Category: Mayor Harrell

homelessness, Mayor Harrell

At Mariners’ Request, Mayor’s Office Pushed for Encampment Removal to “Make Opening Day Great” Last Year

By Erica C. Barnett

For weeks, the city has been scrambling to make downtown Seattle, Pioneer Square, and the stadium district inviting to the tens of thousands of people expected to pour into the area this week for All-Star Week. In addition to trash pickups and temporary park “activations” (pickleball, a free outdoor roller rink), the city has flooded the neighborhood with police; last Friday, in tiny Occidental Square alone, PubliCola counted at least eight officers, six park rangers, four private security guards, and about a dozen Downtown Seattle Association ambassadors.

And, of course, the city is sweeping unsheltered people by removing tents and RVs from the area.

Last week, Mayor Bruce Harrell’s office categorically denied that the encampment and RV removals had anything to do with the big baseball event, telling the Seattle Times that the sweeps were based on an “objective prioritization matrix” that naturally leads to frequent encampment removals in the area.

PubliCola has filed a records request to find out more about the process that led to the recent removals.

“Opening day for the Mariners is April 15th and they would like to ensure that the public has a good experience. Can you let this team know what you can do to make opening day great?”— Deputy Mayor Tiffany Washington to Seattle encampment program manager Donna Waters, April 2022

In the meantime, here’s how Harrell’s office dealt with demands by the Mariners to remove encampments around T-Mobile Park, where the All-Star Game is happening, in 2022: By sending a message to the city’s encampment program manager, titled “ACTION ALL – HIGH PRIORITY T-Mobile Park,” asking for an encampment removal in time for opening day along with “clean-ups throughout the [baseball] season.”

The urgent request was prompted by an April 6, 2022 email from the Mariners’ executive vice president and general counsel Fred Rivera, who complained that there was new “encampment activity” that “happens to be in the path between stadium station and the ballpark, which thousands of fans will access on the 15th.”

Enjoying this article? PubliCola is supported entirely by readers like you. Help keep PubliCola sustainable by CLICKING HERE to become a one-time or monthly contributor.

“Is there anything that can be done to prioritize this area, support shelter placements for individuals encamped here, and clean-up in advance of April 15th and potentially throughout the season?” Rivera wrote.

Three minutes later, Harrell’s strategic initiatives director Tim Burgess responded to Rivera personally, copying Deputy Mayor Tiffany Washington, “who leads these issues. I’m sure you will see some action soon,” Burgess wrote. The following day, Washington forwarded Rivera’s email to Donna Waters, who heads up the encampment program for Harrell’s Unified Care Team, describing it as “a request from the WA State Ballpark public facilities district.”

“Opening day for the Mariners is April 15th and they would like to ensure that the public has a good experience,” Washington wrote. “Can you let this team know what you can do to make opening day great?” Waters responded that the city was continuing to do trash pickups and cleaning in the area, but did not say anything about removing the encampment.

“How is this looking for Friday’s opening day events? Will there be a removal before Friday or Friday morning?

“Unfortunately, no we do not have the capacity to complete a removal by Friday.”

“Ugh.”

Several days later, Burgess followed up. “How is this looking for Friday’s opening day events?” he wrote. “Will there be a removal before Friday or Friday morning?”

“Unfortunately, no we do not have the capacity to complete a removal by Friday,” Waters responded.

Burgess then forwarded Waters’ email to then-deputy mayor Kendee Yamaguchi, along with a one-word comment: “Ugh.”

The encampment the Mariners, and Burgess, wanted to remove in 2022 included approximately seven tents and six individuals. In contrast, the encampments and RVs that were removed in the runup to the All Star Game displaced an estimated 24 people living in tents, along with 15 RVs.

In response to questions about efforts to remove tents in time for the Mariners’ Opening Day in 2022, mayoral spokesman Jamie Housen said the city does “not have a standard practice” for removing encampments for large events, and noted that the encampment “was not removed before Opening Day but was closed at a later date.” The SoDo neighborhood, he added, “has the highest number of verified tents and RVs in our database. “As such, outreach, remediation, and resolution efforts continue to be a focus in the neighborhood.” This is almost identical to what the mayor’s office said this year to justify encampment removals in the same location.

Addiction, City Council, criminal justice, Mayor Harrell

Fentanyl Task Force Agrees on Need for Evidence-Based Court Alternatives—With One Notable Exception
Photo by Andrew Engelson

By Erica C. Barnett

A task force convened by Mayor Bruce Harrell to come up with proposals to address illegal drug use in public spaces has been meeting for several weeks to discuss how Seattle’s court system can address a potential influx of cases from the City Attorney Ann Davison’s office. This summer, the council is expected to pass a new law empowering Davison’s office to prosecute people who use drugs in public by aligning Seattle’s municipal code with a new state law making public drug use or simple possession a gross misdemeanor, rather than a felony.

The city council rejected the proposal last month; Councilmember Andrew Lewis, who cast the deciding vote, plans to bring the measure back this summer and vote for it, a switch he says he feels comfortable making now that the task force’s work is underway. Only one of three sub-groups had met as of last week: The one focused on how the court will respond to a potential influx of new drug cases.

After just a couple of meetings, there appears to be broad consensus (with one exception that I’ll get to in a moment) in favor of expanding the Vital program, which provides intensive services to people with behavioral health issues, including addiction, and LEAD, a program run by Purpose Dignity Action (formerly the Public Defender Association, or PDA) that offers services and case management to people before they are arrested.

Even Davison, who unilaterally withdrew the city from community court earlier this year—ending a program that allowed some people to avoid charges by participating in short-term programs—is reportedly open to expanding programs that divert drug users away from jail.

The idea, according to Councilmember Andrew Lewis, is to focus on “things that fall way short of the court” level and “keep things as far away from the court as possible,” since the court has essentially no extra capacity to take on a flood of new drug cases.

The task force includes representatives from Davison’s office, the PDA, Seattle Municipal Court, and—since last week—the King County Department of Public Defense, which was excluded from Harrell’s initial list.

The group, according to Lewis, generally agrees the city should focus on “things that fall way short of the court” level and “keep [cases] as far away from the court as possible,” since Seattle Municipal Court has essentially no extra capacity to take on a flood of new drug cases.

“This conversation is really laying bare that a lot of policy discussions are based on assumptions that aren’t true,” Lewis said. “It really did call out that we could arrest everyone downtown for smoking fentanyl and the King County Jail wouldn’t be able to book them—so where does that leave us?”

The exception to this consensus, according to multiple sources, is City Councilmember Sara Nelson, who has expressed support for a new local misdemeanor drug court that would push people into long-term treatment instead of diversion or services based on harm reduction, such as medication assisted treatment and focused case management. Nelson—who has objected to funding PDA-run programs in the past—supports an abstinence-only approach to addiction and has argued that programs that provide methadone and suboxone to opiate addicts are “not aimed at long-term recovery.”

Enjoying this article? PubliCola is supported entirely by readers like you. Help keep PubliCola sustainable by CLICKING HERE to become a one-time or monthly contributor.

King County has a special drug court for people facing felony drug-related charges; defendants who opt in must go through a rigorous, abstinence-based program that includes mandatory treatment, frequent drug testing, and regular court appearances. The program is high-risk and high-reward: If a defendant completes the program, which lasts a minimum of 10 months, the charges are dropped. If they don’t, the judge can find them guilty and sentence them for their original felony, which could mean a long jail sentence.

For misdemeanors, the reward at the end of the process would be comparatively minuscule—the dismissal of low-level charges that don’t usually lead to jail sentences in the first place. It’s unclear how many, if any, misdemeanor defendants would opt in to such a court; currently, every drug court in Washington state is focused on felony-level offenses.

The group Harrell announced last month includes two other task forces, in addition to the one focused on the courts, that will discuss treatment and enforcement.

Lewis said that now that the work groups are meeting to discuss the best way to respond to public drug use, the legislation making public use a gross misdemeanor in Seattle is “almost a Macguffin”—a device that gets the plot going, but isn’t particularly significant in itself.

PDA co-director Lisa Daugaard agrees with that assessment. In an op/ed for PubliCola last month, she said the city’s primary focus should be on investing in evidence-based approaches to drug use and homelessness, regardless of whether the council gives Davison the authority to prosecute drug users.

campaign finance, City Council, Courts, Elections, Mayor Harrell, Morning Fizz

City Appeals Graffiti Injunction, Council Restricts Public Comment, Candidates Include Lots of Landlords

1. City Attorney Ann Davison announced Wednesday that her office will appeal an injunction that prevents Seattle police from arresting people for violations of the city’s anti-graffiti law. However, given the broad sweep of the injunction—and the judge’s rejection of an earlier motion to dismiss the case—the city’s appeal seems unlikely to succeed.

Last month, a federal judge, Marsha Pechman, issued a ruling in a a case brought by four people who were arrested in 2021 for writing messages including “peaceful protest” in sidewalk chalk on concrete barricades set up outside the Seattle Police Department’s East Precinct. In her ruling, Pechman found that that the four plaintiffs were likely to prove that the ordinance “violates the First and Fourteenth Amendments by being both vague and overbroad.” One week later, Pechman rejected the city’s motion to dismiss the case.

In her June 23 order declining to dismiss the case, Pechman said the city failed to prove that the four protesters lack standing to file a claim under the First, Fourth, and Fourteenth Amendments. In addition to the reasons laid out in the original injunction, Pechman rejected the city’s claim that the police who made the arrests had qualified immunity because they believed the arrests were allowed under the ordinance’s “ban on drawing.”

“We have to have the ability to arrest people for unwanted graffiti. If we lose the lawsuit, we go back to the drawing board and figure out what the deficiencies are in the law, and we fix it or remedy it.”—Mayor Bruce Harrell

“The injunction restricts the City from appropriately addressing the growing problem of graffiti,” Davison said in a statement announcing the appeal. “The victims of graffiti—the public as a whole, business owners, property owners, and others – must have a voice. Graffiti is a crime that has an enormously negative and costly impact.”

During an event last week announcing details of his downtown revitalization plan, Mayor Bruce Harrell told PubliCola, “We have to have the ability to arrest people for unwanted graffiti. …. If we lose the lawsuit, we go back to the drawing board and figure out what the deficiencies are in the law, and we fix it or remedy it.”

Enjoying this article? PubliCola is supported entirely by readers like you. Help keep PubliCola sustainable by CLICKING HERE to become a one-time or monthly contributor.

2. Next week, the Seattle city council will consider new rules for council committee meetings that restrict public comment explicitly to items on a meeting’s agenda, unless the council member chairing the meeting specifies that people can comment on additional items or issues and provides “prior notice” that additional comments will be allowed as part of the meeting agenda.

Over the past several years, public comments at city council meetings have broadened in scope, as more people have shown up to committee meetings to talk about issues that fall under the committee’s purview (addressing the public safety committee about police brutality, or the sustainability committee about climate change), even when there isn’t a specific item about that topic on the agenda. Under the new rules, a committee chair or the council president will be able to cut a speaker off if they go off-topic.

Of the two dozen or so homeowners with active city council campaigns, seven are landlords.

The new rules also spell out more clearly what kind of conduct will get someone kicked out of a meeting, including “threats, personal attacks, or the use of racial, misogynistic, or gender-related slurs, or abusive language or other disorderly conduct,” and give the committee chair sole discretion to decide whether a person is violating the rules.

3. Although the majority of Seattle residents are now renters, the City Council has long been the purview of the property-owning class—people who either come onto the council with property and wealth, or are able to buy property once they start making a council salary.

This year’s council candidates reflect that trend—a large majority of the 30 candidates with active campaigns are homeowners, and only about eight are renters who do not own any property, such as a house that they don’t live in. (These numbers are approximate because state election disclosure records do not require reporting of property owned out of state.)

Of the two dozen or so homeowners with active campaigns, seven are landlords who earn a portion of their income renting residential property. This group includes District 4 candidate Kenneth Wilson, who owns a large coastal property in Florida; District 4 candidate Maritza Rivera, who rents out a Seattle townhouse; and District 5 candidate Cathy Moore, who owns a house in Burien. Most of the landlord candidates make less than $30,000 a year from their rental properties.

The one exception: District 7 candidate (and Piroshky Piroshky owner) Olga Sagan, who reported making between $90,000 and $159,998 last year from her two rental properties in Seattle.

Candidates’ financial disclosure forms and campaign finance data are available at the Public Disclosure Commission.

Drugs, Economy, homelessness, land use, Mayor Harrell

“Downtown Is You”: Harrell Unveils New Downtown Plan Against Backdrop of Anti-Sweeps Protest

Mayor Bruce Harrell speaks to a crowd of supporters and press at Westlake Park

By Erica C. Barnett

Mayor Bruce Harrell gathered supporters in Westlake Plaza Wednesday morning to announce his latest downtown activation plan, officially titled “Downtown Is You.” But the press event was initially sidelined by a group of anti-sweeps protesters holding signs and chanting, “stop the sweeps” and other slogans from a few feet away. After halting his prepared remarks, Harrell hopped down from the stage and attempted to get the protesters to be quiet, but gave up and returned to the stage after several responded that they didn’t trust his offer to talk to them in a different venue.

“Westlake Center is a center for civic engagement,” he told the audience. “Unfortunately, that’s not civic engagement—that’s just yelling.”

“These [unsheltered] folks you see down here, they’re not strangers to me. I grew up on these streets,” Harrell continued. Gesturing toward the group of young activists, he added: “How dare anyone say I’m going to sweep anybody. I don’t see anyone over there I grew up with.”

Under Harrell, the city has dramatically increased the speed and frequency of encampment removals.

The seven-point downtown plan Harrell announced Wednesday does not directly address encampments. However, it does envision a downtown occupied by shoppers, sports fans, and residents of new high-rise apartment towers along a section of Third Avenue between Stewart and Union Streets, where drug users and unsheltered people frequently congregate. The proposed upzone includes the block that includes a McDonald’s and a check cashing outlet as well as the block anchored by Ross Dress for Less.

Enjoying this article? PubliCola is supported entirely by readers like you. Help keep PubliCola sustainable by CLICKING HERE to become a one-time or monthly contributor.

At a press briefing on Tuesday, mayoral advisor (and soon-to-be deputy mayor) Tim Burgess said “several” developments in the area were “ready to go” once a proposed upzone goes through. The proposal would increase the maximum height for new buildings from 170 feet to 440 (460 if new developments include child care or education facilities) on about five blocks that are adjacent to a area where 450-foot-high buildings are already allowed. The city’s land use database does not include any active permits for these blocks.

On Tuesday, Burgess said the proposed rezone reflects “a recognition that we need to make some dramatic changes in order to shift what’s been several decades now of problematic street uses and disorder.”

Police almost outnumbered protesters during a demonstration at Mayor Bruce Harrell’s announcement of his downtown activation strategy.

Harrell’s plan also includes legislation to allow a broader mix of uses on the ground floor of buildings (apartments or conference spaces instead of retail, for example) and throughout buildings themselves, in the form of “vertical residential neighborhoods within buildings” that allow residents to access everything they need, from child care to retail stores to pickleball courts, inside their buildings.

The idea is a nod to the fact that—Harrell’s back-to-work order and admonishments notwithstanding—many people have continued to work at least partly from home, leaving significant vacancies in downtown office buildings. “I don’t think this is a philosophical shift away from retail” serving downtown office workers, McIntyre said Tuesday. “It’s embracing some flexibility and some new ideas and wanting to encourage a different mix on the ground floor area as the as the city continues to change.”

Another piece of legislation would make a half-block of Pike Street between First and Second Avenues pedestrian-only, connecting Pike Place Market Market to—well, one half-block of downtown directly adjacent to, but not part of, the market. (Asked whether the mayor would consider prohibiting car traffic in Pike Place Market—where pedestrians compete for space on the historic brick streets with exhaust-spewing cars—Office of Economic Development director Markham McIntyre said the city was still “talking to Pike Place Market … to figure out what what that might look like,” but had no immediate plans to get rid of cars in the Market, a change pedestrian advocates have been demanding for decades.

 

Beyond those concrete legislative proposals, the plan consists mostly of expanded pilot projects (doubling the number of businesses participating in Seattle Restored, a pop-up project that fills empty storefronts), initiatives that are already underway (reopening City Hall Park, “more murals” downtown), and ideas that are still very much in the whiteboard stages. It also incorporates many aspirational ideas that would require significant additional funding, such as completing the downtown streetcar, putting a lid over I-5, and creating a new “arts district” from South Lake Union to Pioneer Square.

Mayor Bruce Harrell speaks to a group of Stop the Sweeps protesters at Westlake Park.
Mayor Bruce Harrell briefly spoke to protesters before returning to his press event.

And, of course, it assumes a heavier police presence downtown—a mostly unspoken, but bedrock, element of the proposal. “Make Downtown Safe and Welcoming” is actually number one on the plan’s list of seven priorities, starting with arrests of people “distributing and selling illegal drugs” (and, presumably, using them—Harrell mentioned that a bill criminalizing drug possession and public use will likely pass in July). The safety plan also includes a number of initiatives to address addiction that Harrell announced in April, along with a plan to help private property owners remove graffiti—a particular burr under Harrell’s saddle.

Earlier this month, a federal judge issued an injunction barring the police from arresting people for tagging or graffiti, finding that Seattle’s broadly worded law “likely…violates the First and Fourteenth Amendments by being both vague and overbroad.” On Wednesday, I asked Harrell—who had just expounded on the difference, as he sees it, between “art” and “graffiti” (“One word: It’s unwanted”)—what he would do if the judge overturned the law.

“We have to have the ability to arrest people for unwanted graffiti, so if there’s precise language in the law that is unconstitutional, that is vague, that’s ambiguous, we have to fix it,” Harrell said. “If we lose the lawsuit, we go back to the drawing board and figure out what the deficiencies are in the law, and we fix it or remedy it.”

“This graffiti stuff just drives me nuts,” Harrell added.

Courts, Mayor Harrell

Federal Judge Issues Injunction Barring Seattle from Enforcing Its Anti-Graffiti Law

By Erica C. Barnett

US District Court Judge Marsha Pechman issued an injunction yesterday barring the city of Seattle from enforcing its ban on graffiti in a case stemming from protests against police violence in early 2021. In the order, Pechman writes that the four plaintiffs—who wrote in “ordinary charcoal and children’s sidewalk chalk: on a temporary concrete wall outside SPD’s East Precinct—were “likely to prove that the Ordinance… violates the First and Fourteenth Amendments by being both vague and overbroad.”

The chalked messages included, among other slogans critical of police, “peaceful protest,” “Fuck SPD,” and “BLM.”

Seattle’s municipal code says a person is guilty of “property destruction,” a gross misdemeanor punishable by up to 364 days in jail, if “he or she… [w]rites, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person.”

On Wednesday evening, the city and plaintiffs agreed that the injunction only applies to the part of the property destruction law that pertains to graffiti.

In her injunction, Pechman wrote that the current law threatens people with arrest for exercising their right to free speech under the guise of “preventing even temporary visual blight,” as the city attorney’s office wrote in its defense of the law.

“While there is allegedly a policy not to arrest children drawing rainbows on the sidewalk, the Ordinance itself allows the police to do just that and to arrest those who might scribe something that irks an individual officer.”

“On its face, the Ordinance sweeps so broadly that it criminalizes innocuous drawings (from a child’s drawing of a mermaid to pro-police messages written by the Seattle Police Foundation that can hardly be said to constitute ‘visual blight’ and which would naturally wash away in the next rain storm,” Pechman wrote. As written, Pechman continued, the law could allow police to arrest people for “attaching a streamer to someone else’s bicycle or writing a note of ‘hello’ on a classmate’s notebook without express permission.”

“While there is allegedly a policy not to arrest children drawing rainbows on the sidewalk, the Ordinance itself allows the police to do just that and to arrest those who might scribe something that irks an individual officer,” Pechman wrote. In other words, the law as written allows officers to arbitrarily decide what speech is illegal based on their own personal views.

“Although the Ordinance also criminalizes ‘property destruction,’ it equally targets speech. As such, it has a close enough nexus to expression that it poses a real and substantial threat of censorship.”

Enjoying this article? PubliCola is supported entirely by readers like you. Help keep PubliCola sustainable by CLICKING HERE to become a one-time or monthly contributor.

The lawsuit was filed by four people who were arrested outside the East Precinct in Capitol Hill on January 1, 2021, a time when the precinct was surrounded by large temporary walls made of concrete “eco-blocks.” According to the lawsuit, the plaintiffs—Derek Tucson, Robin Snyder, Monsieree de Castro, and Erik Moya-Delgado—were arrested in retaliation for criticizing SPD, in violation of their First and Fourteenth amendment rights protecting free speech and due process.

The lawsuit gives several examples in which the police department has encouraged and even participated in sidewalk-chalk events when they approved of the message.

For example, police participated in a Seattle Police Foundation event in 2017 where supporters chalked “WE ♥ SPD” in huge letters on public sidewalks, and chalked pro-police messages such as “LIBERTY IS ESSENTIAL” and “DEFEND SPD” on the ground outside City Hall during a “Back the Blue” rally in July 2020. 

Additionally, in 2015, SPD’s official Twitter advised a comedy festival organizer that “the use of sidewalk chalk doesn’t constitute graffiti.”

Mayor Bruce Harrell has focused heavily on graffiti as part of his plan to “beautify Seattle,” promising in 2022 to “increase enforcement of graffiti offenses, striking a balance with larger penalties for the most prolific taggers and expanded diversion options for low-level offenders.” That year, the city arrested two “prolific” taggers who they accused of causing more than $300,000 in property damage under a separate “malicious mischief” law that remains in effect.

Harrell also attempted, unsuccessfully, to add more than $1 million last year’s budget to set up new teams of city employees to respond to graffiti.

In a statement, Harrell’s office said he “remains committed to swift and sustainable action to prevent and remove graffiti and property damage through a comprehensive One Seattle Graffiti Plan—focused on a holistic strategy to break the cycle of tagging and abatement through law enforcement, community engagement, artistic expression, and collaboration. We will continue to activate our neighborhoods with positive, community-led art and abate actively harmful and malicious tagging including hate speech.”

City Attorney Ann Davison’s office said they would file a motion asking Pechman for an expedited reconsideration of her order, and that the office “will not be filing property destruction charges under this law for the time being.”

SPD issued a statement Wednesday afternoon saying they have no choice but to abide by the injunction. “We know, as evidenced by the thousands of calls for service we receive each year reporting acts of vandalism and other forms of property damage that property damage is, in fact, a crime that is of significance to community members,” the statement said.

 

Addiction, City Council, Courts, Drugs, Mayor Harrell

Harrell Vows to Pass New Drug Law, Creates Work Group to Find Solutions to the Fentanyl Crisis
Seattle City Councilmember Andrew Lewis takes questions from reporters after yesterday’s press conference

By Andrew Engelson

Yesterday, following last week’s city council vote rejecting a bill that would have given City Attorney Ann Davison the power to prosecute people for drug possession and public use, Mayor Bruce Harrell announced the creation of a 24-member “Fentanyl Systems Work Group” tasked with finding and implementing solutions to the opioid overdose crisis. In King County, 462 people have died of overdoses involving opioids this year alone.

In a press conference at city hall on Monday, Harrell said he was committed to passing a new drug possession and public drug use ordinance that would align the Seattle Municipal Code with a statewide “Blake fix” law passed by the legislature in May, which set drug possession and public use as gross misdemeanors. 

“We will pass a law that allows our department to make arrests,” Harrell said. “But we will do that with compassion, to protect people when we have to.” Talking about how the war on drugs harmed his own community, Harrell wiped away tears and briefly stepped away from the podium.

“I believe in my heart, the people that are using drugs, many of them are sick,” Harrell said. “They’re not healthy. We’re not going to go out and fill our jails with sick people.”

The Seattle Police Department is already authorized to arrest people for drug use and possession under the statewide law, although King County Prosecutor Leesa Manion would have to agree to prosecute those cases, which she has said she will not do. Currently, few people are arrested or prosecuted under existing felony drug laws.

When pre-booking or pre-trial diversion don’t work or aren’t appropriate, Councilmember Andrew Lewis said he would support a new therapeutic court “where there would basically be a court-supervised check-in treatment regime—which is basically King County Drug Court.”

The work group will include municipal judges (including former community court judge Damon Shadid), several city council members, Davison, Police Chief Adrian Diaz, department directors, and representatives from service providers, diversion programs, community groups, and racial justice organizations.

Councilmember Sara Nelson, one of the sponsors of the drug possession bill, was adamant that the council pass a law soon. “I don’t want to see any infringement upon the city attorney’s prosecutorial discretion,” Nelson said after the press conference. “And I don’t want anybody telling the mayor what he’s going to do, what he’s going to direct his officers to do.”

Councilmember Andrew Lewis, who cast the deciding “no” vote last week, has said that in order to vote for a new bill granting the city attorney new authority to prosecute misdemeanor drug crimes, he wants to see a replacement for community court, more funding for prefiling and pre-arrest diversion programs like LEAD, and other “necessary treatment and diversion programs.”

“I’m looking forward to hearing from everybody,” Lewis told PubliCola. “We’ve got two judges who are on this task force. We’ve got the city attorney’s office on this task force. I think that we can work through whatever differences we have to get a plan in place to have a successor therapeutic court.”

Community court has been the primary alternative to Seattle’s mainstream municipal court system since 2020. Though Lewis said he’s committed to finding a replacement for the court, he added that he’s actually more invested in diversion programs that target people before they get arrested in charged, such as LEAD for adults and Community Passageways for youth.

Lisa Daugaard, co-director of Purpose Dignity Action (formerly the Public Defender Association), which runs the pioneering pre-booking diversion program LEAD, said the debate over adding drug possession and public use to Seattle’s municipal code is something of a distraction, since diversion programs have existed as an option for more than a decade and will continue to.

Enjoying this article? PubliCola is supported entirely by readers like you. Help keep PubliCola sustainable by CLICKING HERE to become a one-time or monthly contributor.

“Since 2012,” Daugaard said, “we’ve had a framework in Seattle where even when there is legal authority to arrest, book someone into jail, refer them to prosecution, and prosecute them, our local law enforcement agencies and prosecutors have very often chosen not to do that, in preference for a pre-booking diversion framework where people get a warm handoff to harm reduction-based care.”

Daugaard says arrests for drug-related offenses in Seattle have plummeted in the past two decades and aren’t likely to increase. “The incidence of stops, searches, and arrests for drug crime fell over a decade from being at the very top of the reasons that people have course of contact with law enforcement to outside the top ten,” she said. “And that was not an accident.”

When pre-booking or pre-trial diversion don’t work or aren’t appropriate, Lewis said he would support a new therapeutic court “where there would basically be a court-supervised check-in treatment regime—which is basically King County Drug Court.” Participants in drug court, which lasts a minimum of 10 months, must check in frequently, stay sober, and meet other court-mandated requirements in order to have their charges dropped.

“We know that pre-file diversions are probably best for the overwhelming majority of people,” Lewis said. “But there is a small group of people where those interventions have not been successful, and they need a little bit more accountability and a little bit more structure. And that can definitely be provided by a therapeutic court.”

Daugaard says the more critical issue is finding sufficient funds for recovery services for people with substance use disorder, especially those without shelter. Though one selling point of the state’s drug possession bill was supposed to be an increase in funding for services and treatment, Daugaard says what the state actually provided is insufficient to deal with the scope of the problem statewide.

“The population in each region that it can serve is a small fraction of the total number of people who are using drugs in a way that could either be life threatening or problematic for their stability.” Addressing drug use in Seattle will require an injection of local resources beyond what the city has provided so far—something the council will have to grapple with during its annual budget deliberations this coming fall.

City Council, Crime, Drugs, legislature, Mayor Harrell

Proposal to Make Public Drug Use a Misdemeanor Unlikely to Have Much Visible Impact
City Councilmembers Alex Pedersen and Sara Nelson; City Attorney Ann Davison

By Erica C. Barnett

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

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

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

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

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

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

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

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

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

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

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

Enjoying this article? PubliCola is supported entirely by readers like you. Help keep PubliCola sustainable by CLICKING HERE to become a one-time or monthly contributor.

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

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

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

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

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

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

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

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

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

labor, Mayor Harrell

Essential Workers Protest Harrell’s “Insulting” 1 Percent Pay Increase Offer
Ed Hill, a 30-year veteran of Seattle City Light, shows his “essential worker” badge

By Erica C. Barnett

City Light electricians, Parks Department construction workers, librarians, and other city employees unfurled a 50-foot-long petition down a flight of steps inside the lobby of City Hall yesterday to demonstrate their opposition to a proposed 1 percent “cost of living adjustment” Mayor Bruce Harrell’s labor negotiators proposed earlier this year. The petition included signatures from nearly 6,000 people in support of the Coalition of City Union’s efforts to improve the unions’ contract.

Members of the 11 unions that make up the Coalition of City Unions—which, collectively, represent about 6,000 city workers—expressed disappointment and outrage about the Harrell Administration’s proposal, which would boost these workers’ wages just 1 percent in 2024, and a maximum of 2.5 percent over the next four years. According to the Professional and Technical Workers Coalition, the largest union in the Coalition, Harrell’s office recently offered additional wage increases for people in a “small handful” of job classifications, along with additional vacation time—contingent on the union accepting the 1 percent COLA.

In contrast salaries for rookie police officers quickly rise to six figures, not counting overtime, over a new recruit’s first four years, and that amount will increase again after the city concludes contract negotiations with the police union, which are ongoing now. The city also offers police hiring bonuses of up to $30,000.

One percent, many workers told me Tuesday, is far less than the rate of inflation, which topped 8 percent in Seattle last year. Ed Hill, an electrical construction and maintenance supervisor who has worked for Seattle City light almost 30 years, said that for him, a 1 percent pay boost “is just like 0 percent. That puts me, actually, going backwards. Because everything else is going up everything except my wages.”

Hill said he had high hopes for the negotiations when Harrell showed up for an initial meeting with union negotiators and told them “this was going to be a collaborative process… a nice, easy process. And the whole thing—well, it just hasn’t turned out to be that.”

Joan Estes, another electrical construction and maintenance supervisor who rose through the ranks at City Light, said she took a supervisory job on the assumption that it would be a better career path than her previous job as a City Light electrician. Instead, she said,  “I’m making less now than the job I came from.” On top of that, Estes said, City Light is seeing an increase in wage compression, as the wages of lower-ranked workers, who are represented by a different union, close in on what higher-ranking employees earn. In its most recent contract, IBEW 77, which represents City Light line workers and electricians, negotiated a cost of living adjustment up to 4 percent along with one-time wage increases of 10 percent.

Hill, Estes, and many other workers at Tuesday’s event wore city ID cards bearing a red “ESSENTIAL WORKER” badge—an early-pandemic designation for city employees who didn’t have the option of working from home. Marvin Christianson, a carpenter for the Parks and Recreation department who worked “straight on through” the pandemic, called the 1 percent offer “insulting.”

Enjoying this article? PubliCola is supported entirely by readers like you. Help keep PubliCola sustainable by CLICKING HERE to become a one-time or monthly contributor.

“We’ve been told over and over again that we’re the best-funded parts department in the nation, and we’re going, why is our work underpaid—so far underpaid that we have recruitment and retention problems?” Christianson said.

Anne Cisney, a librarian at the Central (downtown) Seattle Public Library, said library workers have become an part of the support system for people experiencing homelessness, mental health issues, and addiction, including people in crisis who lash out at library staff.  “And in that environment, to hear from the city that our wages will not even keep pace with inflation, that’s a very hard thing to hear,” Cisney said. “And it leaves us feeling unsupported, devalued and disrespected by the city that we’re working so hard to support. So that’s why such an overwhelming number of library workers feel strongly about this issue.”

Brianna Thomas, Harrell’s labor liaison, came down from the mayor’s office to receive a printed-out version of the petition, but noted several times, “I’m not the negotiator!” Harrell’s office did not immediately respond to a request for comment about the issues the union members raised on Wednesday afternoon.

Addiction, Drugs, Economy, Mayor Harrell

Harrell Proposes Investing in Evidence-Based Approaches to Addiction as Part of Downtown Revitalization Plan

 

Mayor Bruce Harrell and City Councilmember Sara Nelson

By Erica C. Barnett

Mayor Bruce Harrell issued an executive order Monday expanding Health One to include a new overdose response unit aimed at getting people into treatment, directing the Seattle Police Department to “prioritize enforcing [illegal drug] sales and distribution related crimes to the fullest extent permissible,” and committing the city to “site, explore funding for, and work with the University of Washington Addictions, Drug and Alcohol Institute (UW ADAI), and County partners to establish a post overdose diversion facility where EMS can bring people after non-fatal overdoses to recover, get stabilized on medications, and access resources.”

Currently, when medics revive someone who has overdosed, the person can either agree to go to the hospital, where they’ll get information about treatment, or decline; a post-overdose facility would provide another route for people who would ordinarily decline additional care.

“What’s going to happen now is that [in addition to Fire Department medics], Health One is also going to respond” to overdoses, Seattle Fire Chief Harold Scoggins said at an event announcing the order in Pioneer Square Monday afternoon. “Health One comes with case managers and firefighters who are trained [to] talk to folks and really explain the resources that are available to them. After the fire units leave, the police units leave, Health One will still be on the scene.”

The order also endorses an evidence-based harm reduction strategy called contingency management, which involves providing incentives, such as low-dollar gift certificates, to drug or alcohol users who enroll in treatment and stay clean.

Harrell didn’t have many details about the plan to open a post-overdose response site, such as how it would be funded, who would staff it, or—importantly—why people who overdosed and refused to go to Harborview would be willing to go to a different facility. “Full disclosure: How it’s staffed, how we fund it—that’s the work we’re trying to do now, because in looking at the numbers of fatalities and overdoses, we realize that’s sort of a gap in our treatment scenario,” Harrell said.

The order also endorses an evidence-based harm reduction strategy called contingency management, which involves providing incentives, such as low-dollar gift certificates, to drug or alcohol users who enroll in treatment and stay clean. Contingency management has been especially effective at reducing stimulant use, for which—unlike opiates—there is no drug-based treatment. “We will do what makes sense to get people in treatment,” Harrell said.

Enjoying this article? PubliCola is supported entirely by readers like you. Help keep PubliCola sustainable by CLICKING HERE to become a one-time or monthly contributor.

City Councilmember Sara Nelson, who is in recovery and has previously expressed opposition to harm reduction approaches like medication-assisted treatment, called  contingency management a “proven method…  that rewards people who want to stay sober, and get on the path to long term recovery, no matter what their addiction.” After the press conference, she told PubliCola the program already has a funding source: Seattle’s share of a statewide fund that resulted from a settlement in the state’s lawsuit against the three largest opiate distributors.

The executive order also commits the city to “convene a workgroup to map out the various local, county and state programs and services available to treat and respond to the opioid and synthetic drug crisis.”

“This time-limited workgroup will be tasked with identifying gaps in our current systems and making recommendations on how to better coordinate a treatment-first approach to reducing substance abuse disorders and overdose rates. The workgroup will also assess ongoing investments and programs to determine what is working well and how existing investments could be expanded to serve more people.”

As a separate part of the downtown plan, the head of the city’s Office of Economic Development, Markham McIntyre, announced that the city will reopen City Hall Park next to the downtown King County Courthouse, which has been closed and fenced off since 2021 (more “jumbo chess boards”); open up streets to pedestrians  more often for special events, including, “perhaps, on-street pickleball tournaments”; and ask the Washington Liquor and Cannabis Board for “sip and stroll” liquor permits that would allow people to walk around with drinks during events like First Thursday art walks.

Mayor Harrell, Transit

City Paid Consultant Tim Ceis $280,000 to “Encourage Agreement” and Build “Community Consensus” for Harrell’s Light Rail Route
Four potential light rail routes through the CID; the Sound Transit board adopted the third route from left, which Seattle Mayor Bruce Harrell sponsored, as its preferred alternative last week.

By Erica C. Barnett

The city of Seattle spent $280,000 over the past year paying longtime local consultant Tim Ceis—a former deputy mayor widely known as “the Shark” for his combative, “Machiavellian” style—to lobby Sound Transit on a West Seattle-to-Ballard light rail extension, PubliCola has learned. The no-bid, sole-source contract falls just under the maximum amount, $285,000, that city agencies can legally pay consultants before they have to solicit public bids.

According to Ceis’ contract, his work included building “community consensus” on behalf of the city’s preferred light rail alternative—a controversial last-minute option that eliminates long-planned stations serving the Chinatown-International District and First Hill in favor of a second station in Pioneer Square and a new station a few blocks from the existing Stadium Station. Mayoral spokesman Jamie Housen said the contract amounts to around 20 hours of work a week, although it’s unclear how many hours Ceis has actually worked on the mayor’s behalf.

Harrell sponsored the new alternative with the support of King County Executive Dow Constantine, at a meeting where the Sound Transit board adopted Harrell’s proposal as its preferred alternative last week.

According to a redacted copy of Ceis’ amended contract, his work for the city involved “developing and representing the Mayor’s position” on the light-rail route, “developing positive board-level relationships that support Seattle’s goals for [the West Seattle-Ballard Light Rail Extension] and enable effective decision-making at the ST Board” and “encourag[ing] agreement around recommendations and modifications considered by the ST Board.” Formally, the contract is between the Seattle Department of Transportation, which answers to the mayor, and Ceis’ firm, Ceis Bayne East.

Update March 29: At PubliCola’s request, the city’s website has been updated to include Ceis’ original contract, which was not publicly available until today. The contract includes heavy redactions, including a blacked-out page titled “Consultant costs and estimated hours,” as seen above. State public disclosure law requires disclosure of public documents except in specifically, clearly defined cases; I’ve asked which exemption they believe Ceis’ contract terms fall under.

Update April 3: After PubliCola asked for a legal justification for redacting Ceis’ costs and estimated hours, the Seattle Department of Transportation provided unredacted copies of the original contract and the amended version. Both show that Ceis claimed 20 hours of work per week at $250 an hour—a rate that’s significantly lower than what consultants at Ceis’ level (both as a partner in his own firm and with his decades of experience) generally charge. Ceis’ contract does not require a specific accounting of hours.

Harrell and King County Executive Dow Constantine have repeatedly suggested that “the CID community” was united in support of a light rail alternative that bypasses their neighborhood, but the illusion of that consensus was decisively broken when thousands of people signed a petition supporting a station in Chinatown, and dozens showed up to hold signs and testify against a route that skips their neighborhood, last week.

Under the contract, Ceis was responsible for getting “key constituencies” to support the mayor’s preferred route and station locations and helping them craft their “comments and positions” in favor of this route.

Supporters of the “north-south” alternative have argued that “the CID community” was united in support of a light rail alternative that bypasses their neighborhood, but the illusion of that consensus was decisively broken when thousands of people signed a petition supporting a station in Chinatown, and dozens showed up to hold signs and testify against a route that skips their neighborhood, last week.

Enjoying this article? PubliCola is supported entirely by readers like you. Help keep PubliCola sustainable by CLICKING HERE to become a one-time or monthly contributor.

Ceis and his firm are being paid significantly more per year than Anne Fennessy, a consultant hired by then-mayor Jenny Durkan to serve as the city’s dedicated representative to Sound Transit in 2018. Fennessy’s $180,000-a-year contract raised eyebrows both for its size and the fact that Fennessy was a personal friend of Durkan’s. Fennessy’s work consisted largely of representing the city in meetings with Sound Transit staff and coordinating technical input, according to her contract.

Ceis’ firm, which helped draft the Compassion Seattle initiative, received $25,000 for its work on Compassion Seattle, the failed initiative on homelessness that Harrell adopted as a pillar of his homelessness policy. Ceis maxed out to Harrell’s mayoral campaign in 2021 and worked behind the scenes on an independent expenditure committee supporting Harrell.

Ceis directed our questions about his contract to Harrell’s office. Housen said Ceis “filled a gap” when the city was transitioning between dedicated representatives to Sound Transit, “providing expertise, analysis, and historical context over the last year.”