Category: Drugs

Morning Fizz: Will Durkan Veto the Council’s Budget?

1. Will Mayor Jenny Durkan veto the city council’s budget?

It may seem early to start asking whether the mayor will reject the council’s revisions of her 2021 budget proposal, since the council is only at the midway point of the budget process. But as the potential amendments and substantive policy changes add up, it’s clear that the council is intent on restoring funds to  housing, grassroots community safety projects, and COVID relief—which means cutting into the mayor’s flagship priority, a $100 million “equitable investment” fund for “investments in BIPOC communities,” in the last budget before the next mayoral election.

Durkan first floated the concept of funding “$100 million in community-driven programs for Black youths and adults” at the height of last summer’s Black Lives Matter protests, when every day produced new allegations of police brutality and overreach. A more detailed proposal came in September in the form of a plan to spend “$100 million on BIPOC [Black, Indigenous, and People of Color] communities. Specifically, Durkan proposed setting $100 million aside in next year’s budget until a task force appointed by the mayor comes up with recommendations for spending it.

To pay for such a large line item in a year of budget cuts, Durkan’s budget plan relies on revenues from the JumpStart payroll tax, which the council allocated to COVID-19 relief and homelessness and housing projects.

Separately, Durkan’s plan also eliminates $10 million the council allocated this year to scale up community-led alternatives to policing. And it “abandons” $30 million that was allocated to equitable investment projects during the sale of the Mercer Megablock property and spends these “flexible funds” on “critical City services in the 2020 Revised Budget and 2021 Proposed Budget.”

The clawback of the Megablock proceeds is perhaps the clearest case of a promise broken. Just last year, Durkan stood in a vacant lot in South Lake Union—at the time, one of the largest and most valuable publicly owned properties in the city— and announced that proceeds from the $143 million sale would help fund affordable housing and other projects that combat displacement in gentrifying areas. “I believe that years from now, people will look back at this chance and say we seized an incredible opportunity to make our City better by reinvesting the proceeds directly in housing across Seattle,” Durkan said at the time.

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This funding promise was one reason progressive groups like Puget Sound Sage did not vocally oppose the project, council member Lisa Herbold noted Thursday. She joined council members Tammy Morales, Andrew Lewis, and council president Lorena González in supporting a proposal by Kshama Sawant to restore funding for the projects promised as part of the Megablock sale last year.

2. Herbold’s proposal to create a new “duress” defense for some people facing misdemeanor charges won’t be heard until after the council adopts the 2021 budget. On Wednesday, González said council staffers were already overloaded with more than 120 budget amendment requests from members.

She also questioned whether Herbold’s proposal—which Herbold says would save the city money by reducing the number of jail beds it has to pay for—is truly budget-related. And she suggested it might not actually save much money, because former mayor Mike McGinn signed a long-term jail contract that commits the city for 30 years to paying for jail beds that they aren’t using now. Continue reading “Morning Fizz: Will Durkan Veto the Council’s Budget?”

Using Private Funding, King County Provides Alcohol and Cigarettes to Patients at Isolation Sites

Beer, Mug, Refreshment, Beer Mug, Drink, Bavaria
Image via Pixabay.

King County has been providing alcohol, tobacco, and, until two weeks ago, cannabis products to some patients with diagnosed or potential COVID-19 infections who are staying at the county’s isolation/quarantine and assessment/recovery sites, The C is for Crank has learned. These sites serve people who are homeless or who cannot isolate safely at home.

The program, which is not funded through public dollars, is similar to efforts in other cities, including San Francisco, to enable patients who have tested positive for COVID-19 or have been exposed to the virus to remain isolated safely while mitigating or preventing withdrawal symptoms.

“Limited and controlled quantities of alcohol and nicotine have been provided by the health and behavioral health clinicians on site as part of clinical management of withdrawal symptoms and harm reduction practices to support patients to safely stay in isolation,” Department of Human and Community Services spokeswoman Sherry Hamilton says. “In all cases, this clinical review and approval for a requested item is required.”

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While programs like King County’s have been controversial in other cities, they are based in the principles of harm reduction, a set of strategies at reducing the negative consequences of drug and alcohol use. Other examples of harm reduction include methadone clinics, needle exchanges, and the Downtown Emergency Service Center’s 1811 Eastlake project—not to mention things like nicotine gum and marijuana as an alternative to heroin.

Hamilton did not say how many people had received alcohol, nicotine, and cannabis products, but said that the department’s director, Leo Flor, has been paying for these items out of his own pocket while the county secures “private foundation funding as a more sustainable approach to funding moving forward.” It’s illegal to spend public funds on alcohol, tobacco, or marijuana. Hamilton was not able to immediately provide details about how much these “initial harm reduction supplies” had cost.

Providing people with substances they would otherwise seek out makes it easier to keep people from spreading COVID-19 in the community surrounding the county’s quarantine and isolation sites, and makes it more likely that people will stay at those sites for their entire isolation period instead of leaving against medical advice. In the case of alcohol, it also may be saving lives—for heavy, daily drinkers, withdrawing from alcohol without specialized medical intervention can cause seizures, heart failure, and death.

“For those who cannot do so, or who do not have a home, the County has created isolation and recovery sites,” Hamilton said. “We try to keep guests safe, stable and comfortable so they will stay the entire time, and harm reduction is one strategy that helps to achieve that goal for some of our guests.”

I have asked for more details about funding for this program, including how much DCHS director Flor has spent out of his own pocket, and will update this post when I learn more.

Library Closures Leave Homeless Patrons Stranded, Safe Consumption Sites See Support, and a MAGA Bill Reveals State GOP Priorities

University branch library, two hours before closing time on Friday.

1. Of all the drastic changes to daily life announced last week in response to the COVID-19 outbreak, the closure of all Seattle Public Library branches may have the most profound impact on the city’s most vulnerable people—those without places to go to during the day, either because they’re completely unsheltered or because they stay in shelters that are only open at night. For people experiencing homelessness, libraries are a haven—warm places to be, but also places to charge phones, get online, and be in the company of other people.

The library’s 27 branches are also places where people without homes or offices can wash their hands and use the restroom, making them a critical resource during daytime hours in a city where publicly accessible restrooms are few and (literally) far between. Without access to libraries, more people will be forced to use public spaces as makeshift restrooms. The fact that people urinate and defecate in public has an easy explanation and a simple solution: When restrooms are available, people use them.

The city has long been aware of this. In 2015, when then-mayor Ed Murray declared a state of emergency on homelessness, the civil proclamation he signed specifically identified the lack of access to restrooms and hand washing facilities as a problem that needed to be addressed. Four years later, the city auditor issued a scathing report slamming the city for failing to address the problem; among other findings, the report noted that UN standards for refugee camps would require about 224 toilets that are accessible 24 hours a day; instead, the city has just six 24/7 restrooms and about 100 locations that provide restroom access during limited hours. 

When I’ve asked about the lack of public restrooms in the past, the Human Services Department has pointed me to this interactive map, which shows every location in the city where theoretically public restrooms are located. But many of these sites are open only during limited hours (some only a few hours a week), or are only accessible to specific populations, such as women or youth. The city will keep community center and parks restrooms open during daytime hours for the time being, but those are of limited utility to people who aren’t already in those parks and near those community centers. Additionally, one great thing about a library is that it’s a place where people can use the restrooms and spend time without having their presence questioned. Without libraries, people lose access to both those things.

Obviously, I’m not saying the libraries should have stayed open during the pandemic; they had to close, because they bring people into close proximity and because library materials are ideal vectors for the virus to spread. What I am saying is that if the city had done more a long time ago to meet people’s immediate needs—like opening more public restrooms instead of spending resources creating defensive interactive maps that suggest no problem exists—this aspect of the crisis might have been averted.

2. On Saturday, King County identified three new locations for people at high risk for coronavirus complications and for those who need to be isolated or quarantined because they have contracted the novel coronavirus:

• The Arrivals Hall at the King County International Airport is now being used as a shelter for the men (most of them over 55) who usually stay at the St. Martin De Porres shelter in Seattle.

• A county-owned parking lot at Eastgate in Bellevue, where “a fully self-contained tent, with flooring and heat, has been purchased for use as an isolation and recovery location,” according to the county. The tent will open next week.

• A Holiday Inn in Issaquah, which the county will lease and use either to provide medical support to vulnerable populations or isolate people “who do not require significant social support services.” Yesterday, after a homeless man who was being isolated at a county-owned motel left the facility against medical advice, the county changed its policy so that only people who do not need social services will stay at hotels.

Support The C Is for Crank
The C Is for Crank is supported entirely by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported, ad-free site going. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for making The C Is for Crank sustainable. I’m truly grateful for your support.
3. A recent poll of Seattle voters found that 61 percent support the idea of supervised drug consumption sites—a strong margin for an idea that has been continually sidelined despite a unanimous endorsement from the King County Heroin and Prescription Opiate Task Force in 2016. Supervised consumption sites, which are common in many European countries, offer safe spaces for drug users to use under medical supervision. The goal of these sites is to prevent deaths from overdose, provide basic services such as wound care; and link people with supportive services, including recovery support and treatment for those who are interested in quitting or reducing their use.

Continue reading “Library Closures Leave Homeless Patrons Stranded, Safe Consumption Sites See Support, and a MAGA Bill Reveals State GOP Priorities”

Cyclists Pack Pedersen Forum, Libraries Still Lack Narcan, and an Update on LEAD

1. Bike and bus advocates showed up in force for a “town hall” meeting featuring District 4 city council member Alex Pedersen in Eastlake last night, but many said afterward that the moderators who chose the questions from a stack of cards submitted by the public—a representative from the Eastlake Community Council and a Pedersen staffer—rejected or ignored their questions.

I was live-tweeting the forum, and noticed early on that most of the questions seemed to be from people opposed to a planned protected bike lane on Eastlake, rather than the dozens of bike lane supporters in the audience. For example, early questions centered on how businesses were supposed to deal with the loss of hundreds of parking spaces directly on Eastlake Avenue; why cyclists couldn’t just ride on a parallel greenway somewhere near, but not on, Eastlake’s business district; and what can still be done to prevent King County Metro from replacing the milk-run Route 70 with a RapidRide bus route that will be faster and more frequent but won’t have as many stops.

During the meeting, I noticed that a pile of questions had been set aside, and that the moderator seemed to be favoring questions from people who opposed bike lanes and RapidRide over questions from the bike lane supporters who packed the room. So I asked via Twitter: If you were at the forum and asked a question that didn’t get answered, what was it?

Pedersen was fairly circumspect in his responses, suggesting repeatedly that people contact his office and promising he would get back to them by email. He did, however, say he supported changing the Eastlake bike lane plan—which has been debated, studied, and affirmed repeatedly over a period of several years—so that cyclists would have to shift back and forth between the arterial and short stretches of “greenway” on unnamed parallel streets. “I think [the Seattle Department of Transportation] should look harder at a combination of protected bike lanes on some part of it and greenways on some of it,” Pedersen said.

Invoking the specter of 35th Ave. NE, where a long-planned bike lane was scuttled after neighborhood activists complained that the loss of on-street parking would destroy local businesses, Pedersen added: “There was a lack of transparency” about the proposed bike lane, which he opposed. “People were just trying to figure out what was going on with it.”

“I think [the Seattle Department of Transportation] should look harder at a combination of protected bike lanes on some part of [Eastlake] and greenways on some of it.” — City council member Alex Pedersen

During the meeting, I noticed that a pile of questions had been set aside, and that the moderator seemed to be favoring questions from people who opposed bike lanes and RapidRide over questions from the bike lane supporters who packed the room. So I asked via Twitter: If you were at the forum and asked a question that didn’t get answered, what was it? Here are some of their (slightly edited) answers:

• Given that every study shows bike lanes make streets safer for everyone and are good for business (and that cyclists spend more than drivers), what data are you paying attention to? How will you incorporate the data that already exists about protected bike lanes around the world?

• Have you seen any analysis of the percentage of people who are NOT in Eastlake that commute to Eastlake for any of the businesses that are afraid of losing 320 parking spots? Do people drive to 14 Carrots from other parts of the city?

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• Have you seen any research about the actual impact of bike lanes on businesses?

• What options are you prioritizing to help my whole family get around without using a car?

• Many people bus and bike through Eastlake, but don’t stop because traffic is so dangerous. What can be done to make Eastlake more welcoming to visitors and encourage fewer single occupancy vehicles, supporting the goal of Vision Zero?

• When will the city consider a residential parking zone in Eastlake (which prevents people from commuting in by car and parking all day in neighborhoods)?

• Why is the RapidRide and bike lane project important for Eastlake and the surrounding area?

Jessica Westgren from Welcoming Wallingford, a group that supports housing density and alternatives to driving, asked Pedersen verbally why he wouldn’t return calls and emails from her organization. Pedersen responded that she should send him an email, ideally including specific information such as “I’m having this issue on my block.”

 

Mayor Jenny Durkan, flanked by parents who lost their son to an opioid overdose and local officials

2. Mayor Jenny Durkan announced that the city will be distributing 700 doses of naloxone (Narcan), a drug that can reverse opioid overdoses, in response to a surge in overdoses from fentanyl in counterfeit oxycodone pills—and, in particular, an increase in the number of teenagers who have died of fentanyl overdoses. Fentanyl is especially deadly, and overdoses happen quickly; an overdosing person can die long before first responders arrive, which is why having Narcan on hand (and knowing how to use it) is so critical.

Durkan said that kits will be distributed in schools, bars, and nightclubs—”any place where it is likely that someone might overdose.” The city is also planning 25 Narcan training workshops.

Since Seattle public libraries are among the places people use opioids—and are, because staff are always present, safer consumption sites than alleys or parks—I asked if the libraries would also start stocking Narcan, and if library workers would be trained to use it. (The library system has been slow to adopt harm reduction policies, and only added sharps containers in restrooms after I published several stories on the issue last year.) Durkan said “we’d like them in the libraries,” but her staff added later that this would be an issue for the library union to negotiate.

Library spokeswoman Andra Addison later confirmed that the library does not have current plans to stock Narcan or train library workers to use it. “The Library currently uses 911 for all medical emergencies. Use of Narcan in our libraries would involve union representatives, and those discussions are just under way,” Addison says. Asked to clarify what the issue would be for the library union, Addison said, “working conditions and the impact on working conditions.”

3. City council member Lisa Herbold has released a copy of the letter I mentioned on Wednesday, urging Durkan to confirm that she will release all the funding the council provided for the Law Enforcement Assisted Diversion program in its adopted budget no later than March 1, and to affirm that LEAD—which offers alternatives to arrest for people suspected of committing low-level crimes—is a crime prevention program, not a homelessness program. Durkan has hired a consultant to look at LEAD’s performance and to determine performance metrics for the program; currently, LEAD is classified as a homelessness intervention and required to meet housing goals, even though more than a quarter of its clients are not homeless. Continue reading “Cyclists Pack Pedersen Forum, Libraries Still Lack Narcan, and an Update on LEAD”

Justice Reform Advocate Behind Successful Diversion Program Wins MacArthur “Genius” Grant

This post originally appeared on Seattle magazine’s website.

Image Credit: Hayley Young, Seattle magazine

Lisa Daugaard, the Seattle criminal justice reform advocate and director of the Public Defender Association (PDA), used to joke with her staff that she would never get a MacArthur grant—the no-strings-attached financial stipend commonly known as the “genius grant.” “It has been kind of an internal joke among my colleagues and family that this would never happen to me, because I had a particularly challenging dynamic with MacArthur over how the work in the [criminal justice] field should progress,” Daugaard says.

So when she got a call from the MacArthur Foundation—several calls, actually, plus a number of increasingly urgent texts—she thought, “I’ll get to this when I get to it.”

Daugaard was preoccupied with a more pressing problem—the latest city budget left the Law Enforcement Assisted Diversion (LEAD) program underfunded, and the PDA would have to stop taking on new clients starting in early 2020. The city has expanded the program geographically since it first started as a Belltown pilot program in 2005, but resources have not kept up with the expanding need, and the small staff is now “pinned at their desks” by staggering caseloads, Daugaard says. “We’ve been struggling with fairly profound questions about whether LEAD is going to make it in Seattle. … The model will collapse without some recognition that as we build enthusiasm for and willingness to use this model, by definition, we have to grow in capacity.”

So when her phone started ringing, Daugaard says, “I was very preoccupied and grumpy. That morning, I was walking around thinking, ‘I’m kind of done. I don’t think I can fix this.’”

When she finally returned the call, “and then I realized that the only thing they needed to ask me about was whether I would accept this award, it was just one of those moments in one’s life where the thing that you had absolutely, conclusively ruled out as ever possibly happening does happen, and it reminds you that you should probably stop assuming that you know what is possible,” Daugaard says.

LEAD, a joint effort between the PDA, police, and other community stakeholders, is a pre-arrest diversion program that offers alternatives to the criminal justice system for low-level offenders with mental illness and substance use disorders. The program has been shown to be more effective than other approaches at reducing recidivism, reducing arrests by 60 percent compared to other approaches. Versions of LEAD now exist across the country—a testament, supporters say, to the effectiveness of the program.

MacArthur’s process for choosing grant recipients is notoriously secretive. It involves following potential recipients’ work for multiple years and interviewing other people in their orbit to gauge the impact of their work. “The idea that folks who have tried to steer the criminal justice field are feeling confident about this direction was kind of news to me, and very welcome information,” Daugaard says.

She hopes Mayor Jenny Durkan and other city leaders are paying attention. “The people who confer about what direction our field needs to take have decided that this is a very promising direction and that this is not a risk. I hope that that is the takeaway,” she says.

As for what she plans to do with that $625,000 of grant money from the foundation? Daugaard says she’ll figure that out soon—right after she finishes up a couple of big projects, including training 15 organizations from across the U.S. on the LEAD model. “I think in 2020 I will be able to start stepping away and doing some writing” about the theory and practice of LEAD and why it works. She knows the program will go on whether she’s actively engaged on a day-to-day basis or not. “I’m proud and pleased that [LEAD] is not dependent on any one person or any one personality and style,” she says. “I’m really confident that that the same insights will be generated, and the same problem-solving will happen, whether I’m there or not.”

A New Criminal-Justice Approach That Acknowledges “Addiction Isn’t a Choice”

This story originally appeared in the August issue of Seattle magazine.

On a day in late spring, David Lucas, 26, is standing in front of Seattle Municipal Court Judge Damon Shadid, waiting to find out if he gets to go home.

Lucas (not his real name) has been locked up in the King County Jail in downtown Seattle for nearly a month. Today, he’s facing a charge of trespassing at a grocery store—the same store where he’s been arrested many times, usually for stealing food. He’s been homeless off and (mostly) on for about a dozen years, and has a chronic mental illness that’s been exacerbated by his habit of smoking meth. Unless he can convince Shadid that he’ll stay out of trouble, he could be going back to jail for a while.

Lucas is part of Seattle’s visibly homeless population, the cohort featured in a KOMO-TV special called “Seattle Is Dying,” which aired in the spring. Although this group makes up a small percentage of the city’s overall homeless population, its members commit an outsize percentage of the kind of low-level drug and property crimes—such as shoplifting, trespassing and public urination—that KOMO highlighted in its special, which amplified the conversation about this subset of the homeless population.

Cases like Lucas’ pose a fundamental question: Is the arrest of people with severe addiction and mental illness who break laws a solution to chronic homelessness? Or is patience and compassion a more effective approach?

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Under ordinary circumstances, a judge might look at Lucas’ file—which includes dozens of arrests since 2011—and send him straight back to his cell. But Lucas is no ordinary defendant, and this is no ordinary court session. Like many other clients who sit at the defendants’ table in this courtroom every Wednesday morning, Lucas is supported by a new program that provides case management, legal aid and mental health services to people who, like him, have complex mental health challenges and whose competency to defend themselves in court has been called into question. His advocates this morning include Daniel Garcia, his case manager; Heather Aman, the prosecutorial liaison with the Seattle City Attorney’s Office; and Judge Shadid, who talks at length about the progress Lucas has made.

After a few minutes of deliberation, Shadid decides to release Lucas on the condition that he stay away from the neighborhood where he keeps getting arrested. And when Lucas leaves jail tomorrow, he’ll leave with Garcia, who has been assigned to help him stay on track. He’ll go to sleep tonight not on the street, but in transitional housing, a kind of way station between homelessness and permanent housing. Later in the week, he’ll have an appointment with the occupational therapist who is helping him with the life skills he’ll need to stay out of this courtroom. And his mental health care will be supervised by a team from the Downtown Emergency Service Center (DESC), including a mental health professional who will monitor his progress and adjust his meds if needed.

All of these services are available to Lucas thanks to a $3 million, 18-month expansion of the existing Law Enforcement Assisted Diversion (LEAD) program, a collaboration between law enforcement agencies, the Public Defender Association and Reach, the street-based case management program for which Garcia works. The expansion, which zeroes in on offenders with mental illness, traumatic brain injuries, addiction and other debilitating cognitive conditions, was funded by a 2018 settlement in a landmark case known simply as Trueblood. The settlement created a pool of money for programs to help defendants at risk of being “warehoused” in jails while they await hearings on their competency to stand trial.

Continue reading “A New Criminal-Justice Approach That Acknowledges “Addiction Isn’t a Choice””

Morning Crank: Toward a Redefinition of “Single-Family”

Council member Teresa Mosqueda released more details last week about her proposal to do a full race and social justice analysis of the city’s urban village strategy—a neighborhood planning framework that was adopted in collaboration with homeowner-dominated neighborhood groups in the 1990s, long before the city adopted its Race and Social Justice Initiative. The memo suggests that the city might move toward a “redefinition of ‘Single Family,’ that includes attached family-dwellings in areas that may not have frequent transit service, but have good transit service, and access to community assets within walking distance (such as parks, open spaces, and community centers) that are otherwise missing from many of the Urban Villages?”

Mosqueda’s memo notes that single-family zoning currently occupies 86 percent of the residential land in Seattle, but it hasn’t always been so. Prior to the 1930s, when the federal government officially encouraged the separation of multifamily and single-family housing through formal redlining, the city had two residential zoning designations—First Residence, which was single-family-only, and Second Residence, where multifamily housing of all kinds was allowed. Much of what is now single-family was in that second category.

The urban village strategy, adopted in the post-formal-redlining 1990s, concentrates development tightly around arterial streets, preserving the vast majority of the city’s land exclusively for detached single-family houses, a development pattern that has contributed to the city’s housing shortage and helped drive up housing prices to levels that are unaffordable to working- and middle-class people.

Mosqueda’s plan, if it’s allowed to play out, could point the way toward an alternate neighborhood-planning strategy that includes renters, low-income people, and people of color in decision-making—a strategy that would likely lead to more density in areas that have been walled off by existing neighborhood plans. Last week, council members (particularly budget committee chair Sally Bagshaw) raised questions about whether Mosqueda’s plan would duplicate work that has already been done and whether it impacts an ongiong legal challenge by a group of neighborhood activists seeking to invalidate the city’s mandatory housing affordability (MHA) policy, in part, on the grounds that the city didn’t do a race and social justice analysis of the impact of increased density. (More on why that challenge is disingenuous here.)

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In the  memo, Mosqueda’s staff quickly dispensed with the latter concern, noting that a racial equity analysis of existing neighborhood plans would have no bearing on whether one was done for MHA (and that it’s outside the scope of the state environmental policy act, which is the basis for SCALE’s challenge, anyway). In response to Bagshaw’s concern—that the analysis has essentially already been done—the memo notes that all the analysis the city has done of the impacts of housing policy on people of color and low-income people so far, including an oft-cited report by former council member Peter Steinbrueck, “appear[s] to start and end with the proposition that the [Urban Village Strategy] is the preferred growth strategy. None appear to actually question the efficacy of the current strategy [or include] an exploration of whether to engage in a new strategy.”

It’s far from clear that Mosqueda’s colleagues will consider this argument persuasive; last week, even Rob Johnson, who supports the idea of revisiting the urban village strategy in principle, suggested that the council might put it off until later in 2019.

The city continues its budget deliberations next week. Last week’s budget discussions  included a debate over Mayor Jenny Durkan’s proposal to use higher-than-expected revenues from the soda tax to cut general-fund spending on the education and food access programs the tax funds, rather than increasing funding for those programs; a discussion about the availability of enhanced shelter beds (almost nonexistent) and whether the mayor’s homelessness budget spends too much on back-office staff; and a proposal, from Mosqueda and Mike O’Brien, to increase pay for all human service providers that contract with the city by 3.5 percent. Durkan’s budget would increase the pay of front-line workers who provide services to Seattle’s homeless population by just 2 percent, and would only benefit those whose jobs are funded through the city’s general fund; increasing and expanding that wage hike would cost just shy of $6 million a year.

The council also talked about the seemingly moribund proposal—recommended unanimously by the county’s opiate task force in 2016—to open a supervised drug consumption site somewhere in the county. Durkan’s budget carries over $1.3 million for a site from the 2017 budget, but doesn’t actually propose spending the money. Durkan, a council staffer told council members last week, “has indicted that opening a [safe consumption site], either leasing or acquiring property, is unlikely is because of the expense and for this reason they have pivoted to a so called fixed mobile site”—i.e., a van. The city is looking at a variety of models for this theoretical site, ranging from a site that does not offer medically assisted treatment (AKA prescriptions for suboxone, an opiate drug that reduces cravings for more dangerous and addictive opiates) and is open only during 9-5 business hours, to a 70-hour-a-week model that does include MAT. “People struggling with addiction aren’t doing it within the course of a 40-hour work week,” Johnson noted.

Morning Crank: A Dramatic Turnaround

1. All Seattle Public Library restrooms will soon be equipped with containers for needle disposal, following a six-month pilot program at the library system’s Ballard, Capitol Hill, University, and downtown branches. The library initiated that pilot after an employee at the Ballard branch was stuck with a needle while removing the trash from the women’s restroom, as I exclusively reported in March.

The decision marks a dramatic turnaround in library policy from just seven months ago, when library spokeswoman Andra Addison said that the library had no plans to install sharps containers for drug users (and diabetics) to dispose of used needles, because “We don’t allow illegal drug use in the library.”  The King County Public Library system preceded the Seattle library in installing sharps containers at branches in Burien, Renton, and Bellevue—branches where library staffers kept finding used needles on the floor, in toilets, and in trash bins.

Addison says it will cost about $2,000 to install the containers—the same ones used in the King County system—in all 60 library restrooms., and about $7,000 to empty and maintain them.  “The Library has ordered the additional sharps containers and we hope to have them installed over the course of November,” Addison says.

According to data provided by the library, the sharps containers at the downtown, Capitol Hill, Ballard, and University branches continue to be the most heavily used. Between the week of April 20 and the week of October 12, 912 sharps were discarded at the Central branch library, 348 on Capitol Hill, 234 in Ballard, and 194 in the University District.

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2. The city of Seattle won on two counts in the lawsuit filed by the owners of the Showbox on Friday, when King County Superior Court judge Mary E. Roberts ruled that legislation expanding the Pike Place Market Historic District to include the music venue did not constitute an illegal land use decision or a taking of private property. However, Roberts did agree to hear claims on two other, arguably more substantive, questions: Did the “Save the Showbox” legislation violate the state appearance of fairness doctrine, which requires officials to keep an open mind on so-called quasi-judicial land use decisions (like zoning changes for a specific property)? And did the city violate the property owners’ constitutional rights by dictating the use of the building as a music venue?

The owner of the building in which the Showbox is located, Roger Forbes, sued the city last month after the city council passed, and Mayor Jenny Durkan signed, “emergency” legislation making the two-story building part of the Pike Place Market Historical District. (The Showbox itself—that is, the venue that rents the building—is owned by the international behemoth Anschutz Entertainment Group).  The law, known as the “Save the Showbox” bill, prevented Forbes from selling the property to a developer, Onni, that had planned to build a 44-story apartment tower on the block. (The city had in fact just upzoned the block, along with the rest of First Avenue, specifically to encourage this type of development).

If the city violated the use of fairness doctrine, it will mean that all the public hearings and rallies and open discussions about the importance of  “Saving the Showbox” as a music venue—of which there have been many—were illegal, because the council should have remained neutral and refrained from holding public hearings. (Not only did the council hold public hearings, its members made signs, staged concerts, and even drafted public comments for private citizens in favor or the proposal.) If the court finds that the city violated Forbes’ rights by dictating the use of the Showbox property it will mean that the legislation thwarting Forbes’ plan to sell and develop the property was unconstitutional, and could open the city up to monetary claims.

The city is arguing that the “Save the Showbox” legislation—whose first section calls the Showbox “a significant cultural resource to Seattle and the region” whose loss “would erode the historical and cultural value of the Pike Place Market neighborhood”—in no way prevents Forbes or any future owner from shutting the Showbox down and using the property for another purpose. Forbes, pointing to the plain text of the legislation and the fact that the law gives the Pike Place Market Historical Commission the right to dictate every aspect of how the building is used, from the tenants down to the font, size, and materials used in its signage, says that’s absurd.

Forbes’ attorney noted that the city has only responded to one of the attorney’s ten public disclosure requests, making it difficult, he argued, to know “all the violations of the appearance of fairness doctrine.” For example, he said, “we just learned by happenstance that the cc staffers were writing public comments”—because of information that I obtained through my own disclosure request and reported on this site.

In dismissing the Showbox owners’ takings and land use claims, Roberts said that neither claim was ripe for consideration—in the case of the land use claim, because the owner of the property and the developer, Onni, had not filed a permit to develop the property by the time the legislation passed, and in the case of the takings claim, because the city has not issued any final decision about what kind of development is allowed on the property.

Roberts also rescheduled the remaining counts for early next fall.

Durkan’s Proposed Budget Adds Funding for Cops, Congestion Pricing, and Buses, But Not for Safe Consumption or New Spending on Homelessness

Mayor Jenny Durkan’s $5.9 billion budget proposes hiring 40 net new police officers, funds shelter and rental-assistance programs that had been at risk of being cut while keeping overall homeless funding basically flat, and dramatically increases transportation spending, at least on paper—the $130 million in new funding consists primarily of unspent funds from the Move Seattle levy, which is currently undergoing a “reset” because the city can’t pay for everything it promised when voters passed the levy in 2015. The new transportation funding includes funding 100,000 new Metro service hours, including “microtransit” shuttles to bring riders to the ends of the existing RapidRide lines and to the water taxi in West Seattle. Those additional hours will require Metro to  work overtime to add buses, drivers, and bus parking capacity, but Metro spokesman Jeff Switzer says the 100,000 hours were also included in the King County budget that County Executive Dow Constantine transmitted yesterday, as part of a total increase of 177,000 hours of bus service over the next two years.

City budget director Ben Noble said that if the city wanted to significantly increase spending on homelessness, “that is going to have to happen through reprioritizing [funding] or some as-yet-unidentified source of revenues.” Alison Eisinger, director of the Seattle/King County Coalition on Homelessness, says that, given the ongoing homelessness crisis, “it is unconscionable to put forward a biennial budget … without additional resources for housing.”

The budget would also eliminate about 150 mostly vacant positions, eliminate funding for 217 basic shelter beds provided by the group SHARE after June of next year, fund a new city “ombud” independent from the Human Resources Department, to help employees in city department navigate the process of filing harassment or discrimination claims, and pay police officers $65 million in retroactive pay and benefits from the four years when they were working without a union contract. Officers, Durkan said, have “gone without even a raise but also [without] a [cost of living adjustment]. There hasn’t been pay raise since the beginning of 2014, so that’s four years of pay increases. …  You can get to seemingly large sums really quickly.”

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In contrast, the budget proposes making an “inflationary increase adjustment” to what it pays front-line homeless service providers of just 2 percent—less than the actual inflation rate.. Earlier this year, the Downtown Emergency Center sought more than $6 million for salaries and benefits—enough to raise an entry-level counselor’s wages from $15.45 an hour to $19.53 and to boost case managers’ salaries from a high of about $38,000 to $44,550 a year. (Currently, the lowest-paying job listed on DESC’s job board pays $16.32 an hour.) “Even a non-police officer, just a clerical position in a city department, is earning more money in salary—let alone salary plus benefits—than somebody whom we are asking to go out under bridges and work with people who have had years of being brutalized in this world,” Eisinger says.

I’ll have a lot more to say about specific budget proposals over the coming weeks as the city council digs into the details in a series of budget briefings that start on Wednesday, but for now, here are a few more highlights from the mayor’s proposal:

• Durkan’s proposed budget does not include any additional funding for a supervised consumption site (mobile or permanent); instead, it simply pushes $1.3 million that was supposed to fund a place for users to consume their drug of choice under medical supervision, with access to wound care, treatment, and case management forward into this year’s budget. Durkan said Monday that the city would not move forward with supervised consumption site until Durkan is “sure [that King County is] still willing to step up and fund the treatment portion of” a supervised consumption site. Activists, including at least one mother who had lost her son to a heroin overdose, stood outside the Pioneer Square fire station, where Durkan delivered her budget speech, protesting the fact that Durkan’s budget calls for continued inaction on safe consumption sites. It has been more than two years now since a King County task force unanimously recommended supervised consumption as part of a holistic strategy for tackling addiction to heroin and other drugs, the rest of which is slowly being implemented and funded. 

Marlys McConnell, whose son Andrew died of an accidental heroin overdose in January 2015, was wearing a “Silence=Death” t-shirt and holding up the right side of a large banner that read, “Overdose is killing a generation. Is it time to act yet, Mayor Durkan?” She said a safe consumption site could have helped diminish the shame her son felt about his own addiction, which he tried to hide from his family. “Had there been a space available for him, I would very much hope that he could have gone and taken advantage of it and been treated with love and respect and dignity. That could have been a bridge to treatment and other services early on.” McConnell is aware of the argument that safe consumption sites enable drug users to continue in their active addiction, but says, “You don’t get [recovery] ’til you get it.”

• Durkan said she would not support selling off more public land to pay for city budget priorities, as the city has done in the past. (The sale of land in South Lake Union funded new shelter beds and “tiny house village” encampments, as well as a rental-assistance program—all part of the nearly $20 million in services that this year’s budget proposal makes permanent.) The city has put its largest remaining property in South Lake Union, the so-called “Mercer Megablock,” on the market, but Durkan said the city would strongly prefer leasing the property long-term under a master lease to selling it outright. Affordable housing advocates have suggested that the city hang on to the property and use it to build high-rise affordable housing. Noble told me that nothing technically bars the city from using at least some of the land for affordable housing (either city-owned or built by a nonprofit housing provider); however, he noted that because the Seattle Department of Transportation used restricted gas-tax funds to pay for some of the Mercer Corridor Project, which used part of the megablock for construction staging, the city has to pay back SDOT (a cost that could account for about 40 percent of the proceeds from the property) before it can start building anything or funding other projects on the property. The city also has taken out significant debt on the future proceeds from the sale of the megablock site, which would also have to be repaid. Finally, high-rise housing is generally much more expensive (and therefore less appropriate for affordable housing) than low-rise, because it involves glass and steel, although advances in technology are slowly making high-rise affordable housing more feasible.

• Durkan’s budget is mostly silent on the question of the over-budget Center City Streetcar (currently stalled so city consultants can determine whether the city should finish building the downtown connector or cut its losses), but it does include about $9 million in funds over two years to help operate the existing South Lake Union and First Hill streetcars. Previously, the city had backfilled streetcar revenue shortfalls periodically as revenues consistently fell short of projections. The new budget pays for those anticipated shortfalls up front. “We’re trying to be more upfront and honest about what it’s costing for the streetcar so that we won’t continue to run in the red and having to incur the debts that we’ve seen” in the past, Durkan said.

• The transportation budget is otherwise a mixed bag for transit proponents. It includes $1 million to pay for an expanded study of congestion pricing (as currently conceived, a toll for people who want to drive into the center city during certain hours); funds new investments in adaptive signal technology, which Durkan touted as a solution for slow and delayed buses but which the National Association of City Transportation Officials says “can result in a longer cycle length that degrades multi-modal conditions” and is best for moving cars in suburban areas; and proposes asking the legislature to change state law barring the city from using traffic cameras to enforce rules against blocking bike and bus lanes. “Right now, you have to have an actual officer come over and pull them over,” Durkan said—an expensive proposition. The budget also eliminates funding for the “Play Streets” pilot program, which permanently activated some street right-of-way for active (non-car) use, and cuts funding for any new “Pavement to Parks” projects, “takes underused streets and creates public spaces for community use on a year-round, daily basis,” according to the budget.

• The proposed budget moves almost half a million dollars from parks department spending on the city’s four golf courses into the separate capital budget as a “bridge solution” for an ongoing revenue shortfall. Although the city recently invested in improvements to its golf courses—hoping that better facilities, along with higher fees, would bring in more revenue—that hasn’t panned out, and the city has hired a consultant to evaluate the program. Asked why the golf courses aren’t penciling out the way the city had hoped, Noble said that it may be that “golf just isn’t as popular as it used to be.” Affordable-housing proponents have suggested closing down at least some of the city’s golf courses and using them as sites for affordable housing.

The city council begins hearings on the mayor’s budget this week; a full schedule of budget meetings is available on the city’s website.

Morning Crank: Taxing Uber and Lyft; Stalling Safe Consumption

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Image by PraiseLightMedia via Wikimedia Commons

 When Mayor Jenny Durkan announced in April that her administration would study congestion pricing—a catchall term for strategies that place a price on driving a car into congested parts of the city, such as downtown and South Lake Union, in the hope of achieving some positive goal, such as lower emissions or faster transit service—she said she hoped to implement some kind of pricing scheme by the end of her first term, in 2021. Most people took this to mean that she would introduce a plan for cordon tolling—essentially, drawing an invisible ring around the center city and charging vehicles to enter. Because this strategy would require voter approval, Durkan’s team will need to figure out how to get around the obvious objections—creating a plan that doesn’t disproportionately harm low-income workers who rely on cars, for example, and that makes transit seem like a viable alternative to driving to people who choose to commute by car.

In the meantime, the mayor is considering another option: Charging Uber and Lyft riders a special tax that will increase the cost to use the car-hire platforms by a few bucks a trip—just enough, perhaps, to nudge some commuters onto buses or trains. According to the mayor’s office, half of all Uber and Lyft trips in Seattle include a trip through the center city. In addition, ride-hailing cars often circle around downtown waiting for the signal that someone needs a ride; this contributes to both congestion and pollution, and makes it harder for buses to move quickly through the area. City council member Mike O’Brien, who supports congestion pricing, says, “There seems to be pretty clear evidence that [Uber and Lyft are] causing congestion and that people are converting from transit to a lesser mode, which is riding in these [vehicles].” O’Brien says he has heard reports of companies in South Lake Union giving free Uber and Lyft shared-ride passes to employees, which creates an incentive to use those services instead of less-convenient transit. “There’s an argument, from my perspective at least, that Uber and Lyft are living in an unequitable world to their favor,” O’Brien says.

The Downtown Seattle Association’s annual commute numbers, which do not distinguish between calling an Uber for a ride and carpooling with a group of colleagues, and their annual commute survey does not indicate a major shift from transit to ride-hailing—yet. A University of California-Davis study last year showed that, in general, urban commuters are switching from transit to ride-hailing companies in record numbers. On average, people who live in major American cities use transit 6 percent less after they start using a ride-hailing service, according to the study. Surprisingly, perhaps, ride-hailing service users who also take transit are more likely to own cars, and to own slightly more cars, than people who just commute by transit; and non-transit users who use ride-hailing services are no less likely to own cars than non-transit users who don’t use ride-hailing platforms. According to the study, “The majority of ride-hailing users (91%) have not made any changes with regards to whether or not they own a vehicle.” As for those who have reduced their personal driving, the study concludes, “[They] have substituted those trips with increased ride-hailing use.”

2. Plans to open the nation’s first safe consumption site in Seattle appear to have foundered. According to multiple people familiar with discussions at the city about whether to fund a new safe consumption site, Mayor Jenny Durkan has not committed to fund the project in her upcoming budget proposal.

In 2016, a county task force on heroin and prescription opiate addiction unanimously recommended the creation of at least two safe consumption sites in King County—one in Seattle, the other somewhere else in the county. (Safe consumption sites allow drug users to consume substances by non-injection methods such as inhalation, which is generally safer and allows people who use drugs that are traditionally smoked or snorted to do so under medical supervision). Those plans stalled under political pressure, as city after city (including Auburn, whose mayor Nancy Backus was on the opiate task force) adopted laws preemptively barring safe consumption sites inside their borders. Last year, the Seattle city council appropriated $1.3 million to establish and operate a safe consumption site; in June, however, the council indicated it would opt for a mobile injection-only van, which would likely preclude consumption by means other than injection but would be cheaper and potentially easier than siting a permanent facility. The mayor’s office says the $1.3 million will be in its 2019 budget.

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Running a safe consumption site would require a new financial commitment of about $2 million a year. Durkan has already asked city departments to come up with budget cuts of between 2 and 5 percent in anticipation of a funding shortfall for 2019. In addition, the city budget office and council have to come up with around $10 million a year to pay for programs related to homelessness that Durkan paid for this year with one-time funding. In that climate, it’s hardly surprising that Durkan—who did not make safe consumption or reducing overdoses a campaign issue and has not made the proposal one of her legislative priorities—would be inclined to let it fall through the cracks, at least for now. On August 27, three days before Seattle advocates commemorated International Overdose Awareness Day with balloons and overdose prevention trainings in Westlake Park, deputy US attorney general Rod Rosenstein wrote an op/ed for the New York Times railing against safe injection sites, and specifically calling out Seattle’s plans to build a mobile injection van. “Injection sites destroy the surrounding community, creating “war zone[s]” with “drug-addled, glassy-eyed people strewn about.”

Seventeen years ago, a county task force on heroin and opiate addiction recommended many of the same measures the city and county are discussing today, including overdose response training, greater access to syringes, and other harm reduction methods, including (potentially) safe injection sites and encouraging drug users to use safer consumption methods. The report, and its recommendations, sat on a shelf for 14 years, with predictable consequences. The consequences of ignoring the recommendations of the 2016 task force will be equally predictable.

3.  It’s been  nine months since Scott Kubly, the former director of the Seattle Department of Transportation, resigned and was replaced on an interim basis by his deputy, Geron Sparrman. It’s been more than two weeks since Sparrman left to take a job at HNTB, a consulting firm that had numerous open contracts with the city of Seattle when Sparrman agreed to take the position, and Durkan announced that former Alaskan Way tunnel project director Linea Laird would take over as his replacement, also on an interim basis. And it’s been one week since the city finally posted the SDOT director position on the city’s official job bulletin, along with a brief description of the position and desired qualifications. According to the notice, interested candidates should contact Reffett Associates, an executive search firm with offices in Bellevue, Dallas, and Washington, D.C.