that homeless people from across the country come to Seattle to mooch off the city’s generosity.

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Gonzalez and Herbold pressed the “System Failure” funders on some of the methodology in their report, including the fact that Lindsay determined the number of crimes each person had committed using police reports, complaints, and charging documents, without looking at anything the person said in their own defense or tracking whether they were ultimately found guilty. Goodman, from the SODO BIA, acknowledged that “some of these folks could have gone through the criminal system and been found innocent,” but added, “This is simply a snapshot based on bookings. [Lindsay] clearly states that it does not say how the case was adjudicated.”

Goodman expressed frustration that so many people were let out of jail within hours or days of being arrested; that so few of the people found incompetent to stand trial because of mental illness were subject to involuntary commitment; and that “there was zero accountability in the system for consequences for failure to comply with court-ordered release conditions.” Those conditions, according to the report, included things like appearing at every court date; abstaining from drugs and alcohol; submitting to random drug tests; and going to abstinence-based inpatient or outpatient treatment.

Underfunding services and then complaining that they aren’t working “is like sprinkling a little bit of salt over a giant bowl of soup and then [saying], ‘Oh, salt doesn’t work,'” Public Defender Association director Lisa Daugaard said.

One issue with these kinds of conditions is that there simply isn’t enough available capacity—in other words, funding—for the services that do exist to serve clients with mental health and substance abuse challenges. The Law Enforcement Diversion Program, for example, recently expanded with funding from the recent Trueblood court settlement to provide a vastly expanded suite of services (including mental health care, transitional housing, and intensive case management) to people whose competency to stand trial has been called into question. That funding will serve about 150 people who would not have previously been eligible for the program. But, as Public Defender Association director Lisa Daugaard, who was also at the table, pointed out, there are likely thousands of people who could benefit from similar services, while the total capacity for all such programs is in the hundreds. Underfunding services and then complaining that they aren’t working “is like sprinkling a little bit of salt over a giant bowl of soup and then [saying], ‘Oh, salt doesn’t work,'” Daugaard said. “We are not right-sizing the things that are effective.”

The other, related, issue with expecting people to comply with court conditions is that those conditions are often unreasonable. As long as the underlying issues that are causing someone to shoplift or act aggressively or loiter in the doorway of a business aren’t addressed, telling people to show up to day reporting or abstain from their drug of choice is a losing strategy. It’s little wonder that 100 percent of the people Lindsay chose for his report  failed to comply with the conditions imposed by the court.

Goodman’s frustration is understandable: Her group represents businesses in an area of the city with the highest concentration of people living in RVs, many of them with substance use disorders, untreated mental illness, or both. But there’s little point, experts say, in trying to force people into treatment when they aren’t ready. “If the clients aren’t ready, they aren’t ready, and therein lies the challenge,” Heather Aman, a deputy prosecutor at the city attorney’s office who works with LEAD clients, told me recently. “Anyone who isn’t addressing their substance use or mental health issues has an impact on their community, because there’s not an ability to force individuals to [get help or treatment] until they’re ready. And what do you do with the person that needs to be ready? That’s the million-dollar question.”

“I Haven’t Heard That Criticism”: Council, Mayor Offer Conflicting Takes on “Emphasis Patrols” In Seven Neighborhoods

Mayor Jenny Durkan and Seattle Police Chief Carmen Best

City council members raised questions this morning about Mayor Jenny Durkan’s decision to target seven specific neighborhoods for increased police patrols this month based on, as Durkan has put it, “crime and the perception of crime.” In addition to additional officers, the seven neighborhoods will get special attention from Seattle Public Utilities, the Seattle Department of Transportation, and other city departments to address outstanding maintenance needs such as fixing potholes and graffiti.

Representatives from the Seattle Police Department confirmed that patrols are being increased not just in neighborhoods where crime is on the rise, but in areas where crime is down but the “community input,” including reports made through the city’s Find It-Fix it smartphone app. Chris Fisher, a strategic advisor with SPD, said that although crime, particularly property crime, is generally down across the city, there were “pockets” in which crime has spiked or where “issues that aren’t criminal in nature” were causing concern. One question the city asks when determining where to focus policing, Fisher said, is, “What are people feeling on the ground?”

“We’re going with these seven neighborhoods first because we have only so much bandwidth.” —Assistant Police Chief Eric Greening

The seven neighborhoods that will be targeted for extra “emphasis patrols” and additional maintenance are Ballard and Fremont,  Pioneer Square and the area around Third and Pike downtown, the SoDo and Georgetown areas just to the south of downtown, and South Park, across the Duwamish River from Georgetown.

Council member Teresa Mosqueda questioned whether the mayor’s approach to crime in neighborhoods was based on data or “the perception that crime is increasing in certain areas. … We have to make sure that the data bears out the policy solutions,” Mosqueda said. “We cannot just have a call for action and just rush to put more [police] on the streets” if the surge isn’t supported by data, Mosqueda said.

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Council member Lorena Gonzalez, whose letter asking Durkan to provide some justification for her choice of neighborhoods, pressed assistant police chief Eric Greening to explain what the new patrols would look like on the ground, and whether they would likely result in more arrests. Greening acknowledged that “any time you increase police presence in a neighborhood, the likelihood of arrest also increases,” adding that SPD would focus primarily on people with outstanding warrants, on assaults, and on “predatory drug dealing”—that is, drug dealing for profit above a level needed to support a drug dealer’s own addiction.

“What I’ve heard from every neighborhood and community group is, ‘We are so glad you’re listening not just to what the data is showing but what we’re experiencing in our community.'” — Mayor Jenny Durkan

District 4 council member Abel Pacheco, who was recently appointed to serve out the remainder of former council member Rob Johnson’s term, asked several times why the University District was not included in the emphasis areas, given that it has a higher crime rate than the neighborhoods that were selected. “That was a decision made based on a number of factors, including data and community input, to go with a limited number of neighborhoods,” Greening said. “We’re going with these seven neighborhoods first because we have only so much bandwidth with our partners,” including city departments that, unlike SPD, don’t operate 24 hours a day, seven days a week.

A representative from one of those departments, SDOT’s chief of staff Genesee Atdkins, told the council that as part of the emphasis patrols, SDOT would be repairing sidewalks, filling potholes, and fixing deteriorating crosswalks in the seven emphasis areas. On Tuesday, during one of the “public safety walks” the city has organized in all seven emphasis neighborhoods, she and others from SDOT noticed “an alley with a very deteriorated condition and we were, right then, able to dispatch some of our crews out to quickly fill some potholes.”

The city council has no authority over SPD or the neighborhoods where the department conducts emphasis patrols, nor to require the mayor to put them through a race and equity analysis. Such an analysis would likely consider issues such as which neighborhoods have actually experienced an uptick in the most serious types of crime, whether the policy was based on 911 calls, “Find It Fix It” reports, and other complaints from neighborhoods with more resources and populations that are likely to feel more comfortable calling police, and whether the “perception of crime” was based on reality or on the presence of visible signs of poverty and homelessness, such as tents.

Mayor Jenny Durkan and Downtown Seattle Association president Jon Scholes

After the meeting, which Durkan did not attend, the mayor and SPD chief Carmen Best took questions briefly before a scheduled public safety walk in downtown Seattle, the fourth in the series. (The final three will take place tomorrow). Durkan talked about a “holistic” approach to crime and disorder in neighborhoods that sounded not unlike the “broken windows” theory tried, and abandoned, in many US cities in the late 1980s and early 1990s: The emphasis patrols she said, are “not just the police—it’s really going in and taking away the graffiti, [fixing] street lights, activating parks, making sure that neighborhood feels safe.”

Near the end of the brief press event, a reporter asked Durkan for her response to criticism that her emphasis patrols focused on the neighborhoods that complained the most and the loudest, instead of those actually experiencing the most crime.  “I haven’t heard that criticism,” Durkan responded. “What I’ve heard from every neighborhood and community group is, ‘We are so glad you’re listening not just to what the data is showing but what we’re experiencing in our community.'”

Morning Crank: Incongruous With Their Fundamental Mission

Image result for futurewise logo

1. For years, environmental advocates who support urban density as a tool against sprawl have grumbled about the fact that the anti-sprawl nonprofit Futurewise has two men on its board who make a living fighting against the foundational principles of the organization—attorneys Jeff Eustis and David Bricklin. Both men were ousted from the Futurewise board last month after the board voted to impose term limits on board members, who will be limited to no more than three successive terms from now on.

Both Eustis and Bricklin are crossways with Futurewise on a number of high-profile local issues, including the question of whether Seattle should allow more people to live in single-family areas, which occupy 75 percent of the city’s residential land but house a shrinking fraction of Seattle’s residents. Eustis is currently representing the Queen Anne Community Council, headed by longtime anti-density activist Marty Kaplan, in its efforts to stop new rules that would make it easier to build backyard cottages and basement apartments in single-family areas. Bricklin represents homeowner activists working to stop the city’s Mandatory Housing Affordability plan, which would allow townhouses and small apartment buildings in  7 percent of the city’s single-family areas.

To get a sense of how incongruous this work is with Futurewise’s primary mission, consider this: Futurewise is one of the lead organizations behind Seattle For Everyone, the pro-density, pro-MHA, pro-housing group. Bricklin co-wrote an op/ed in the Seattle Times denouncing MHA and calling it a “random” upzone that fails to take the concerns of single-family neighborhoods into account.

Bricklin’s firm also represents the Shorewood Neighborhood Preservation Coalition, a group of homeowners who have protested a plan by Mary’s Place to build housing for homeless families on Ambaum Blvd. in Burien on the grounds that dense housing (as opposed to the existing office buildings) is incompatible with their single-family neighborhood. The Burien City Council approved the upzone, 4-3, after a heated debate this past Monday night at which one council member, Nancy Tosta, suggested that instead of allowing homeless families to live on the site, the city should preserve it as office space, since “part of the way of dealing with homelessness is to have people make more money.”

Bricklin is still on the boards of Climate Solutions, the Washington Environmental Council, and Washington Conservation Voters.

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2. Seattle City Council members reached no resolution this week on a proposal from the mayor’s office to approve the city’s purchase of GrayKey, a technology that enables police to easily (and cheaply) unlock any cell phone and review its contents, including location data, without putting the technology through a privacy assessment under the city’s stringent surveillance ordinance. If the city determines that a technology is a form of surveillance, the city has to prepare a surveillance impact report that “include[s]  an in-depth review of privacy implications, especially relating to equity and community impact,” according to the ordinance. The process includes public meetings, review by a special advisory group, and approval by the council at a meeting open to the public. In contrast, technologies that intrude on privacy but aren’t considered surveillance only require a “privacy impact analysis” that is not subject to formal public process or council approval. Previous examples of technologies the city has deemed to be surveillance include license-plate readers (used to issue traffic tickets) and cameras at emergency scenes.

The city’s IT department, which answers to the mayor, determined that GrayKey is not a “surveillance technology” after the company submitted answers to a list of questions from the city suggesting that the technology would only be used if the Seattle Police Department obtained a warrant to search a person’s phone. In an email appended to that report, Seattle’s chief privacy officer, Ginger Armbruster, wrote, “If phones are acquired either under warrant or with suspect[‘]s knowledge then this is not surveillance by ordinance definition.” In other words, Armbruster is saying that as soon as SPD gets a warrant to break into someone’s phone and scrape their data, the surveillance rules, by definition, no longer apply.

ACLU Technology and Liberty Project Director Shankar Narayan disagrees with this interpretation, noting that the surveillance law doesn’t include any exemption for warrants. “The ordinance is about the entire question of whether it’s an appropriate technology for an agency to have, and encompasses a much broader set of concerns. If the warrant serves the same function as a surveillance ordinance”—that is, if anything the police do after they get a warrant is de facto not surveillance—”then why do we need a surveillance ordinance? The intent of the council was to put scrutiny on technologies that are invasive—as, clearly, a technology that allows police to open your cell phone and download data about the intimate details of your life is.” It’s the technology, in other words—not how the city claims it will be used—that matters.

The city’s initial privacy assessment is brief and unilluminating. GrayKey skipped many of the city’s questions, answered others with perfunctory, one-word answers, and followed up on many of the skipped questions with the same all-purpose sentence: “this solution is used for Police case forensic purposes only. ”

Proponents of GrayKey’s technology (and GrayKey itself) say that the police will limit its use to child sexual abuse cases—the kind of crimes that tend to silence concerns about privacy because of their sheer awfulness. Who could possibly object to breaking into the phones of child molesters? Or terrorists? Or murderers? As council member Bruce Harrell, who said he does not consider GrayKey a surveillance technology, put it Tuesday, “No one has a right to privacy when they are visiting child pornography sites.”

The problem is that in the absence of review under the surveillance ordinance, even if police claim they will only use GrayKey to investigate the worst kinds of crimes, there will be no way of knowing how they are actually using it. (Narayan says police departments frequently claim that they will only use surveillance technology to hunt down child molesters, or terrorists, to create political pressure to approve the technology or risk looking soft on crime.) The council can state its preference that the technology be limited to certain types of especially heinous crimes, but if the phone-cracking technology isn’t subject to the ordinance which allows the city council to place legally binding limits on the use of surveillance tools, the decision facing the city is essentially binary: Approve (and purchase) the technology and hope for the best, or don’t.

This is why privacy advocates consider it so important to look at surveillance technology thoroughly, and to give the public real opportunities to weigh in on granting the city sweeping authority to review people’s movements and access their data.  Harrell said Tuesday that he didn’t want to “jump every time the ACLU says [a technology] raises issues,” and that he was confident that additional review by the executive would resolve any questions the council might have. But, as council member Lisa Herbold pointed out, there’s no requirement that the mayor’s office present the results of any future internal privacy assessment to the council—they can run it through a privacy impact assessment, reach the same conclusions they’ve already reached, and post it on the website with all the others without any additional input from the council or the public. The only way to ensure that concerns are daylighted before the city buys this, or any other, technology that could invade people’s privacy is to determine that GrayKey is surveillance, and put it through the process. At the end of Tuesday’s meeting, the council’s governance, equity, and technology committee had made no decision on whether to subject GrayKey to additional scrutiny or wait to see what the mayor’s office does next. The city currently plans to purchase the phone-cracking technology sometime in the third quarter of next year.

Why Is a Statewide Anti-Union Group Trying to Stop a Tiny House Village in Seattle?

Image via Low Income Housing Institute

This post originally appeared at the South Seattle Emerald.

When the Olympia-based Freedom Foundation—a conservative group that has spent the bulk of its energy over the past decade fighting against health care workers’ right to organize—filed a lawsuit to stop a Low Income Housing Institute-run “tiny house village” for homeless people from opening in South Lake Union, it raised some eyebrows.

The encampment, like other tiny house villages, would consist of a collection of garden-shed-like temporary housing units that would occupy a city-owned lot on 8th Avenue North and Aloha Street. Why, union members and homeless advocates wondered, was a statewide think tank that describes its mission as “advanc[ing] individual liberty, free enterprise, and limited, accountable government” get involved in a local land use dispute about a homeless encampment on a single block in Seattle?

“When we saw [the lawsuit], we thought, ‘That’s weird,’” says Service Employees International Union (SEIU) 775 spokesman Adam Glickman. “Back in the mid-2000s, the Freedom Foundation was involved in the statewide initiative to get rid of the Growth Management Act (GMA), but recently they’ve been pretty laser-focused on attacking unions and, to a lesser degree, taxes.”

The SEIU represents home health care workers and has spent many years embroiled in legal and political battles with the Freedom Foundation over the union’s right to organize home health care employees and other quasi-public workers.

Glickman says that other than the anti-GMA campaign, he can’t remember the Freedom Foundation ever getting involved in a land use dispute, and certainly not one at such a hyperlocal level.

Neither, for that matter, can the Freedom Foundation’s own attorney, Richard Stephens, to whom a spokesman for the group referred all questions about the lawsuit.

“I’m going back a while, and I can’t remember any other cases like this,” Stephen says. “Most of what [the Freedom Foundation is] doing now is labor law, free speech, freedom of association kinds of things, but historically, they’ve had kind of a broad scope.”

In fact, the lawsuit itself asserts that the reason the Freedom Foundation has standing to sue over a proposed encampment in Seattle in the first place is on the grounds that it claims to generally represent the interests of people in Washington State “in regard to governmental treatment of people at all levels.”

The lawsuit claims that the city failed to do an environmental review of the encampment, which the group claims will lead to “loitering and substandard living conditions in this particular area”; that the city didn’t sufficiently inform the community about its plans to authorize the Low Income Housing Institute (LIHI) encampment; and that the encampment is illegal, anyway, because the legislation allowing the city to authorize sanctioned encampments only allows three such encampments at any one time.

Of those three arguments, Stephens says the third, involving the law that limits the number of authorized encampments to three, is “the cleanest,” because the law is explicit: “No more than three transitional encampment interim use encampments shall be permitted and operating at any one time,” not counting those located next to religious facilities.

“When the city council adopts an ordinance that says … we’re only going to allow three of them to operate at any one time, then it seems clear that the city staff is just ignoring what the city council did,” Stephens says. “That is sort of the clearest violation. But the other problem is the city council also said when you approve these, you’ve got to ensure there’s the right community outreach and public participation, and it seems like the city and the applicant [LIHI] are scrambling around to do it after the fact.”

Currently, the city has six permitted encampments. Lily Rehrman, a strategic advisor at the city’s Human Services Department, says the new encampments have been authorized under Type 1 Master Use Permits, which are four-week permits that must be periodically renewed. This distinguishes them from the permits used for the first three authorized encampments, in Ballard, Othello, and Interbay.

“Under this type of permit, temporary land uses, like permitted villages, are allowable,” Rehrman says, a claim the Freedom Foundation disputes. LIHI has applied for a four-week Type 1 permit, and LIHI director Sharon Lee says that if the tiny house village is approved, she will apply for periodic renewals.

“I don’t know if you noticed, but there’s a state of emergency,” Lee says, referring to the state of emergency on homelessness that former mayor Ed Murray declared in November 2015.

According to the most recent count of the city’s unsheltered homeless population, there were at least 4,488 people living unsheltered in Seattle. All Home King County acknowledges that this is an undercount, and that the total number is, in reality, higher.

Lee calls the Freedom Foundation’s claim that there wasn’t enough public outreach before the city approved the encampment specious.

“The whole point of having the two community meetings—one in May, the other earlier this month—was to get people to volunteer for the community advisory committee that is required in the legislation allowing encampments,” Lee says. “And not only were there two community meetings, there were also presentations to the chamber of commerce and other organizations.”

Mayor Jenny Durkan formally announced plans to fund the tiny house village in South Lake Union through the “Bridge Housing” program in May, but the idea of sheltering hundreds of homeless people in tiny house villages across the city has been around since at least last February, when Durkan first announced the plan.

The city attorney’s office declined to comment on the lawsuit, beyond a brief statement from spokesman Dan Nolte: “We fully intend to defend the City in this suit, and we’re currently assessing the claims.”

Data analysis “does not link a correlation or causation between the Licton Springs Village and crime.”

Before the Freedom Foundation got involved, the debate over the encampment centered largely on whether the camp would impose a danger to neighboring residents and harm property values in the surrounding area. The proposed site is three blocks north of Mercer Avenue and sits in the epicenter of South Lake Union gentrification. Earlier this month, at a standing-room-only meeting in South Lake Union, opponents focused on the fact that the encampment will not be explicitly clean-and-sober, although drugs and alcohol will be banned in common areas.

The comments from opponents drew guffaws and shouts from tiny house village supporters in the crowd. One neighbor, condo owner Betty Wright, said South Lake Union was “too crowded to handle 100 additional people—I don’t want to say ‘poor people’—people with issues. I was hoping to move to a safe place where I don’t have to worry about crime. I used to run down to the garage in my jammies. I can’t do that anymore. I won’t do that anymore.”

Wright’s neighbor and fellow condo owner Greg Williams suggested that instead of allowing “the ‘homeless,’ as you call them” to live on the site and “destroy it,” they should be required to provide free labor as payment.

“They can give us four hours a day. They can clean. They can do something for us,” Williams said.

“That’s called slavery!” someone shouted from the back.

Amid all the opposition, several people spoke up in favor of LIHI’s plan. They included Kim Sherman, a Beacon Hill resident who hosts a formerly homeless man in a backyard guest house through a program called the BLOCK Project; Mike McQuaid, a member of the South Lake Union Community Council; and Sue Hodes, a longtime activist who worked on the pro-head tax “decline to sign” effort.

Hodes asked the people in the room who opposed the encampment to recognize that “poor people are people” but got shouted down when she pointed out that opponents of stopgap survival measures like tiny house villages and encampments are “mostly white, mostly middle-class.”

According to an annual survey commissioned by All Home, 20 percent of King County’s residents living outdoors have jobs; 25 percent cited job loss as the primary reason they lost access to shelter; and 45 percent were actively looking for work. Moreover, there is little evidence that authorized encampments actually increase crime in neighborhoods.

Although the Seattle Police Department (SPD) says it’s difficult to attribute the rise and fall in crime statistics in and around authorized encampments to any single factor, SPD Sergeant Eric Zerr, who heads up the Navigation Team that removes unauthorized encampments and offers services to their inhabitants, says there’s no comparison between the “criminality” around unsanctioned encampments and camps like those run by LIHI, which include case management, 24/7 security, and basic necessities such as food, restrooms, and showers.

“If you’re living in a tent [in an unsanctioned encampment] and you don’t have any source of income, there’s criminality that goes along with that,” particularly if the people living in encampments are addicted to drugs, Zerr says. “When you have [drug] usage, there’s prostitution, there’s the property crimes, there are domestic violence issues, trafficking issues, serious assaults, rapes, gunplay, that type of thing.”

A review of recent police reports from unsanctioned encampments in greenbelts along I-5 confirms that violent crime is still a regular occurrence in these encampments, although SPD provided no specific evidence connecting unauthorized encampments to crime in the surrounding neighborhoods.

“If you’re living in a community, and you have the life-sustaining things that we consider to be a normal part of life, [plus] case managers and a defined space, you move into a different kind of mindset,” even if, as with the proposed tiny house village in South Lake Union, drugs and alcohol aren’t strictly prohibited, Zerr says of life in a sanctioned, monitored encampment with case management and other basic services.

SPD said it was unable to provide crime statistics demonstrating crime rates in the areas immediately around every sanctioned encampment in the city before and after those encampments opened. Detailed information about specific incidents in and around encampments used to be available online, but is no longer. That data was unreliable when it was available, however, because it included many duplicate incidents, and excluded some incident reports for privacy reasons.

SPD’s Crime Dashboard breaks down crime statistics into 58 neighborhoods, like “Lakewood/Seward Park” and “Rainier View,” but because these are large geographic areas, it’s difficult to attribute changing crime rates specifically to the presence of sanctioned or unsanctioned encampments. However, SPD spokesman Sean Whitcomb says it just stands to reason that “if you’ve got organization and structure, it’s going to be safer, and if you don’t have organization and structure, and it’s just random, then it’s going to be less safe.”

SPD did create a document summarizing the rate of crime in the neighborhood immediately surrounding the authorized encampment in Licton Springs, which—unlike LIHI’s proposed tiny house village in South Lake Union—is explicitly low-barrier, meaning that people in active addiction can live, and use drugs and alcohol, on the premises. LIHI owns the Licton Springs property, but the encampment is operated by a separate group, SHARE/WHEEL, which is not involved in the proposed South Lake Union encampment.

According to the SPD document, “the block containing Licton Springs Village (N 85 to N 88 and Aurora to Nesbitt) remains one of the busiest areas in the North Precinct, both in police proactivity and calls for service.”

The document shows that crime has increased by some metrics and decreased in others, but cautions that the “data analysis … does not link a correlation or causation between the Licton Springs Village and crime.”

Zerr, the Navigation Team leader, says he would personally “feel fine” if a tiny house village opened in his neighborhood, but adds that he supports “energized and maybe even contentious debate” like the one that’s currently taking place in South Lake Union.

“I’d be going down asking those same questions, to make sure the city has thought everything through and that the residents have a voice. Those are things that a responsive government should offer its citizens when they’re going to change the living conditions of their neighborhood,” Zerr says.

Lee, the LIHI director, says she remains optimistic that the South Lake Union tiny house village will be able to open on August 15, as scheduled. “We’re optimistic,” Lee says. “We want to get homeless men and women off the streets before the winter.”

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: Reminiscences

File:Seattle Streetcar 301 leaving Pacific Place Station.jpg
Streetcar image by Steve Morgan.

1. Earlier this month, 100 representatives from Seattle neighborhood groups, downtown businesses, and advocacy groups—including the interim director of the Transportation Choices Coalition and the head of the Compass Housing Alliance—wrote a letter to Mayor Jenny Durkan urging her to move forward with the delayed, over-budget downtown streetcar line, which would connect the two existing streetcars (which go from Chinatown to First Hill and from Westlake to South Lake Union) via a “Center City Connector” running on First Avenue downtown. Durkan pressed pause on the project in March,  directing the city to do its own investigation, and hired a consultant to do an outside review of the $200 million project, setting a self-imposed deadline of June 19 that came and went without a report from the consultant. (According to the Seattle Times, the results of the internal review are expected to be released on Friday).

The letter, which urges Durkan to think of all the small minority-and family-owned businesses that would benefit from the streetcar, is in many ways reminiscent of the public pressure that came to bear on Durkan in two other recent debates: The head tax (a $250-per-employee tax on about 500 high-grossing businesses) and the appointment of a new police chief. In both cases, Durkan took a controversial position, then changed her mind. With the head tax, she opposed the version the city council initially proposed, then reversed course to support it after ostensibly getting Amazon on board, then flipped again to oppose it after a coalition of businesses and developers created a campaign to defeat it at the polls. In the case of the police chief, Durkan initially eliminated interim Chief Carmen Best from the running, citing the recommendation of her appointed search committee, whose chairman, Tim Burgess, said the group agreed “it was best at this point for an outsider to be brought in as the next chief.” Yesterday, in a stunning turnaround, Durkan appointed Best, saying by way of explanation that the thing that had changed between Best’s elimination from the running and her appointment as chief was that “she got on the list of three finalists.”

So will Durkan flip-flop on the streetcar as well—approving the over-budget link between two slow, underutilized lines in response to pressure from community groups that argue the streetcar is the best way to provide “much-needed transit access and enhanced mobility” to people traveling through downtown? Look back in this space after Friday, but I wouldn’t be too surprised if the streetcar turns out to be Durkan’s third 180 in as many months.

Support

2. Late Monday night, the Bellevue City Council approved a process for siting permanent shelters in the city, which is a first step toward the lengthy process of approving a permanent shelter in Bellevue—a process that could still take another several years. Currently, the only shelters in Bellevue are temporary; the land use code amendment adopted Monday creates a land use code designation for a permanent shelter. The arguments for and against the shelter were reminiscent of the debate over shelter in Seattle, writ small—what’s at stake in Bellevue are 100 potential permanent shelter beds, compared to the more than 3,100 shelter beds that currently exist in Seattle.

Among other amendments, the council narrowly rejected a proposal to require a 1,000-foot buffer between the shelter and any residential areas or K-12 schools (the amendment would have also allowed shelters to be located up to one mile away from a transit stop, rather than within a half-mile, which would effectively limit shelters to industrial areas inaccessible by transit. The council also considered, and rejected, the idea of making homeless shelters a temporary, rather than a permanent, use.

The city of Bellevue has been embroiled in debate for years over a proposed men’s shelter in the Eastgate neighborhood, near Bellevue college and a Sound Transit park-and-ride. According to the most recent one-night count of King County’s homeless population, there were at least 393 people living unsheltered in East King County.

Former city council member Kevin Wallace and recently elected council member Jared Nieuwenhaus have suggested that the shelter could be located in an industrial area near Sound Transit’s light rail station in the Bel-Red neighborhood, which would require Sound Transit to create new plans incorporating a shelter into its light rail station. (When he was on the council, Wallace, a developer, frequently tried to delay or alter Sound Transit’s plans to build light rail to Bellevue.)

Council member Jennifer Robertson, an opponent of the changes adopted Monday, claimed she had seen crime statistics that showed that the majority (55 percent) of the property crime in the city of Portland was committed by the 3 percent of its population who are homeless, along with 39 percent of the violent crime. I was unable to track down this statistic; Portland’s crime dashboard, like Seattle’s, does not track crime rates based on a perpetrator’s housing situation.

Deputy mayor Lynnne Robinson, who voted for the land use amendments, said she had never seen a process drag out this long. “We made a commitment to site a permanent men’s shelter, and there [has been] more public process  in this [land use code amendment] than I’ve ever seen in anything else in my five years on the council that we’ve permitted or created a permitting process for,” Robinson said.

The first temporary winter shelter in Bellevue opened in 2008; the city first committed to opening a permanent shelter for men in 2012.

Evening Crank: Week 2 Shakeups at SPD, Seattle City Light

The big news out of city hall today was the surprise announcement, dropped in the middle of a press conference to announce the less-surprising news that Seattle police chief Kathleen O’Toole was stepping down, that Seattle City Light director Larry Weis had resigned over the weekend. “It was clear to me that City Light … was somewhere we needed to make a change,” Durkan said this morning. “I talked to the director in terms of what my expectations were, we made a mutual decision that he would resign and so we will be having a nationwide search to make sure that we get the right person in place.”

The news of Weis’ departure came after allegations of widespread sexual harassment and sexism in the department, and after the department’s new consolidated utility billing system launched months late and at least $34 million over budget. “We’ve had challenges at City Light… everything from billing to the workplace environment,” Durkan acknowledged.

Weis is the highest-paid city employee, with a base salary of $340,000, and the only department head eligible for a performance bonus; earlier this year, while seeking a $30,000 bonus, he gave himself perfect marks on a self-evaluation of his performance. I asked Durkan whether she planned to compensate the next director as generously as Weis, whose high salary former mayor Ed Murray justified by saying a lower salary would not be competitive with similar positions in the private utility market. “I’m not going to comment on what the range of compensation is, but I can tell you that if we pay at a certain range, we expect a certain performance,” Durkan responded. The city will do a national search for Weis’ replacement; during the last national search, which resulted in Weis’ hiring, the city paid $50,000 to an executive recruiting firm.

SPD chief O’Toole will be replaced, on an interim basis, by deputy SPD Chief Carmen Best, who will the the first African-American woman, and only the second woman, to head the department. The search committee will be headed up by ACLU deputy legal director Jeff Robinson, former mayor Tim Burgess, Chief Seattle Club director (and Community Police Commission member) Colleen Echohawk, and ex-King County sheriff Sue Rahr. Durkan said she would announce the other members of the search committee in the next two weeks, and that they will begin a national search at the beginning of 2018. O’Toole’s last day will be December 31. Best said she plans to apply for the permanent position. Best’s status as a department veteran—she’s could give her the inside track on the job.

Durkan announced she had asked several other department heads, including fire chief Harold Scoggins, Office of Emergency Management director Barb Graff, and Seattle Public Utilities director Mami Hara, to stay. Last year, Hara was given a significant pay increase, to around $300,000, after the city’s human resources department argued that her pay was not competitive with similar department heads in other cities.

Durkan said to expect more big HR announcements in the coming weeks. Don’t take this as gospel, but I wouldn’t be surprised if she’s taking a close look at who’s running the Office of Housing and the Human Services Department, two departments whose profiles are only going to get higher as the city—and Durkan—tackle the growing homelessness crisis in the coming year. And I would be shocked if she isn’t planning to announce a new director for the Seattle Department of Transportation (whose current director, Scott Kubly, is already applying for jobs out of town) very soon. Although many urbanists may long to see Durkan appoint Jessyn Farrell, the former mayoral candidate, state legislator, and director of the Transportation Choices Coalition, the better money’s on SDOT chief of staff Genesee Adkins, the former chief lobbyist for King County and, as it happens, a former Transportation Choices policy director herself.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, phone bills, electronics, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: “If you haven’t learned, I’m sorry. That’s your fault.”

1.  Have we had enough transparency yet? The 15 candidates to fill the city council seat being vacated by interim mayor Tim Burgess have now had two chances to make the case for themselves, and what we’ve learned is that Alex Tsimerman thinks Lorena Gonzalez is a “cheap potato,” Tiniell Cato thinks it’s her “human right” to talk out of order and go over her allotted time, and Lewis Jones—the guy who made hand-painted signs for his “campaign” for mayor—believes special enzymes in purple grape juice cure the flu.

The job qualifications for the temporary council position include knowledge of the city budget and familiarity with city government. A group of advocates that included third-place mayoral candidate Nikkita Oliver and Gender Justice League director Danni Askini argued that the process for filling the seat needed to be more “transparent” so that a wider range of people would apply. That range extends, apparently, from people who use the term  “colored people” (Jones again) all the way to people named Doug who have the endorsement of “Doug’s Voter’s Guide,” written by Doug.

The clear frontrunner remains former council member Nick Licata, who has participated gamely in both forums, and praised the council for opening up the process to the general public. Tsimerman, for his part, described the process as a “circus for children” that would end up with the same result as if the council had just picked a candidate. Then he was removed from council chambers by security.

2. Mayoral candidate Cary Moon, who appeared alone onstage at a mayoral forum Tuesday night (her opponent, Jenny Durkan, was hosting a campaign fundraiser at the downtown offices of the K&L Gates law firm), has maintained that she will be able to serve on the Sound Transit board despite the fact that her husband, architect Mark Reddington, is a principal at LMN Architects, a firm that is doing design work on numerous Sound Transit light rail stations. (The Seattle Times was the first to report that Moon might be unable to serve on the board.) At a forum on the arts and environment earlier this week, Moon said the potential conflict “doesn’t mean I won’t get to serve on the Sound Transit board” and said that if that “very minor situation… arises, I will recuse myself and someone else from the city will be empowered to make that decision on my behalf.”

After Tuesday night’s forum, Moon told me she believed that if the board was taking a vote that could impact LMN, such as a vote on one of the firm’s contracts, she could delegate her vote to “somebody else, like the SDOT director or deputy mayor or someone on the council.” It’s unclear whether Sound Transit board members are able to delegate their votes in this fashion, however, and Sound Transit’s ethics policy includes no obvious provision for board members to tag in another Seattle representative in this way. It says,

If a conflict of interest is confirmed, the Board member shall disqualify himself or herself from discussion or voting upon the legislation or matter, and an officer shall refrain from discussion or recommendation concerning the legislation or matter, if discussion or voting thereon would constitute a conflict of interest, or apparent conflict of interest, as described in this section or violate any other governmental law or regulation. Any Board member or officer who is disqualified by reason of such conflict of interest shall, after having made the required disclosure set forth above, remove himself or herself from his or her customary seat during such debate and leave the Board Resolution No. 81-2 Page 14 of 20 chambers until such time as the matter at hand, from which such Board member or officer has been disqualified, has been disposed of in the regular course of business. Any action taken by the Board or a committee related to such interest shall be by a vote sufficient for the purpose without counting the vote of the Board member having the interest.

Sound Transit spokesman Geoff Patrick said he couldn’t “speculate about issues or circumstances around any particular candidate or other individual in the event she or he were to be appointed to the Board,” and noted that it’s up to the county executive to decide which Seattle representative or representatives to appoint to the Sound Transit board.

3. Also at Tuesday’s forum, things got heated between city attorney Pete Holmes and his opponent, former mayoral public-safety advisor Scott Lindsay, when Lindsay blasted Holmes for aggressively prosecuting men who pay for sex even when those men may be subject to deportation. (In recent years, the city has moved away from prosecuting prostitutes to cracking down on johns, in an effort to avoid revictimizing women who have been trafficked and sold against their will.) Lindsay said he would adopt an approach that did not result in men being deported for attempting to solicit prostitutes.

Then Holmes took the mic: “We have to hold sex buyers accountable for driving the commercial sex industry that, in turn, is driving most of human trafficking,” Holmes said. “We have a fundamental disagreement [with immigration lawyers.] It only takes a second violation for sex buying before you can be subject to deportation under federal law. The first one will not get you deported. And I’m sorry, I lose sympathy on the second one. If you haven’t learned, I’m sorry. That’s your fault.”

4. Seattle Subway, a transit advocacy group, has been in a bit of a war with the political arm of the Transportation Choices Coalition, the influential pro-transit nonprofit, over its endorsement of Jenny Durkan for mayor. (TCC spearheaded the Sound Transit 3 and Move Seattle campaigns; its endorsing arm is called Transportation for Washington). On its Twitter feed, Subway said that TCC’s endorsement was “clearly” not based on Durkan’s platform (nor, presumably, her political views, track record, or ability to deliver on her promises), but on some mysterious “something else.”

Yesterday, the group doubled down with this subtweet, claiming that “racist shock jock Jason Rantz” (of right-wing radio station KTTH) had endorsed Durkan:

The implication is that Durkan has views that are somehow in line with Rantz’s, and is perhaps even “racist” by association—and what kind of transit group would support a candidate like that? However, I found no evidence anywhere that Jason Rantz has endorsed or expressed support for Durkan—which makes sense, given that Durkan is a liberal Obama appointee and a mainstay in the local Democratic Party establishment. Rantz doesn’t write about Seattle electoral politics much (his audience is more “hypertensive suburban MAGA dad” than “Seattle odd-year voter”) but I did find one piece where he mentioned Durkan—as the candidate to vote for if your issue is “identity politics.”

If you enjoy the work I do here at The C Is for Crank, please considerbecoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

The C Is for Crank Interviews: City Attorney Candidate Scott Lindsay

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue doing interviews like this one, which take an average of about 8-10 hours from start to finish. This site is funded entirely by contributions from readers like you. Thank you for reading, and I’m truly grateful for your support.

Scott Lindsay, the onetime public safety advisor to former mayor Ed Murray who is challenging City Attorney Pete Holmes, was in the news a few weeks ago for leaking draft legislation that would offer limited amnesty from fines and impoundment to people living in cars and RVs and create dozens of small safe lots for people to park their vehicles around the city. Lindsay released an early version of the bill, sponsored by city council member Mike O’Brien, last month, forcing O’Brien to quickly amend and release the proposal and to hold a hasty press conference to walk back some of the more controversial elements of the draft Lindsay leaked. Lindsay’s reputation as the guy who defended Murray’s encampment sweeps, and his efforts to kill legislation reviled by neighborhood activists, like O’Brien’s RV bill, helped earn him the endorsement of the Seattle Times, which effused about his “tougher,” “stronger,” more “aggressive” approach to homelessness and drug addiction. But Lindsay has also won endorsements from onetime Holmes supporters like Harriet Walden and Lisa Daugaard, two members of the Community Police Commission and longtime advocates for police accountability and reform. The CPC soured on Holmes when he proposed delaying police reform legislation earlier this year.

I sat down with Lindsay at Cupcake Royale in Madrona.

The C Is for Crank [ECB]: When we set up this interview, you said you could make a strong case that people who lean further left should vote for you. From what I’ve seen so far, most of your support has been coming from the right, from places like the Seattle Times editorial board and neighborhood groups like Safe Seattle. If you’re the candidate for the left, why are those groups so convinced that you’re their guy?

Scott Lindsay [SL]: I have no idea what their impressions are. I’ve clashed in very public ways with them. What makes me different, and maybe what they might find attractive, is, I’m willing to go talk to them, and I’m actively trying to convince them that fighting supervised [drug] consumption [sites] is maybe not the smartest use of their resources. The thing that also may differentiate me is that I do think we have some public safety issues in the city of Seattle, and I’m willing to acknowledge that. I think  we’ve heard a lot of talk about a progressive approach to public safety. We have not seen action and we have definitely not seen results, and I’m a guy who is going to not only say it but do it.

ECB: What are some of the places where we haven’t seen results?

SL: Holmes, and in fact all of the Seattle political establishment, talks as if we have implemented significant criminal justice reforms in Seattle when we’ve not. We’ve not. The [Law Enforcement Assisted Diversion program has been in existence for five and a half years, and it’s barely grown outside of downtown into Capitol Hill. [Eligibility for LEAD] has not yet expanded out of the narrow classification of [criminal] charges that we started with. That program is touching just some tiny portion of the population that actually needs it. Holmes says that the cosponsored LEAD, but I haven’t seen any evidence of his engagement over the last three years. We’re not delivering on that program. We’re not delivering on  criminal justice reform within the court  system. And so the result is, people are cycling through the system repeatedly, and reoffending to a significant degree.

ECB: What do you say to neighborhoods when they’re already worried about Navigation Centers bringing more homeless people into their communities? It sounds like you’re saying to them, ‘We’re going to take people directly out of jail and bring them into your neighborhood.’

SL: Well, they’re going directly out of jail and into your neighborhood anyway.

What I told the Seattle Times is, I laid out a specific plan and I said we need to address the intersection of criminally involved individuals who are suffering from addiction and suffering from homelessness. And I brought to them specific data about how that population makes up the bulk of people currently being prosecuted by the city attorney and how we’re getting very crappy results in terms of trying to change the behavior of that population.

ECB: Do you believe that the population of homeless people with addiction is primarily responsible for crimes like car prowls and break-ins?

SL: Absolutely.

ECB: What makes you so confident?

SL: Because that’s what our data tells us, and that’s what our police tell us, and that’s what our courts tell us. Go to SPD and they will say that virtually 100 percent of the car prowls in the North Precinct are committed by people whose underlying issue is addiction, principally heroin and methamphetamine.

ECB: I find addiction as a contributing factor easy to believe. What I don’t know, and what I’m asking, is how many of the people committing property crimes are homeless. I have heard many people in the neighborhoods express the opinion that by cracking down on homeless people, the city will solve the problem of property times, and I’m wondering if you think that’s true.

SL: I am the first to say that we are not talking about all homeless. The county has done good work on this. What we know is, it’s people with addiction and who are unsheltered who are currently going through  the system. That does not mean that the vast bulk of homeless individuals are criminally involved or that they’re struggling with addiction, but the folks who are in the  criminal justice  system are very substantially homeless and suffering from addiction.

This is our status quo—the streets-to-jail cycle—right now. We’ve got a lot of folks who are coming out of the criminal justice system right back onto the streets, right back into homelessness, right back into drug addiction. So we have to go and do proactive outreach to folks where they are. The Navigation Team is a form of proactive outreach that’s trying to find low-barrier housing and services for folks to get them out of the cycle before they enter into  criminal justice  system.

The second [intervention] is diversion after arrest. That means expanding LEAD citywide and expanding the total number of qualifying crimes for LEAD. If somebody’s committing a car prowl right now, and they are arrested right here, and their underlying issue is addiction and homelessness, that would be a perfect client for LEAD. And yet because we’re outside of the geographic boundary [of LEAD] and car prowl is not a qualifying crime, they are not eligible to be diverted. Then, if we arrest somebody whose underlying issue is addiction and homelessness [and the case goes to court], we should tie that judge into the Navigation Team, into LEAD, and have, in effect, a street court that is oriented around a harm reduction approach.

And then, in jail, we have to have treatment options. The second somebody on a Seattle Municipal Court charge is booked into a jail and if they [have heroin] addiction,  we need to be offering them counseling and, if not methadone treatment, which can be more involved, then at the very least suboxone.

And finally, we need to have a serious warm handoff. Instead of pushing folks [leaving jail] out onto the street who we know came in homeless, came in with addiction, let’s crate warm handoffs, all tied into the Navigation Center and the Navigation Team.

ECB: So is idea they would exit jail and go straight into the Navigation Center?

SL: I think so, yes—or in a setting similar to the Navigation Center facility.

ECB: It seems like that would require a scaling up of our shelter facilities that isn’t anticipated in the Pathways Home plan (which proposes a shift from shelter to permanent housing) or in the city budget.

SL: This is a four-year plan, but absolutely, if we’re going to be serious about these things, we need to have a vision, have an architecture, and then fund these things appropriately.

ECB: What do you say to neighborhoods when they’re already worried about Navigation Centers bringing more homeless people into their communities? It sounds like you’re saying to them, ‘We’re going to take people directly out of jail and bring them into your neighborhood.’

SL: Well, they’re going directly out of jail and into your neighborhood anyway. And so the question is, can we do something to reduce the impact of that? We already have a lot of transitional and halfway housing around Seattle. We’ve been able to manage this in the past. The Navigation Center is a temporary way station on the way toward, hopefully, more permanent options.

ECB: Would you have released the draft [of Mike O’Brien’s RV legislation] if you were city attorney?

SL: Not if they were seeking my attorney-client privileged legal advice.

ECB: What if they weren’t, and you just didn’t like a piece of legislation and you wanted to slow it down?

SL: I think the city attorney should speak publicly on issues of significant importance to the city.

ECB: Why did you leak O’Brien’s RV legislation—or do you dispute the term ‘leak’?

SL: I dispute the term ‘leak.’

ECB: Okay, how come?

SL: So O’Brien had created his [vehicular living task force]. They’d made their recommendations in April. He then worked up the legislation and his office spread it to a lot of stakeholders. They briefed it to some other council members. They briefed it to city departments. And it spread to series of stakeholders. His office then put out an email out 15 to 20 stakeholders that they were introducing that version of the legislation imminently and it was in the law department for a final review—with minor revisions, but they made clear that it was final. That version of the legislation was in the hands of 50 to 100 people. It was not closely held. In that email, they said, we are introducing it imminently and we’re going to have two hearings on it his month and vote it out of committee right after Labor Day. It was a very truncated legislative process right in the middle of August, when a lot of people aren’t paying attention. That had me very concerned, because I thought the legislation was deeply flawed in a legal sense and a policy sense, and that O’Brien was going to try to shove it through at the wrong time. I wasn’t going to do anything with it until his office said they were introducing it imminently. Once they said they were doing that and on such a truncated timeline, I made it public.

ECB: Would you have released the draft if you were city attorney, rather than a candidate for city attorney?

SL: Not if they were seeking my attorney-client privileged legal advice.

ECB: What if they weren’t, and you just didn’t like a piece of legislation and you wanted to slow it down?

SL: I think the city attorney should speak publicly on issues of significant importance to the city. I have very specific experience with this. I was the guy who created the RV safe lots [a safe RV parking program that the city abandoned after deciding it cost too much.] I tried to make those work. I saw what the challenges were. So I have experience. I’ve also seen how Mike O’Brien’s program, Road to Housing, which we spent several hundreds of thousands of dollars on, was a serious flop. [Road to Housing was a program that encouraged churches to allow people living in vehicles to park in their lots. Ultimately, it only created a dozen safe parking spots]. So I’m not coming at this as, ‘Oh, I got a special document and I’m just going to throw it out there.’

“They had a small group of investigators that were able to make sure the domestic violence cases were able to be filed right away. Holmes says domestic violence is a top priority, but he took away these investigators. SPD’s domestic violence unit is telling me, ‘Here’s why we’re getting shitty results out of our domestic violence cases.'”

ECB: Why did you think O’Brien’s plan wouldn’t work? What was the issue?

SL: I think the blanket amnesty [from fines and towing] is just a very legally problematic policy. The thought that we could create 50-some safe lots is unfortunate—it’s counterproductive because we already have experience with this. At the end of the day, what we found was that trying to serve people in their vehicles and to help them stay in their vehicles is the most expensive way to try to service this population.

ECB: So what is a more effective and affordable solution?

SL: I think we need to vastly ramp up the outreach, and outreach to somewhere. Just going and sending an outreach worker alone and cold to a situating and saying, ‘Hey, would you like services?’—the answer is almost always ‘No, thank you.’ Having a police officer try to resolve the legal issues and the social and health issues at the same time is a more effective model.

ECB: You said that ‘blanket amnesty’ isn’t workable from a legal perspective. It seems to me that from a ‘managing homelessness’ perspective, towing people’s vehicles away isn’t working either, since they go from being homeless people in cars to being homeless people in tents and doorways.

SL: There’s a way to do this with appropriate controls and forgiveness, where we say, if your vehicle’s broken down and you received tickets and all you need is $250 for a new starter, we’re going to forgive the tickets and we’ll help you with the starter, but you have to get your vehicles back into basic legal compliance. We absolutely should not be towing somebody’s vehicle away if it’s just a matter of some basic economics. At the same time, to say that there’s blanket amnesty if you’re living in a vehicle creates a whole host of significant issues.

Go under Spokane Street. We had massive fire hazards. We had major public health problems. We had widespread exploitation of women. We had serious drug dealing and other issues. And we had a homicide just three weeks ago. How is the city going to manage the impacts of significant accumulations of vehicles in one location if there’s a blanket amnesty?

ECB: Let’s shift gears and talk about domestic violence. You accuse Pete of declining to file more DV cases than any city attorney in recent history. His counter is that he’s been boosting more DV cases to felony status, which goes through the county court system, and that the number of DV cases that come before the city attorney are cyclical. How do you respond?

SL: The decline rate, at which they refuse to file cases up front, is 65 percent. That is the highest that it’s been in Seattle’s history. In 2009, it was under 50 percent. So, per the city attorney’s own stats, they are declining to file more cases than they ever have in the history of Seattle. [Ed: The city attorney can decline to file a domestic case for prosecution for many reasons, including a victim who is unwilling to testify, incomplete or unclear paperwork, or an accuser who decides it’s safer not to press charges; charges that are boosted to felonies also show up as declines].

One of the major problems is that Pete Holmes has been shuffling and reshuffling the criminal division and moving people around. They had a small group of investigators that were able to make sure the domestic violence cases were able to be filed right away. Holmes says domestic violence is a top priority, but he took away these investigators. SPD’s domestic violence unit is telling me, ‘Here’s why we’re getting shitty results out of our domestic violence cases.’ It used to be the case that when there was some missing information, the investigators would complete that—no problem, it’s a little Google search, boom, complete. Now the city attorney’s office says, ‘Okay, SPD, this case isn’t ready to file,’ and they send it back to the officer who’s out on the street. And that officer may be on vacation, or maybe he has a really full workload. Maybe it gets pushed to the back of pile, and they maybe complete it a week, two weeks later. The case gets more and more stale.

Domestic violence cases are hard, but they haven’t fundamentally changed in the last 30 years, and Holmes has a burden to explain why, if you are an abuse survivor in the city of Seattle, the prospect of you making it through  this process and holding your abuser accountable is slim to none. He says it’s a priority. Those numbers don’t show that. Those numbers show that, in fact, we are badly failing survivors.

Read my pre-primary interview with Lindsay, where we discussed even more issues, including the role of the Community Police Commission in police reform, here; and check out both my recent conversations with City Attorney Pete Holmes here.