Category: Morning Crank

Magnolia Considers Suing Over New District Boundaries, Mayor Donates Auction Item to Exclusive Private School

1. Update on November 22, 2022: According to an email distributed by the Magnolia Community Council, the group “has made the difficult decision to no longer pursue an appeal” because the cost of doing so would be “prohibitive.” The group “will start planning for how we will come together to work effectively and efficiently for one community made up of two Council Districts,” the email said.

Rumors were flying this week that the Magnolia Community Council planned to file a legal challenge to a new Seattle City Council district map that divides the peninsula into two council districts. Representatives of businesses and homeowners in Magnolia argued that the map the Seattle Redistricting Commission ultimately adopted was inequitable because it “split” the neighborhood, moving the wealthier, whiter western half of Magnolia into District 6, currently represented by Dan Strauss.

An email that went out on the community council’s mailing list this week sought donations for a “legal defense fund” to request a review of the new map from a King County Superior Court judge, on the grounds that the redistricting commission did not follow rules laid out in the city charter for the 10-year redistricting process. “Our goal is to request a judge to order the Commission to follow the Charter and vote for a map that keeps Magnolia whole,” the email says.

The community council’s website praises comments made by former mayor Greg Nickels, the only redistricting commission member to vote against the map. In his statement, as PubliCola reported, Nickels called the map “retribution  [against] Magnolia because it is an older, wealthier and whiter community.”

Demographically, the neighborhood consists of two distinct, and very different areas. The west side, with its expansive views of Puget Sound, fits the stereotype of Magnolia as a suburban enclave: almost exclusively single-family and owner-occupied, with median home values as high as $1.7 million.

The eastern half of the peninsula, which includes thousands of renters in dense apartment blocks, will remain part of District 7, which includes other renter-heavy neighborhoods like Lower Queen Anne, Belltown, and downtown. According to Census data, the eastern part of Magnolia encompasses some of the city’s densest Census tracts, including several where more than 80 percent of residents are renters; overall, the part of Magnolia that will stay in District 7 includes almost 5,000 rental units.

The Magnolia Community Council did not respond to a request for comment on its plans to mount a legal challenge, nor on its fundraising efforts.

2. Mayor Bruce Harrell offered “lunch with the Mayor” for five students, complete with a photo opp and a tour of City Hall by mayoral staff, as an auction item to benefit the exclusive Lakeside School’s parents’ association earlier this month. Proceeds from the annual ROAR (Raising Our Allocation Resources) auction pay for “classroom enrichment, faculty and staff development, and financial aid,” according to Lakeside’s website.

Annual tuition at Lakeside School is more than $40,000 a year, although families that receive financial assistance pay, on average, just over $9,800 a year, according to the school’s website. The average income for families that receive financial aid is $163,730 a year.

In response to questions about the auction, mayoral spokesman Jamie Housen said Harrell has “regularly volunteered his time for these kinds of charity auctions, including to support students at Garfield and Cleveland High Schools, the Wing Luke Museum, and the Rainier Chamber. … In this case, he was asked to support a charity auction to raise money in support of students, including financial aid for underrepresented students. One of Mayor Harrell’s children is a Lakeside alumnus and his daughter-in-law currently works at the school.”

Other items available at the auction, which has now closed, included a Lake Washington Boat Adventure with “El Capitan Jefe,” an inside look at the filming of KING TV’s long-running Evening show, and weekends at several vacation houses. Lunch with the mayor sold for $225.

SPD Fires Controversial Cop Who Taunted Protesters, City Eases Back-to-Office Mandate

1. The Seattle Police Department has fired controversial officer Andrei Constantin, who created a fake Twitter account to harass and mock protesters and make fun of victims of police violence, including George Floyd and Breonna Taylor.

According to the SPD disciplinary action report explaining why Constantin was fired, the officer posted dozens of “extremely unprofessional, offensive, derogatory, and entirely unacceptable” tweets that “celebrated violence against protesters, ridiculed human beings who were injured or killed, taunted the family members of deceased individuals, and publicly accused SPD of hating its employees, blamed victims of assault, appeared to celebrate a homicide, and stated George Floyd ‘got justice.'”

Constantin’s tweets, originally uncovered by Twitter user @WhiteRoseAFA in October 2021, included posts calling people who participated in the 2020 protests against police violence “antifa terrorists” who should be “napalmed”; mocking the death of the young activist Summer Taylor, who was struck by a driver in a section of I-5 that had been closed down for a march; and telling the mother of an activist who was murdered in Portland, “Rest in piss bitch.” Constantin posted as @1SteelerFanatic under the name “Bruce Wayne”; he deactivated the account last year.

Constantin was previously the subject of at least nine other Office of Police Accountability complaints. Those complaints, detailed on the website, included: Pulling over a driver without justification, pointing a gun at him, and handcuffing himthreatening to use his Taser on a man who was not being threatening; and detaining a homeless Black bike rider and for nearly an hour. Last year, as PubliCola reported, Constantin received an eight-day unpaid suspension after shattering the driver-side window of someone’s car while they were sitting at a gas station.

In his written decision to fire Constantin, SPD police chief Adrian Diaz acknowledged Constantin had received “counseling” for the mental anguish he claimed to have endured as the result of the 2020 protests, but said that in light of his long disciplinary history and the “inexcusable” nature of his posts, Constantin could no longer work at SPD. Constantin last day at SPD was September 22.

2. The union representing Seattle Public Utilities’ 85 call center employees has reached an agreement with the city that exempts these workers from the mandate that all city employees come in to the office a minimum of two days a week, PubliCola has learned. As we reported in July, many call center workers preferred working from home because it was a huge improvement on commutes that could add up to hours of unpaid time in the car or on the bus each day.

“The City shall exempt the employees in the SPU Contact Center from any in-office minimum requirement, in acknowledgement of the substantial expense compliance would cause that department to incur,” the agreement says.

As we reported in July, call center workers have been more efficient and effective, by the city’s own metrics, since representatives started working at home instead of a crowded room in downtown Seattle.

The agreement allows SPU to require workers to come back to the office if management decides it will “improve operations.” It also requires call center employees to live within a three-hour drive of the Seattle Municipal Tower so they can get there if needed—a change that narrows the possibilities for true telecommuting.

In addition, other city employees who are subject to the mandate—part of Mayor Bruce Harrell’s “One Seattle” effort to bring workers back into a still-struggling downtown—will be allowed to spread their in-office days across a two-week pay period, instead of coming in two days every week. The agreement also clarifies what counts as “in the office” (field work, including inspections, public meetings, and trainings will count as in-office time) and give individual departments the opportunity to ask for exemptions from the rules.

Ruling Orders UW to Reinstate Police Patrols at Dorms, COVID Hits Home at SPD and City Hall

1. The state Public Employee Relations Commission, which arbitrates labor disputes within state agencies, reversed a decision that allowed unarmed “campus responders” to provide public safety services at University of Washington residence halls and ordered the UW to restore police patrols, represented by a different union, at the dorms. The ruling orders the UW to reassign campus cops to patrol its residence halls.

The university decided to eliminate armed dorm patrols in 2020 after protests against police violence prompted calls to divest from police across the city and nation.

The divided decision, signed by Commissioners Marilyn Sayan and Kenneth Pedersen, found that the university had failed to bargain in good faith with its campus police union when it eliminated unarmed patrols to the dorms in response to student demands for a “more holistic approach to public safety” in 2020. PubliCola broke the news about the latest PERC decision on Saturday, and covered the original decision, which was issued by a PERC examiner, last year.

The case centered on the question of whether the UW and its president, Ana Mari Cauce, had the authority to replace campus police with civilian responders without negotiating the change with the union representing the officers. The university argued that it had the authority to choose its own campus public safety model, without bargaining the changes with the union; the union argued that the issue was a matter of mandatory bargaining, and that the UW was “skimming” work away from the police department—effectively taking away an opportunity for officers to make money and giving it to new employees represented by a different union.

Although no campus police lost their jobs as the result of the shift in duties (the dissenting opinion by Commissioner Mark Busto notes that the police union “did not present evidence that the CPOs suffered any financial impact from the transfer, such as the loss of overtime”), the PERC ruling orders the UW to “make any eligible bargaining unit employees whole, with interest, by paying them wages and benefits lost as a result of the skimming found in this unfair labor practice complaint.”

2. In COVID news, PubliCola has heard from several sources that Seattle City Councilmember Sara Nelson recently had COVID but failed to inform her coworkers, including at least some council colleagues, about her diagnosis, as the city’s COVID protocols require for all city employees who work outside their homes. Nelson, who often appears on the council dais without a mask, did not respond to a request for comment.

Legislative staff routinely receive exposure notices from Human Resources when someone in their department tests positive and reports it to the city, but there have been significantly more informal reports of COVID than formal notices, meaning that others in the legislative department are not following the policy either. At least two other council members have had COVID, including Councilmember Tammy Morales, who mentioned her diagnosis in a recent public council meeting.

3. Additionally, Seattle Police Chief Adrian Diaz’ brother, acting Lieutenant Avery Jaycin Diaz, is on extended leave and reportedly plans to retire after refusing to get vaccinated, which SPD policy requires. Although neither SPD nor Chief Diaz would confirm that nonvaccination was the reason for his brother’s departure, an SPD spokesman did confirm that he has not been on active duty for some time. The spokesman said Avery Diaz had not submitted his official retirement paperwork as of mid-July.

PubliCola was unable to reach Avery Diaz, and the police chief declined to comment on the record about his brother’s departure. Property records show that he sold his house in August 2021.

As of mid-July, SPD had only fired four officers for refusing to comply with vaccine mandates, although some have retired or resigned inton lieu of termination. The department has lost around 400 officers since 2020, most due to resignations or retirements, and Mayor Bruce Harrell recently announced a $2 million “recruitment and retention” plan that would providing hiring bonuses of up to $30,000 to new SPD officers.

Prosecutor Candidate Says He Won’t Participate In Right-Wing Event; City Employees Demand Action on Hate Crimes; “We Don’t Sweep,” Seattle Mayor Says as Sweeps Continue

As Parks Department workers and police wrapped up the removal of an encampment in Ballard two miles away, Mayor Bruce Harrell stood in a parking lot near another former encampment site in Lower Woodland Park, declaring, “Under this administration, we don’t sweep. We don’t chase people out. We treat and we house.”

Harrell, along with King County Regional Homelessness Authority CEO Marc Dones, District 6 city council member Dan Strauss, and representatives from city departments and the nonprofit outreach provider REACH, was in Woodland Park to celebrate the removal of an encampment in the park that resulted in 89 referrals to shelter and four housing placements, according to the city. (“Referrals” are not the same thing as shelter enrollments; the number of people who show up to shelter is typically less than half the number of those who get referrals.)

A couple of miles away from the Woodland Park celebration, police and other city employees finish up a sweep of an encampment in Ballard.

As we reported this week, the city’s original plan was to shelter everyone on a “by-name list” created back in February. Instead, after someone at the encampment reportedly threatened a city outreach worker with a gun, the city directed shelter providers to open up beds and hold beds open so that everyone living at Woodland Park could move out and into shelter, primarily tiny house villages, right away. In the end, nearly half of the 89 people the city moved into shelter were not on the by-name list. More than half the people moved from Woodland Park were relocated not during the past four months of outreach, but in the final week leading up to the park closure on Tuesday.

On Thursday, both KCRHA CEO Marc Dones and Deputy Mayor Tiffany Washington said it was actually a good sign that people relocated to Woodland Park after the city started doing outreach there earlier this year. “It’s good news for me that people came at the last minute,” because “they saw there were resources,” Washington said. “And it’s good news that we were able to give them the resources they need.”

Dones said they wouldn’t describe the decision to make dozens of beds available to people living in Woodland Park, as opposed to other encampments around the city, as a “a movement of resources. I would actually describe that as, literally, things came online that we were able to offer. And I think that is broadly a good strategy that we allow the system’s availability to dictate what we do.”

2. Federal Way Mayor Jim Ferrell, one of two candidates seeking to replace Dan Satterberg as King County prosecutor, said he was surprised to learn he was listed as a speaker at an Enumclaw event sponsored by several fringe groups opposed to mask mandates, abortion rights, and public education, and told PubliCola Thursday that he asked the sponsors to remove his name from the list of participants.

The event came to light when Washington State Democratic Party Chair Tina Podlowdowski posted an image promoting the event on Facebook and Twitter; the ad listed Ferrell as one of the speakers at the “17th Patriot Gathering,” alongside Republicans including state Rep. Jim Walsh (R-19), who wore a Star of David, invoking the Holocaust, to protest vaccine mandates; state Sen. Phil Fortunato, a vocal abortion-rights opponent who was kicked out of the state Capitol for refusing to take a COVID test; and Matt Larkin, who’s running for Congress in East King County on an anti-Seattle agenda and also opposes abortion rights.

“I’m a Democrat. I’ve been a [precinct committee officer] for the past ten years. I’ve got a lot of labor support and Democratic support,” Ferrell said.

Ferrell said he found out about the event after a Federal Way council member, Huong Tran, referred him to one of the organizers, describing her as “someone who’s pretty prominent in the real estate community,” he said. “I gave her a call and she says they’re having a barbecue or some sort of gathering, but didn’t say who it was or the organization,” Ferrell said. “I had no idea what it was, but [when I found out], I immediately called and said I didn’t know it was a partisan event. I wouldn’t go even if I was available.”

“My manager wrestled to the floor today and was like, dude, you’ve got to tel me what you’re doing,” Ferrell said.

Ferrell, who is running on a “back to basics” law-and-order platform, has endorsements from a number of police and trade unions as well as current and former elected officials from around King County, though not Seattle. He has said the prosecutor’s office went “off the rails” by focusing on things like diversion programs for defendants rather than justice for crime victims. His opponent, Leesa Manion, is the chief of staff for retiring prosecutor Dan Satterberg, a former Republican who switched parties in 2018. Ferrell worked for the prosecutor’s office for 16 years before being elected mayor in 2014.

3. Members of the city of Seattle’s Race and Social Justice Network sent a letter earlier this month to Mayor Harrell, the city council, Seattle Fire Chief Harold Scoggins, and top officials at the Seattle Fire Department demanding an investigation into, and consequences for, a February incident in which firefighters found a noose hanging inside Fire Station 24 in Bitter Lake. The noose was the second found at a Seattle fire station in two years.

In the letter, the city employees—including representatives from the Human Services Department, Seattle Silence Breakers, Seattle City Light, and a number of race and social justice affinity groups and caucuses—ask the officials to thoroughly investigate the incident and identify and fire the perpetrator(s); acknowledge “the pervasive culture of racism that exists within the Seattle Fire Department, and many other departments across the City”; and “[p]rioritize and resource a culture of trauma-informed care for Black, Indigenous, and People of Color employees at the City,” among other actions.

“These recurring actions are a clear symptom of workplace culture toxicity and institutional racism,” the letter says. “It signals the persistently unsafe (physical and emotional) workplace Black employees face coming to work each day at the City. How many other instances of hate crimes, threats to personal safety, and threats of death have occurred at City worksites?”

A spokeswoman for the fire department said Scoggins “plans to respond to the letter from the City’s RSJI network this week,” which the department would share with the media then. Right now, our focus is on providing a timely response to the letter, followed by an update to SFD members regarding information shared in response to the letter.”

Seattle Shuffles Scooter Share Deck, Library Invests in Social Services, Campaign Forms to Fight Potential Cannabis Tax

1. Bird, a scooter provider that’s already ubiquitous in cities across the country, will soon enter the Seattle market, while Spin and the venture-backed sit-down scooter company Wheels will no longer be seen on Seattle streets. In addition to Bird, Link and Lime will continue as scooter providers in Seattle.

The Seattle Department of Transportation announced the scooter shuffle on its website last week, just weeks after publishing the results of a controversial, nonscientific survey concluding that more scooter riders are injured while riding than previously reported.

The city will also permanently permit a new bikesharing company, Veo, whose low-slung bikes have vestigial pedals but function more like a sit-down scooter, with a throttle that allows riders to propel them while using the pedals as footrests.

Seattle’s relationship with scooters (and bikesharing) has long been ambivalent. In 2020, two and a half years after banning scooters entirely, the city took a baby step forward by issuing permits to three companies for 500 scooters each. Since then, the city has expanded its scooter permits to allow each of three providers to put 2,000 scooters on the streets; Lime, which provides both e-assist bikes and scooters, has a fourth permit for a total of 2,000 bikes and scooters.

According to SDOT’s scoring matrix, Spin narrowly lost out to Bird, Link, and Lime after scoring slightly lower on two measures: Parking (which includes policies the company implemented to make sure people parked correctly and how it responded to improperly parked scooters) and “operations and equity,” which included a number of factors such as how the company responds to complaints and its efforts to place scooters in “equity areas” outside the center city, including southeast and far north Seattle.

According to the city’s scooter data dashboard, Wheels scored particularly poorly compared to other companies, including Spin, at providing equitable access to its scooters.

Veo, which operates like a scooter but is classified as a bicycle, poses what SDOT spokesman Ethan Bergerson calls “interesting questions” for the city. Unlike traditional scooters, Veo devices are legal on sidewalks; because they aren’t classified as scooters, they also occupy one of just three potential bikeshare permits, which could limit the number of shared e-bikes allowed on city streets in the future, if other companies decide they want to enter the Seattle market.

“The bike/scooter share landscape is very dynamic and has shifted considerably since the bike share program began in 2017,” Bergerson said, and now includes “more companies offering devices which combine some of the features of bikes and some of the features of scooters. … If this market trend continues, it may make sense to consider how to adjust our permits to reflect the changing technology and industry trends.”

2. The Seattle Public Library is ending its contract with the Downtown Emergency Service Center, which for more than five years has provided a part-time “community resource specialist” to connect patrons to food, social services, and shelter, and hiring its own social service specialists.

The new hires include an assistant managing librarian at the downtown branch to oversee the work; a new social services librarian who will “work with information staff to maintain current information and contacts, coordinate the Bus Ticket program, and act as a link between our regular information services and our Community Resource Specialists,” according to library spokeswoman Elisa Murray; and two new in-house community resource specialists, including one who will focus on outreach to youth and young people.

“While this new model doesn’t necessarily provide patrons more time with on-site staff, we do think we can maintain more partnerships with this model, which we hope will lead to increased opportunities for patrons to access the supportive services they need,” Murray said.

For years, libraries (including Seattle’s) have debated whether, and to what extent, library staffers should be responsible for connecting patrons not just to library materials, but to social services and resources outside the library’s direct control. By hiring staff to oversee some of this work, SPL is making a more direct investment in the the theory that libraries can and should do both.

3. A new independent expenditure group representing marijuana retailers, called People for Legal Cannabis, just filed with the Seattle Ethics and Elections Commission, reporting $16,000 in debt to the polling firm EMC Research. The group’s intent: To fight off potential legislation, first reported by David Hyde at KUOW, that would impose an additional sales tax on weed sales in Seattle. If the legislation, currently being floated by the United Food and Commercial Workers Local 3000, passes, the group could propose a referendum to overturn the law.

According to a presentation first posted on KUOW, which PubliCola obtained independently, the UFCW’s still-nascent proposal would impose a “cannabis equity tax” of 25 cents a gram on flower; $2.00 per half-gram of high-potency concentrates; and a penny per milligram of THC in everything else. The money would fund a paid “cannabis equity commission”; “workforce training” for cannabis workers; and a “cannabis equity fund” that would “prioritize the needs of those most impacted by the War on Drugs,” which locked up millions of Black and brown Americans for possessing and consuming weed. Continue reading “Seattle Shuffles Scooter Share Deck, Library Invests in Social Services, Campaign Forms to Fight Potential Cannabis Tax”

Controversial Officer Gets Short Suspension for Shattering Driver’s Window; Woodland Park Sweep Houses Four People; County Councilmember Dunn Votes “No” on Choice

1. Last month, Seattle’s Office of Police Accountability, which investigates allegations of officer misconduct, dismissed most of a complaint filed by a police lieutenant against SPD officer Andrei Constantin, who deliberately shattered the window of a car parked at a gas station while the driver and a passenger were inside. Of five allegations, including charges of retaliation and dishonesty, the OPA upheld only two—failing to document the smashed window and behaving unprofessionally. As a penalty, Police Chief Adrian Diaz issued an eight-day suspension.

If Constantin’s name sounds familiar, that’s because this isn’t the first time his actions have landed him in the press. In 2020, Constantin was outed as the person allegedly responsible for an anonymous Twitter account that, among other inflammatory statements, mocked victims of police violence, including George Floyd, promoted violence against protesters, and called for donations to a defense fund for a driver who killed a demonstrator on I-5 in the summer of 2020.

Since that controversy, police accountability watchdogs have unearthed at least four other OPA complaints against Constantin, many of them containing multiple misconduct allegations, in the last five years. Many of those resulted in referrals for training rather than suspensions or more serious punishment. The complaints identified on the website, a joint project of DivestSPD and Tech Bloc Seattle, included: Pulling over a driver without justification, pointing a gun at him, and handcuffing him; threatening to use his Taser on a man who was not being threatening; stopping a homeless Black bike rider and detaining him for nearly an hour because he wasn’t wearing a helmet; and a use-of-force allegation that the OPA hasn’t yet resolved.

According to the OPA report on this latest incident, Constantin saw a car parked at a gas station, ran driver’s plates and determined that the title to his car hadn’t been transferred when it was sold. When Constantin approached the car, the driver, who was Latino, got back in the car and rolled up the window, according to the report. At that point, Constantin “used a hard object to strike and shatter the driver’s side window” while the driver and a passenger were inside. In his own report on the incident, Constantin withheld the fact that he had smashed the person’s window.

A disciplinary action report recommending the suspension noted that Constantin had been disciplined for misconduct twice before. “[Y]ou did not have probable cause to arrest or any basis to engage in a vehicle pursuit. Despite this, you destroyed a community member’s property,” the report says. “That is an act akin to vandalism done under the purported color of law.”

2. The site of a longstanding encampment in Lower Woodland Park was quiet and mostly empty on Tuesday afternoon, save for a group of volunteers trying to start a vehicle and push it out of the park. Piles of pallets, tarps, and trash were the only evidence that dozens of people had been living on site for months, many of them as recently as a few hours earlier.

More than 95 percent of the Woodland Park encampment residents who accepted referrals from the HOPE Team were offered emergency shelter, not housing.

By 2pm, workers with the city’s Parks Department had surrounded most of the former encampment site with caution tape and posted large “PARK TEMPORARILY CLOSED” signs at the entrances to the area; parks employees stationed at the east end of West Green Lake Way asked drivers entering the area where they were going.

The city has spent five months doing outreach at the park and offering shelter beds to people on a “by-name list” of those who were living on site back in February. Since then, dozens more have arrived who were not on that original list, including at least some who moved to the park because they heard it was scheduled for a sweep, effectively unlocking city services that are not available at other encampments. The HOPE Team, run by the city’s Human Services Department, has exclusive access to about a third of the city’s shelter beds, which it offers to people living in encampments in the runup to sweeps.

According to Mayor Bruce Harrell’s office, the city’s HOPE Team made 83 offers of “shelter or housing” to people living in the park, including most of the people on the original 61-person list. Seventy-nine of those offers were for shelter; just four people moved into permanent supportive housing. Other than the four housing referrals, the city does not have data on how people actually enrolled in shelter.

The goal since the onset of this coordinated engagement was to ensure that everyone residing onsite received an offer of shelter and that the vast majority were  connected to the best-suited shelter and support services,” Harrell spokesman Jamie Housen said. As of Tuesday morning, the city had 42 shelter beds available for those who remained on site; 27 accepted referrals, including 20 referrals into tiny house villages run by the Low-Income Housing Institute. 

As always, people who receive “referrals” do not necessarily show up and stay at a shelter, and people who enroll in a shelter within 48 hours—”enrollments,” in the city’s nomenclature—do not necessarily stay there. (More on the HOPE Team’s low shelter enrollment rate here). And media reports, like this one, that claim dozens of people moved into “housing” are, at best, misleading, since more than 95 percent of the Woodland Park encampment residents who accepted referrals from the HOPE Team were offered emergency shelter, not housing.

One reason the city was able to offer so many shelter beds—particularly tiny house village spots, which are in high demand—is that they reserved spots specifically for this encampment removal; the referral rate is not representative of the number of beds available to the HOPE Team on a typical night, nor is it close to the number accessible to nonprofit outreach groups like REACH, which access shelter beds through a separate pool.

According to HSD spokesman Kevin Mundt, the Low-Income Housing Institute made about 30 of its shelter beds available to people living in Woodland Park, including 16 spots at tiny house villages.

The park will be closed until next Monday, according to Housen, so that Parks employees can “focus on returning the park to its intended use (access to recreation, hosting events and sports, and sustaining critical natural area).”

3. King County Councilmember Reagan Dunn, currently running as a Republican against Democratic US Rep. Kim Schrier in Washington’s 8th Congressional District, cast the lone “no” vote against a resolution supporting women’s right to choose and affirming the validity of the 1973 Roe v. Wade decision, which the US Supreme Court is poised to overturn. Even the council’s other Republican, Pete Von Reichbauer, voted to support the measure after several council members, including women and gay men, spoke passionately about their support for the right to abortion as well as other rights that could be threatened if Roe goes away, such as the right to same-sex marriage.

Dunn did not explain why he voted against the measure, which “declares [the council’s] support of a woman’s right to reproductive freedom and of Roe v. Wade as settled law of the land” and asks the health department to “actively enforce” existing law regulating so-called “crisis pregnancy centers”—sites run by religious groups that attempt to talk pregnant women into going through with their pregnancies.

Dunn, a moderate by contemporary Republican standards, is up against several more conservative primary-election challengers peddling conspiracy theories and touting their support for Trump. Still, his vote against a nonbinding pro-choice resolution places him out of the mainstream of Washington politics, and could alienate many voters in his district; Schrier, a Democrat, ran against anti-choice Republican Dino Rossi and won on an explicitly pro-choice platform.

Proposed Solutions to Crime Near Courthouse Focus on Symptoms, Not Causes

This post was originally published at the South Seattle Emerald.

By Erica C. Barnett

Last week, a 35-year-old man who had been released from jail less than one week earlier attacked a county employee in a women’s restroom at the King County Courthouse in downtown Seattle. The assailant, a Level 1 sex offender with a history of attacking women, is homeless and told detectives he had smoked “homemade meth” immediately before the attack. A police report filed after the incident indicates the attacker may suffer from mental illness.

The particulars of this case might lead a reasonable person to conclude that people who commit sex offenses need closer monitoring once they’re released from custody, along with access to housing and mental health care to prevent them from reoffending once they’re released.

Instead, the assault became a symbol for conservative officials, who suggested “solutions” that included sweeping dozens of homeless people from a nearby encampment and directing women to change the way they behave in public.

In a message that went out to all courthouse employees, the county suggested that employees who might be vulnerable to sexual assault could avoid being attacked by following a list of “tips… to enhance your personal safety and avoid potential trouble” while downtown.

The “personal safety tips” will be familiar to many women, who are often told that we must restrict our movements and remain hypervigilant in order to prevent our own sexual assault: Leave all personal belongings behind when you leave your car, or “if you must carry a purse,” hug it close to your torso; wear flat shoes and loose clothing that will allow you to run; don’t walk outside and take a security escort if it’s dark out; use underground tunnels to completely “avoid surface streets” downtown; huddle near buildings while waiting for crossing signals so no one can sneak up from behind; don’t use headphones or look at your phone; and avoid “shortcuts,” including “parks, parking lots, garages and alleyways.”

Telling women to live in terror is easier than teaching men not to be rapists. Telling homeless people to stop existing in public is easier than giving everyone a home.

I don’t remember the first time I was told to never walk to my car alone, to stay home at night, to keep my back against the wall, or to keep a key lodged firmly between my middle and index fingers in case I need to stab an assailant in the eye. I just know that I internalized the lesson that I can prevent my own sexual assault, and its corollary: If I’m assaulted, it’s because I did something “wrong.” I wore my purse on my shoulder, instead of clutching it to my chest with both arms. I listened to music instead of my surroundings. I didn’t identify every potential exit route. My female body was the problem, and I failed to follow all the restrictions imposed on its movements.

It’s a comforting idea, especially if you’re a policy maker who wants to shift blame from systems to individuals. If we can make women “safe” from assault by convincing them to move through the world in a certain way, there’s no need to address the larger question of why some men feel entitled to women’s bodies, or why the punishment for sexual offenses is, too often, incarcerating men and releasing them with no support system in place to prevent them from offending again. If we can identify the problem as “homeless people” rather than “homelessness,” the solution becomes much simpler: Make the people go somewhere else. Problem solved. Continue reading “Proposed Solutions to Crime Near Courthouse Focus on Symptoms, Not Causes”

State Goes on Offensive to Save Capital Gains Tax, Police Oversight Group Considers Candidate Forum, and Compassion Seattle Plays Victim

1. Washington State Attorney General Bob Ferguson filed a motion Tuesday seeking to have a Douglas County judge throw out two lawsuits against the capital gains tax. Ferguson argues in his motion that the plaintiffs filed the suits for political reasons and don’t have grounds to sue because they don’t know yet if they’d be subject to the tax.

The capital gains tax bill (SB 5096) imposes a 7 percent tax on profits of $250,000 or more from the sale of intangible financial assets, such as stocks and bonds. The bill would go into effect in 2022, but the state would not collect taxes until January 2023. Roughly 7,000 Washington taxpayers would be subject to the tax, which would generate $415 million for the state in its first year.

Three days after the legislature passed the bill, the Freedom Foundation, a conservative think tank, challenged the law in court. Less than a month later, former attorney general Rob McKenna, along with the Washington Farm Bureau, filed a second lawsuit against the bill. Both suits were filed in conservative Douglas County.

The lawsuits say taxing capital gains is unconstitutional because capital gains are property, and all property must be taxed at a uniform rate in Washington because of a 1933 state Supreme Court decision.

However, Democrats have argued that the capital gains tax is an excise (sales) tax, not a property tax, because it is triggered by the sale of financial assets.

Ferguson argued that the plaintiffs have asked the court to settle a political dispute, rather than a legal one, noting that they “are suffering no legal harm from the tax they challenge and ask this Court to issue a purely advisory political opinion.” He also argued that the lawsuits are preemptive and speculative, since the plaintiffs don’t know whether they’ll even have to pay the tax when it goes into effect in 2023.

The state Supreme Court is also hearing arguments for a lawsuit against the state’s 2019 bank business and occupation tax (HB 2167), which was also filed by McKenna. Washington State Solicitor General Noah Purcell argued at the court on May 25 that state law prohibits lawsuits against taxes until they have gone into effect. If the court sides with Purcell, the lawsuits against the capital gains tax might have to wait until state residents actually pay the tax, which wouldn’t be until 2023 at the earliest.

State Sen. Jamie Pedersen (D-43, Seattle) said that if the court dismisses the lawsuits, it will only delay the inevitable: having the state Supreme Court reviewing the law. Democrats want the court to review the tax because they believe the court would overturn the previous ruling declaring income a form of property, which would blow the doors open for an income tax.

The next hearing for the cases is set for July 13 at 10am, with Douglas County Superior Court Judge Brian Huber presiding.

2. The future of the Seattle Police Department is front-and-center in the upcoming elections, but some members of Seattle’s Community Police Commission (CPC)—the branch of the city’s police oversight system tasked with gathering community input on police reforms—are wary of wading into electoral politics.

Reverend Harriet Walden, the commission’s longest-serving member, also opposed the candidate forum. “It’s not part of our mission,” she said.

During the CPC meeting Wednesday, CPC communications director Jesse Franz described plans that are already underway for a general election forum that the CPC plans to co-host alongside a community organization involved in criminal justice reform, such as Choose 180 or Community Passageways.

But some prominent members of the commission pushed back on the plan. Suzette Dickerson, who will represent the CPC during contract negotiations with the Seattle Police Officers Guild next year, argued that hosting a candidate forum was outside the scope of the CPC’s responsibilities. From her perspective, the commission’s role is to be a sounding board for Seattle residents’ opinions on reforms to SPD; “stepping into the political arena,” she argued, would undermine public trust in the commission.

Reverend Harriet Walden, the commission’s longest-serving member, also opposed the candidate forum. “It’s not part of our mission,” she said, adding that she isn’t confident that the CPC would allow community groups opposed to downsizing SPD to have a voice in the forum. “I think that we’re headed down a path to help social engineer the defunding the police department,” she said.

The commission’s current leaders, however, supported the idea. “To me, holding a candidate forum seems within the scope of ensuring that the community is informed about what accountability may or may not look like, in particular candidates minds,” said CPC co-chair LaRond Baker.

Though the CPC can’t endorse candidates, the commission is not a neutral player in the police oversight sphere: It recommends reforms to SPD and Seattle’s police oversight system. Recent CPC recommendations have included a ban on tear gas and removing limits on the number of civilian investigators in the Office of Police Accountability. The success of those recommendations depends on the support of the mayor, the council, and the police chief, which gives the CPC a clear stake in the outcome of the election.

“Opponents have been using increasingly violent tactics against our signature collection teams,” the solicitation for funds claims. “We must persevere, and we need your help to ensure we reach 33,060 signatures by June 25.”

3. In a fundraising email Tuesday, the Compassion Seattle campaign, which is gathering signatures to get its charter amendment on homelessness on the November ballot, claimed that several of its paid signature gatherers have been attacked by people who oppose the initiative.

“Opponents have been using increasingly violent tactics against our signature collection teams,” the solicitation for funds claims. “We must persevere, and we need your help to ensure we reach 33,060 signatures by June 25.” Continue reading “State Goes on Offensive to Save Capital Gains Tax, Police Oversight Group Considers Candidate Forum, and Compassion Seattle Plays Victim”

City May Relinquish Control Over Homelessness Contracts; Surveillance Law May Not Cover Facial Recognition; No Plan Yet for Complaints Against 911 Dispatchers

1. After insisting for more than a year that the city needs to retain full authority over homeless outreach and engagement programs, the city has changed its mind, and will reportedly hand outreach over to the new King County Regional Homelessness Authority along with all the other homeless service contracts currently managed by the Seattle Human Services Department.

KCRHA director Marc Dones told outreach providers that their contracts would move to the new authority at a meeting on Wednesday, several who attended the meeting confirmed. Derrick Belgarde, the director of the Chief Seattle Club, said the belated change makes sense: Outreach “needs some separation from the HOPE team and their efforts.”

Previously, as we’ve reported, Durkan and HSD have argued for keeping outreach, and only outreach, at the city, on the grounds that the HOPE Team (formerly the Navigation Team) needs to have direct access to outreach workers who can connect people in encampments the city removes to shelter and services. The connection between the HOPE team and outreach workers was at the heart of the larger dispute over this year’s contracts, with providers arguing that the new contracts would place them at the “beck and call” of a team that serves as the vanguard for encampment sweeps.

The meeting, led by deputy mayor Tiffany Washington, was called to discuss changes to a set of proposed 2021 contracts that providers said were unacceptable; among other changes, the contracts the city originally sent providers would have required them to do outreach at encampments that the city planned to remove, regardless of whether the community or clients they serve (young adults or Native people, for example) were present.

The new contracts will revert to essentially the same language as the contracts providers signed in 2020. Provisions requiring outreach workers to be on site on the day of encampment removals will be stripped from the new contracts, and the city will greatly reduce the data reporting requirements that some providers found objectionable—eliminating the need, for example, for providers to give the city detailed daily reports on the people they encounter living unsheltered.

Belgarde said he was heartened by Dones’ and Washington’s emphasis on progressive engagement at encampments—focusing first on outreach, and then on more intensive case management, which is the point at which asking more personal questions is appropriate. “They seem to understand why you don’t do it” the first time you meet someone living at an encampment, he said. “It’s traumatizing. You can’t go out there with a pen and pad like you’re a lawyer or the police making notes.”

An HSD spokesperson would confirm only that the department is “in ongoing conversations with providers on a number of items, including what coordinated outreach looks like for both city and county shelter spaces and investments. Additionally, the City is already in conversations with the KCRHA about logistics for the transfer of contracts to the KCRHA. Our primary goal is supporting the ramp up of the authority. HSI will maintain outreach contracts through the end of 2021.”

2. After an investigation by Seattle’s Office of Police Accountability (OPA) into a Seattle police detective’s use of a controversial facial recognition software, OPA Director Andrew Myerberg sent a letter to SPD Interim Chief Adrian Diaz concluding that while the detective used the unapproved technology without permission, it’s unclear whether facial recognition is covered by the surveillance ordinance the city adopted in 2018.

The OPA launched an investigation into South Precinct Detective Nicholas Kartes’ use of Clearview.AI—an artificial intelligence software which bills itself as a kind of Google search for faces, using images scraped from the internet without their owners’ permission—in November, when a civilian watchdog obtained emails showing that Kartes had used the software several times since 2019. At the time, Myerberg told PubliCola that the investigation would hinge on whether Kartes used the software during a criminal investigation, which he said would constitute a clear policy violation and seriously undermine public trust in the department.

In his letter to Diaz on Wednesday, Myerberg wrote that Kartes used Clearview.AI’s search function roughly 30 times since 2019, including for an unclear number of criminal investigations; Kartes didn’t keep records of cases in which he used the technology, so OPA investigators weren’t able to assemble a complete list. According to investigators, Kartes did not inform his superiors that he was using the software. The OPA hasn’t said whether Kartes will face discipline for his use of the unapproved technology.

However, in his letter to Diaz, Myerberg wrote that the city’s surveillance ordinance, which requires city departments to seek the council’s approval of any surveillance technology it intends to use, defines “surveillance” too narrowly to include facial recognition—because software like Clearview.AI does not allow SPD to “observe or analyze the movements, behavior, or actions of identifiable individuals,” Myerberg argued, it may not be addressed by the law.

To deal with the gray area surrounding facial recognition technology, Myerberg recommended that Diaz either create a new surveillance policy that explicitly forbids the use of facial recognition software; he also suggested that Diaz could ask the city council to modify the 2018 surveillance ordinance to clear up any confusion about whether it applies to facial recognition software.

Myerberg’s letter to Diaz came just over a week after the Metropolitan King County Council voted to ban the use of facial recognition technology by county departments, becoming the first county in the nation to pass such a ban.

3. When Seattle’s 911 dispatch center left the Seattle Police Department last week, the OPA lost its jurisdiction over the roughly 140 civilian dispatchers who work in the center. And the new department—the Community Safety and Communications Center (CSCC), which the Seattle City Council hopes will eventually hold other civilian public safety agencies—hasn’t yet outlined a plan to handle misconduct complaints against dispatchers.

Though complaints against 911 dispatchers made up only a small portion of the OPA’s caseload, the unit faced roughly 30 to 40 complaints annually over the past five years. Among the most notable recent cases was a dispatch supervisor fired last year for assigning herself overtime to supplement her income despite being unqualified to answer emergency calls, and another dispatcher whom Interim SPD Chief Adrian Diaz fired in April for telling a Black caller that “all lives matter” during a call about a car break-in.

The OPA’s jurisdiction is set by city law; according to Myerberg, that law—Seattle’s Accountability Ordinance—only authorizes his office to investigate “potential acts of misconduct perpetrated by SPD employees,” which no longer includes 911 dispatchers. While Seattle’s Human Resources department could take on complaints for an additional 140 employees, Myerberg said that if the council or mayor want his office to continue handling complaints against dispatchers, the council will need to expand the OPA’s jurisdiction, which may also require bargaining with the dispatchers’ union.

PubliCola has reached out to CSCC Director Chris Lombard about his plans for handling misconduct complaints against dispatchers.

Still No Street Sinks, Pedersen Tone-Polices Council Colleague, No Discipline for Cop who Retaliated Against Whistleblower

1. The nearly year-old debate over street sinks for people without access to indoor plumbing boiled over at last week’s meeting of the city council’s homelessness committee, as Seattle Public Utilities director Mami Hara outlined some of the Durkan Administration’s many objections to providing cheap, accessible places for people experiencing homelessness to wash their hands.

As PubliCola has reported, the city council funded street sinks last November, with a goal of quickly installing more than 60 simple sinks at key locations around the city. Access to clean running water and soap—not just hand sanitizer, which the city is currently considering as an alternative to sinks—is essential to preventing the spread of communicable diseases such as shigella, hepatitis, and cryptosporidiosis, which have spread among Seattle’s homeless population since the COVID-19 pandemic led to the closure of most publicly accessible sinks last spring.

Six months later, there are still no sinks on Seattle’s streets. Instead, the mayor’s office, SPU, and the Department of Neighborhoods have expanded the scope of the funding to include food waste disposal, “options for accessing safe drinking water,” and new ways to “reduce illegal dumping and litter.” Last month, the city put out a request for proposals for a new “Seattle Water & Waste Innovation Pilot” with the goal of picking two or more contractors later this month.

Council member Teresa Mosqueda, who chairs the council’s budget committee, said the council’s budget directive wasn’t “to evaluate what kind of additional programs or services should be investigated … it was, how fast can we get these dollars out the door for very low-cost, already proven handwashing strategies. So I would like to ask…. where are the handwashing facilities and why is it taking so long?”

The city also needed to ensure that the sinks are “really durable and resilient against lots and lots of things that can happen to them,” SPU director Mami Hara said, and to make sure they don’t present “a tripping hazard or another hazard.”

Andres Mantilla, Durkan’s DON director, responded the city had expedited the grant application process to move more quickly than usual. Hara added that although the council might find it “counterintuitive when your’e trying to get things out quickly to consider public health requirements,” the utility has an obligation to think about people’s safety. For example, she said, people could “cross-contaminate” sinks with germs if the water isn’t “continuous, reliable, and adequate.” The city also needed to ensure that the sinks are “really durable and resilient against lots and lots of things that can happen to them,” Hara said, and to make sure they don’t present “a tripping hazard or another hazard.”

“The point isn’t to build super sinks and only be able to afford five of them; the point is to be able to get sinks out throughout the city so that folks [can] have access to running water.”—Councilmember Tammy Morales

“I understand the frustration—it’s like, ‘Let’s just put a sink out there,’ versus making sure that it’s done in a way that does not cause injury or harm to folks as well,” Hara said.

In response, Mosqueda pointed out that the city expedited temporary permits for restaurant owners to put tables on sidewalks in response to COVID, and council member Tammy Morales noted that while she was glad to hear that the executive branch now wants to open up the application process to small groups besides the Clean Hands Collective, such as mutual aid groups, “this work was intended to be out the door months ago and we are entering the fourth wave now of COVID.”

“The point isn’t to build super sinks and only be able to afford five of them; the point is to be able to get sinks out throughout the city so that folks [can] have access to running water,” Morales said.

2. Later in the same meeting, Morales addressed public commenters, saying they should direct their anger about ongoing sweeps of homeless encampments at the mayor’s office (which oversees encampment removals) rather than the council (which has adopted legislation opposing them). After following that comment with a number of calm but pointed policy questions, Morales got a dressing-down from Durkan ally Alex Pedersen, who suggested she was being rude to executive department staff.

“I just want to implore my colleagues to strive to treat our city government colleagues with respect and to not question their intentions,” Pedersen said, admonishing Morales to “take the temperature down and treat our colleagues with respect.” 

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Pedersen’s tone-policing comments prompted Mosqueda to jump in. Morales, she said, had been “respectful and in order,” and her questions were “very much appropriate for the situation that we’re in—a year into the pandemic, when the CDC has continued to say that we should not be sweeping people if we had no alternative non-congregate options available.” We’ll have more on the state of outreach and encampment removals this afternoon.

3. Two officers who filed a complaint against Navigation Team director (and former SPD lieutenant) Sina Ebinger subsequently complained that a friend of Ebinger’s followed them in her police cruiser, cut them off, and threatened them with professional retaliation after Ebinger lost her assignment on the team, a newly released Office of Police Accountability case file reveals. Continue reading “Still No Street Sinks, Pedersen Tone-Polices Council Colleague, No Discipline for Cop who Retaliated Against Whistleblower”