Category: Morning Fizz

Emails Reveal Durkan’s Role in Canceling CHOP Anniversary Event; Surveillance Law May Soon Cover Facial Recognition Tech

1. When the city initially denied a permit for a June event celebrating the art of the Capitol Hill Organized Protest (relenting at the last minute after the ACLU of Washington threatened to sue), the department said it did so because of an “emerging concern” that any event commemorating CHOP could be “disturbing or even traumatic” to community members.

At the time, a spokeswoman for the Parks Department told PubliCola, “We will not be issuing a permit for this event as we have heard from community members expressing concerns that any events celebrating or commemorating the events that occurred at Cal Anderson in summer of 2020 would be disturbing or even traumatic to the community.”

But emails PubliCola obtained through a Parks Department records request reveal that this “emerging concern” consisted of emails from a relative handful of individuals, mostly people suggesting that an anniversary event would lead to graffiti, vandalism, and crime in the park. Three of the emails from members of the public mentioned trauma as a concern.

The emails also suggest that the mayor’s office wanted to deny the permit from the beginning, and landed on a number of different justifications for doing so before the city ultimately landed on “community concerns” as the official reason. (The mayor’s office has not provided records yet in response to a similar request.) In addition to the concern about community “trauma,” the mayor’s objections, as Parks staffers described them, included, at various time, concerns about COVID-19 protocols, the impact of closing down a street for the event, and the “safety and security” of people in the area.

According to the emails, Durkan’s office began raising concerns about the CHOP Arts event as far back as early May, and met with high-level staff in several departments on May 20 to discuss the event. Parks staffers came away from the meeting with the impression that the mayor’s office wanted them to deny permits for the event, and any event related to the anniversary of CHOP, because of the association with last year’s protests alone.

Durkan’s chief of staff, Stephanie Formas, confirmed that she convened the meeting. Her message to department leaders, Formas told PubliCola, was “We’re not permitting an official city event that violates the Governor’s order, shuts down multiple blocks of the City for a block party celebrating CHOP, and could be a security and safety concern if there’s permitted and unpermitted events occurring at the same time with thousands of people.”

Organizers did change their plans for the event several times, but the final version of the application, which Parks had received by June 4, did not propose blocking off any streets.

Formas suggested that COVID protocols were the mayor’s primary concern at the time.

“In mid-May, we were in the midst of planning for special events permits for May and June and planning for expected unpermitted protests around downtown and Cal Anderson,” Formas said. “We understood that there would likely be many unpermitted protests and marches downtown and on Capitol Hill, which did in fact occur, and we were planning for allowing permitted events that met the Governor’s restrictions. So ultimately the question was how do we balance COVID-19 safety and security of both planned and unpermitted events.”

Emails between parks employees, however, suggest that Durkan’s main concern was that the city shouldn’t appear to be acknowledging or commemorating the anniversary of CHOP, a long-term protest zone that formed around the Seattle Police Department’s East Precinct after SPD abandoned the precinct amid protests against police violence last summer. The incident became a significant embarrassment for Durkan and the police department, which refused to say who gave the order to abandon the precinct; reporters at KUOW unravelled that story earlier this month.

The Parks Department came away from the meeting with Formas believing that the mayor’s direction was clear: Avoid permitting any event associated with CHOP, period.

For example, on May 20, the Parks Department’s recreation division director, Justin Cutler, wrote in an email to Parks staff that “the Mayor’s Office has given direction that we are not to permit events at Cal Anderson at this time. More specifically any event that would be celebrating CHOP.”

In a May 20 email to parks staffers about upcoming events in Cal Anderson Park, Parks Commons Program director Randy Wiger described the CHOP Arts event as “canceled as per mayor.”

In a Powerpoint distributed on May 23, the CHOP Arts event is “X”d off a list of upcoming events in Cal Anderson Park; the document cites ‘New direction from Mayor’s Office’ as the reason.

And on June 3, Wiger reiterated on a different email chain that “the direction from the Mayor’s Office is ‘no celebration of the CHOP zone.'”

The CHOP Arts event, which organizer Mark Anthony described as a kind of “Black renaissance fair,” went ahead as scheduled on the weekend of June 11. It did not result in a new protest zone.

2. On Monday, Seattle City Councilmember Lisa Herbold introduced a clerk file—a type of clarification for earlier legislation—that would designate facial recognition as a form of “surveillance technology,” closing a loophole in the city’s surveillance regulations that came to light after a Seattle police detective used an unapproved facial recognition software in at least 20 criminal investigations.

The bill would augment Seattle’s three-year-old surveillance ordinance, which requires the council to approve surveillance technologies before a city department can put them to use. When the council passed the ordinance in 2018, they defined surveillance as any method of tracking or analyzing the “movements, behavior, or actions of identifiable individuals.”

In November 2020, the Office of Police Accountability (OPA) investigated South Precinct Detective Nicholas Kartes for using the controversial facial recognition software Clearview.AI without his supervisors’ knowledge. In his defense, Kartes argued that the surveillance law does not cover facial recognition. Continue reading “Emails Reveal Durkan’s Role in Canceling CHOP Anniversary Event; Surveillance Law May Soon Cover Facial Recognition Tech”

Fact-Checking Pro-Harrell Mail, Poll Tests Arboreal Opinions, Union’s Role at Homeless Authority Still Unclear

1. The King County Regional Homelessness Authority’s governing board approved a bare-bones initial staffing plan for the agency on Thursday, but not before a lengthy conversation about the future of labor unions at the new agency—and the future of city employees who currently do the work that’s supposed to move over to the authority next year.

The city’s Homeless Strategy and Investment division, which is part of the Human Services Department, is currently represented by the PROTEC17 union, which also represents county human services workers. KCRHA director Marc Dones has said that they want to hire a whole new team for the agency, and that anyone at the city who wants to keep doing their current work will need to apply for the open positions just like everyone else. Dones has also said that although they support unions in general—saying on Thursday, for example, that “we would be delighted to have one or more unions represent our staff”—union reps and at least one city council member want more reassurances.

On Thursday, Seattle City Council president Lorena González told Dones that the law the city passed agreeing to join the new authority requires “a plan for transitioning staff positions to the new authority.” 

Shaun Van Eyk, the labor representative for PROTEC17, told PubliCola that the union wants any succession plan (an agreement that gives the union the right to represent anyone at the new authority who job falls within the “body of work” that existing union-repped employees are already doing) to include a right of first refusal for employees who remained at their city jobs even as the city repeatedly pushed their layoff dates forward. Although permanent HSI employees have been assured jobs elsewhere in the city, many of the jobs in the division are currently filled by long-term temporary workers, who have no job guarantee once the division shuts down.

“Marc has the ability to not only acknowledge PROTEC17 as the exclusive bargaining representative for those bodies of work, but to offer a right of first refusal for those folks doing that work currently,” Van Eyk said. “Part of my duty in this role is to advocate for our members [who have been] keeping the work going, especially with the delays.” The authority is currently about seven months behind schedule, and it’s far from clear that it will be prepared to take over hundreds of contracts from the city’s homelessness division in January as planned.

The larger question is how the new authority, and Dones in particular, will work with organized labor. King County Executive Dow Constantine appeared unnerved enough by the conversation about succession to add, “If I could just be completely frank, it is unlikely, approaching a zero likelihood, that the county or the city would fund a non-union successor to its union operations. That seems inconceivable.”

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2.  A flyer promoting mayoral candidate Bruce Harrell that arrived in voters’ mailboxes last week included what looked like an unusual disclaimer: “No corporate money paid for this mail piece. Hundreds of local residents gave their own personal money to send you this message.” The mailer, produced by an independent expenditure group called Bruce Harrell for Seattle’s Future, says Harrell, who played for the Huskies, will “go on the offensive to move Seattle forward.”

The claim is a stretch. While Bruce Harrell for Seattle’s Future is funded by individual donors, the top donors to the IE are employed by, or in charge of, corporations with billions in assets and a huge vested interest in pro-business policies. Among the biggest contributors: Goodman Real Estate CEO George Petrie and his wife, Alyssa ($100,000); Hunters Capital owner Michael Malone and his wife, Barbara ($25,000); and retired seventh-generation banker Joshua Green III ($10,000).

In fact, the top seven employers of people who contributed to Bruce Harrell for Seattle’s Future (after “not employed”—people who listed their occupation as “retired” or “homemaker,” many of them formerly in real estate or married to real estate bigwigs, made up $98,000 of the group’s approximately $300,000 in contributions) were real estate firms, accounting for $117,750 of the group’s total contributions. So while it’s true that the people who gave money to the pro-Harrell group are “individuals,” their interests could hardly be more corporate if they were writing checks from their company accounts.

Finally: The IE campaign doesn’t have contributions from “hundreds of local residents”; it doesn’t even have 100 contributions, much less 100 from Seattle. About a third of the 79 donors listed at the Public Disclosure Commission live outside city limits, mostly in Eastside suburbs.

3.  An odd new online poll goes far beyond election questions, asking respondents about everything from their support for a future Seattle-only light rail measure to earthquake safety along I-5 to detailed questions about the city’s tree canopy. It’s unclear who’s behind the poll, but the specific issues it highlights dovetail with priorities articulated by council members Lisa Herbold (using bonds to fund bridge maintenance over bike lanes and sidewalks) and Alex Pedersen (bridge money, plus restricting development by preventing tree removal on private property.) Continue reading “Fact-Checking Pro-Harrell Mail, Poll Tests Arboreal Opinions, Union’s Role at Homeless Authority Still Unclear”

Public Safety Fizz: “Less-Lethal” Weapons Restrictions Move Forward, Heat Wave’s Impact on Prisons Examined, County Searches for New Police Oversight Head

The Monroe Correctional Complex in Snohomish County (Flickr: Brewbrooks; Reproduced with a Creative Commons License)

1. The Seattle City Council’s public safety committee voted out the latest version of legislation limiting the Seattle Police Department’s use of ‘less-lethal weapons’ on Tuesday, sending the embattled bill to the full council with a ‘do pass’ recommendation. If adopted, the bill would prohibit SPD from using five ‘less-lethal’ weapons, including blast balls, and place new restrictions on officers’ use of tear gas, pepper-ball launchers and pepper spray.

Last summer, the council passed an ordinance that would have prohibited police officers from using tear gas, pepper spray, blast balls and other ‘less-lethal’ weapons for crowd control.

After the US Department of Justice warned that the bill might lead officers to resort to more serious uses of force to control protests, Federal District Court Judge James Robart—who oversees reforms to SPD as part of an ongoing agreement between the US Department of Justice and the city of Seattle known as the consent decree—issued a temporary restraining order preventing it from taking effect. The version of the bill that passed on Tuesday reflects months of input from Seattle’s police oversight bodies, the DOJ, and the monitoring team appointed by Judge Robart to act as the eyes and ears of the consent decree.

Responding to the monitoring team’s concerns that the original bill would prevent officers from targeting small groups of people committing acts of violence at protests, the new bill outright bans less-targeted weapons such as blast balls and ultrasonic cannons while allowing officers to use more targeted weapons against individual people. The ordinance would also allow SPD to use pepper spray and tear gas to move crowds when twelve or more people in the crowd are engaging in violence—a legal standard that SPD might be able to skirt because of the difficulties of measuring the scale of violence within a crowd after the fact.

Although the committee voted to send the bill to the full council, that won’t happen immediately. Instead, Herbold opted to wait for the results of a hearing before Judge Robart on August 10 to review Seattle’s compliance with the consent decree, giving the council an opportunity for the council to hear more feedback on the bill.

2. Washington’s Office of the Corrections Ombuds (OCO), the oversight agency for the state’s Department of Corrections, issued a brief report on Tuesday describing conditions inside the Monroe Correctional Complex in Snohomish County during the record-breaking heat wave two weeks ago.

Meanwhile, the DOC is also preparing to address Washington’s falling prison population—4,000 empty beds statewide, and a more than 50 percent decline in new prisoners since last year—by closing some units.

An OCO staffer who visited the prison on June 28 found substantial differences between conditions in the four different units they visited. In the prison’s Intensive Management Unit, temperatures in hallways remained below 80 degrees; in contrast, the investigator, Matthias Gydé, found cells in the Twin Rivers Unit, which houses more than 800 people, in which some surfaces reached nearly 100 degrees.

The unit-to-unit variations in temperature were partially the result of inconsistent cooling systems across the prison system. The Intensive Management Unit is outfitted with an HVAC system, whereas the Twin Rivers Unit relies on a vent that pumps air from the building’s roof to cool its common areas and cells. Gydé also noted that the Twin Rivers Unit’s skylights and cell windows contributed to the high temperatures. The DOC relaxed rules to allow inmates to cover their windows, but the skylights in the building’s common areas remained uncovered during the heat wave. Continue reading “Public Safety Fizz: “Less-Lethal” Weapons Restrictions Move Forward, Heat Wave’s Impact on Prisons Examined, County Searches for New Police Oversight Head”

Three Libraries to Cut Restroom Hours, Protesters Halt Removal of Garden at Jimi Hendrix Park

The Northwest African American Museum and Jimi Hendrix Park on Thursday. Photo by Paul Kiefer

1. Restrooms at three Seattle Public Library branches—Ballard, Capitol Hill, and the Central Library—that have will be open to the public fewer hours beginning July 21, a loss of access that will largely impact people experiencing homelessness in those neighborhoods. Most library branches have reopened on a limited basis, in many cases just two or three days a week.

In response to widespread restroom closures during the pandemic, the city’s library system opened restrooms at five branches from 10am to 6pm seven days a week last April; the goal, according to Mayor Jenny Durkan, was to provide “additional vital hygiene resources to people living unsheltered.” Now, restrooms will only be available when the libraries themselves are open; currently, all three libraries are open limited hours, meaning that restrooms will be closed at times when they used to be available.

The parks department confirmed that police do routinely accompany them to encampment removals “any time there are safety concerns during their work.”

The impact will be the greatest at the Capitol Hill branch, where people will no longer have access to restrooms on Tuesdays, Wednesdays, Fridays, Saturdays and Sunday mornings from 10 to noon. In Ballard and at the central library downtown, restrooms will now be closed on Sundays and Mondays. 

Library spokeswoman Laura Gentry said daily access to library restrooms “was always meant to be a temporary standalone service until we could provide more restroom access through reopening libraries. Now that city and state COVID-19 restrictions are being dropped, more restroom options have become available to the public, and many more Seattle libraries are reopened, we believe it’s important to focus Library staffing efforts on reopening the last of our closed neighborhood libraries and supporting pre-pandemic service levels and hours.”

To library users who haven’t been able to go to their local branches in more than a year, accessing local libraries even two days a week will be an improvement. But to people living unsheltered who rely on regular restroom access at the three branches where hours are shrinking, the existence of open restrooms in other neighborhoods is surely a cold comfort.

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We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different: We’re funded entirely by reader contributions—no ads, no paywalls, ever.

So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

2. Signs that appeared around Jimi Hendrix Park near the Northwest African American Museum announcing that the city planned to come in and remove any belongings that remained on site yesterday morning had nothing to do with the longstanding protest encampment in front of the museum, a Seattle Parks Department spokeswoman said Thursday. Protesters showed up at the museum and blocked the entrance after word went around on social media about a potential sweep.

Instead, Parks showed up Thursday morning to dismantle a garden shed and remove a garden planted by Black Star Farmers, a group of land activists who established their first garden in Cal Anderson Park during last summer’s Black Lives Matter protests. Continue reading “Three Libraries to Cut Restroom Hours, Protesters Halt Removal of Garden at Jimi Hendrix Park”

Panel Can’t Tell if Cop Uttered Slur; Three Months In, Just 10 Have Moved to Rapid Rehousing from Hotel Shelters

1. The two hotels that the city belatedly rented out to serve as shelter during the COVID-19 pandemic have been in service for a little over three months of their ten-month contracts with the city. In that time, they have moved a total of 15 people into some form of permanent housing, according to the city’s Human Services Department—about 6 percent of the 230 people the city planned to cycle through around 200 hotel rooms over the life of the contracts, primarily through rapid rehousing rent subsidies.

According to a spokesman for the Human Services Department, 13 people have moved into permanent housing from the 139-room Executive Pacific Hotel, operated by LIHI on a $3.1 million contract; 10 of those received rapid rehousing subsidies. Two people have moved out of the 58-room King’s Inn, operated by the Chief Seattle Club on a $3.1 million contract, into permanent housing .

In the context of homelessness, “permanent housing” refers to the type of housing, not the length of a subsidy; rapid rehousing subsidies, for example, can last up to 12 months, but the market-rate apartments they help pay for are called “permanent” to differentiate them from transitional housing or shelter. Permanent housing can include everything from long-term supportive housing to moving in with relatives.

Both shelters include rapid-rehousing programs, which the city is funding through separate 10-month contracts. Chief Seattle Club runs its own rapid rehousing program at the hotel, at a cost of just over $800,000, and LIHI is working with Catholic Community Services, which has a $7 million contract.

“We anticipate the number of rapid rehousing enrollments to increase as people at these hotels have time to stabilize and Chief Seattle Club’s RRH program ramps up.”—Human Services Department spokesman

According to the HSD spokesman, “Chief Seattle Club case managers are working with participants to identify the best housing solution. … As with any brand new shelter, it takes time for the program to ramp up, clients to stabilize, and for people to find housing solutions that work best for them. This is why the program was designed for 10 months to allow time for individuals to connect with the best resources–whether it is rapid rehousing, diversion, or the permanent housing solutions coming online. We saw this play out at the Navigation Center when it opened. We anticipate the number of RRH enrollments to increase as people at these hotels have time to stabilize and Chief Seattle Club’s RRH program ramps up.”

When the city started intensifying encampment sweeps earlier this year, it used COVID vulnerability criteria to move people from encampments into the Executive Pacific Hotel. This has resulted in a population that faces more barriers to housing than the unsheltered population as whole, and thus less likely to succeed in rapid rehousing, which requires participants to earn enough income to afford a market-rate apartment within a few months to a year.

As a last resort, the OPA assembled a 13-person panel for a blind study. None of the panelists heard the n-word after listening to the recording for the first time, and only five heard the slur after investigators revealed the allegations against Zimmer.

LIHI director Sharon Lee told PubliCola last month that “the majority” of people living at the hotel “are not candidates for rapid rehousing.” The Chief Seattle Club did not immediately respond to a request for comment.

2. Neither an outside audio expert nor a 13-person panel could conclusively tell Seattle’s Office of Police Accountability whether an officer called a man the n-word during a 2020 DUI arrest.

The OPA’s investigation into whether Seattle Police Officer Jacob Zimmer used the racial slur hinged on a single, hard-to-discern word captured on Zimmer’s body-worn video during the arrest. According to the original OPA complaint, Zimmer commented that the man was a “tall-ass n—-r.” Continue reading “Panel Can’t Tell if Cop Uttered Slur; Three Months In, Just 10 Have Moved to Rapid Rehousing from Hotel Shelters”

Wading Pools Closed, Cop Who Used Facial Recognition Software Gets Slap on Wrist, Durkan Orders City Workers Back to the Office

1. In addition to shutting down the spray park at the Ballard Commons—a story first reported by My Ballard on Friday—the Settle Department of Parks and Recreation confirms that 11 of the city’s 22 wading pools will also be closed all summer due to “budgetary and staffing impacts from the pandemic,” according to a spokeswoman for the department.

The Ballard spray park is located in the middle of a large encampment that has persisted despite sweeps by the city and the repeated installation of hostile architecture designed to deter sitting and camping at the Ballard library branch next door. “Because of health and safety concerns of Seattle/King County Public Health and our own Safety Office regarding ongoing encampments and other activities at Ballard Commons Park, we regretfully decided not to operate the spraypark there this summer,” the Parks spokeswoman said. “No other SPR sprayparks are closed this year.”

During last week’s historic heat wave, city-run options for people living unsheltered to escape the weather were limited to some library branches, a handful of senior and community centers, and a cooling center at Magnuson Park. Amazon opened its own headquarters as a cooling center for up to 1,000 people last Monday, but required ID at the door—something many unsheltered people don’t have.

2. Interim Seattle Police Chief issued a one-day suspension for a South Precinct detective who used an unapproved and controversial facial recognition technology to search for suspects in criminal investigations.

According to Office of Police Accountability investigators, Detective Nicholas Kartes opened an account with 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 the fall of 2019.

Over the following year, Kartes used the program to search for suspects in ten SPD cases and approximately 20 cases from other law enforcement agencies. His searches returned one match—a possible suspect in a case under investigation by a different agency—though Kartes didn’t keep records of his searches or inform his supervisors that he was using the software. Kartes told investigators that he had informed his counterpart at the other agency that the found the match using Clearview.AI; he did not know whether his counterpart used the evidence to bring charges.

In 2020, the office investigated Kartes for using a personal drone to take photos of the house of a suspect in an ATM theft investigation, and for suggesting that his colleague lie about the source of the photos.

Kartes argued that facial recognition software like Clearview.AI doesn’t qualify as “surveillance technology,” as defined by the surveillance ordinance passed by the Seattle City Council in 2018, because the ordinance only addressed technologies used to track the “movements, behavior or actions of identifiable individuals.” SPD policy doesn’t prohibit officers from using facial recognition technology; in fact, SPD’s policy manual is silent on the issues raised in the surveillance ordinance.

OPA Director Andrew Myerberg concluded that Kartes hadn’t clearly violated any law or department policy, though he advised Diaz and the City Council to close the loophole as quickly as possible. Instead, Myerberg ruled that Kartes violated SPD’s professionalism policies.

This is not Kartes’ first brush with the OPA over the issue of surveillance. In 2020, the office investigated Kartes for using a personal drone to take photos of the house of a suspect in an ATM theft investigation, and for suggesting that his colleague lie about the source of the photos. In that case, Kartes told investigators that he was unaware of the surveillance ordinance, though after he familiarized himself with the law, he argued that his use of a drone to photograph the outside of a house wasn’t technically “surveillance” as defined in the ordinance.

“We know that while many of you have grown accustomed to teleworking during this time, in-person interactions are important to our work culture and employees’ wellbeing by creating opportunities for relationship building, collaboration, and creativity,” Durkan wrote.

Instead of disciplining Kartes, Myerberg recommended that SPD send a reminder to officers about the contents of the surveillance ordinance and directed Kartes to receive re-training. By the time Kartes received retraining from his supervisor, the OPA had already begun investigating his use of Clearview.AI.

3. Now that the state is officially out of COVID lockdown, Mayor Jenny Durkan wants city employees to come back to the office. In an email to city staff on Friday, Durkan said that all employees will “return to the office in some capacity” by September 12, unless they get special approval for an alternative work arrangement (AWA, because everything has to have an acronym) from the city. Continue reading “Wading Pools Closed, Cop Who Used Facial Recognition Software Gets Slap on Wrist, Durkan Orders City Workers Back to the Office”

Mega Campaign Fizz: Compassion Seattle, Mayoral Money News, González Polls on Homelessness, and Much More!

1. Compassion Seattle, the group backing an initiative that would require the city to divert funds from other purposes to pay for 2,000 shelter beds in order to “clear” parks for housed people to use, announced Thursday that it had collected 64,155 signatures—about twice as many as the number of valid signatures the campaign needs to get the measure on the November ballot.

Even in victory, the campaign claimed to be the victim of “harassment, theft of petitions, assault and significant time delays”—claims it has made in multiple emails to supporters. The campaign did not immediately respond to questions about the incidents, including a request for case numbers in the event that they reported any of the alleged crimes to Seattle police.

UPDATE: In response to PubliCola’s questions, Compassion Seattle provided a list of eight incidents involving signature gatherers. Six involved people ripping clipboards out of people’s hands or destroying signature sheets. The remaining two examples were more dramatic; in one case, someone threw a garbage can at the signature gatherer, and in the other, a woman was “harassed and pushed down” on Capitol Hill.

2. Mayoral candidate Andrew Grant Houston received permission from the Seattle Ethics and Elections Commission on Thursday to raise money beyond the legal maximum under Seattle’s democracy voucher program, which limits mayoral campaign fundraising to $400,000 in the primary election. Houston argued (and the commission agreed) that mayoral candidate Bruce Harrell has already exceeded the cap through his own fundraising and that of a political action committee organized on his behalf.

Under city election law, any candidate who has maxed out on campaign spending or fundraising, unless the excess is “minor” or “inadvertent,” can seek a release from the cap as soon as another campaign, or the combination of a campaign and an independent expenditure (IE) campaign acting on the candidate’s behalf, has busted through the cap.

Because IE campaigns can raise and spend unlimited dollars from any source, IE fundraising routinely provides leads to a campaign fundraising free-for-all. Houston’s release from the cap will trigger other candidates who have reached the fundraising limit to seek similar permission to raise and spend more money, effectively neutralizing rules adopted by initiative in 2015 aimed at limiting the impact of money on elections. The initiative, known as Honest Elections, created the voucher program, which gives $100 to every Seattle registered voter to spend on the candidate or candidates of their choice; it also imposed a number of campaign-finance rules, including new contribution and spending limits.

During the 2019 election, the campaigns for city council candidates Jon Grant and Teresa Mosqueda, including a pro-Mosqueda PAC, raised and spent more than $1 million despite a total “campaign valuation” (fundraising) limit of $300,000. Similarly, spending on behalf of successful mayoral candidate Jenny Durkan totaled well over $2 million, despite a formal cap of $800,000.

Ultimately, the only thing that will stem out-of-control spending is a court ruling overturning or limiting the impact of Citizens United, the Supreme Court ruling that effectively barred limits on campaign spending by corporations and interest groups. Limiting spending by candidates but not committees, commission chair Richard Shordt pointed out Thursday, would limit the “voices” of “the thousands of Seattleites who are using their democracy vouchers” to support campaigns.

3. An online poll—apparently conducted on behalf of mayoral candidate Lorena González’s campaign—tested messages for and against the candidate in a hypothetical election between González and her former council colleague Bruce Harrell, who is currently the presumptive frontrunner.

The poll, which focuses on homelessness, describes González as a former civil rights attorney who was inspired to run “after watching Jenny Durkan give big corporations too much say in city government, side with the police union when cops tear-gassed Seattleites, and let the homelessness crises get worse”; it describes Harrell, more generically, as a former council president who “has the experience and skills to unite our city.” Continue reading “Mega Campaign Fizz: Compassion Seattle, Mayoral Money News, González Polls on Homelessness, and Much More!”

Lawsuit Against SPD Highlights OPA Concerns with Police K-9s; Inslee Extends Eviction Moratorium

1. A woman who was attacked by a Seattle Police Department dog during a training exercise in January 2020 filed a lawsuit against the city last week. While the attack was accidental, the incident is the latest in a string of missteps by SPD’s K-9 units that have put the risks of using police dogs on display—including a 2018 incident involving the same officer implicated in the new lawsuit.

On a soggy Thursday last January, Valerie Heffernan spent her break under an umbrella in a nondescript Tukwila parking lot. Earlier in the day, SPD officers had set up a training course for K-9 dogs that ran through the same parking lot—unbeknownst to Heffernan.

Around a corner from where she sat, Officer Anthony Ducre led a police dog named Jedi along the track on a long lead, losing sight of the dog when it rounded a corner. There, Jedi found Heffernan and, acting on training, immediately attacked her. When medics arrived, they brought Heffernan to Valley Medical Center to treat a serious bite wound in her thigh.

Ducre’s record as a K-9 officer has raised eyebrows among Seattle’s police oversight in the past and had already prompted changes to the department’s police dog policies.

In 2018, Ducre tried to stop a pair who he suspected of stealing a car. The duo were walking up a driveway—away from Ducre—when he stepped out of his cruiser and ordered them to turn around, threatening to release his dog if they didn’t obey. When the two didn’t respond, Ducre shouted at them to drop to the ground.

By the time they complied seconds later, it was too late: Ducre set his dog loose, and it immediately attacked them as they lay on the pavement.

OPA DirectorMyerberg also took the opportunity to recommend two changes to SPD’s policies on the use of police dogs.

In a subsequent interview with Office of Police Accountability (OPA) investigators, Ducre falsely claimed the pair had attempted to “escape” arrest and posed a threat to (nonexistent) bystanders; he also claimed that he had tried to de-escalate the encounter by standing behind the door of his patrol vehicle. In a ruling released in 2019, OPA Director Andrew Myerberg determined that Ducre had, in fact, spent almost the entire 13-second interaction running towards the pair while shouting commands and threatening to release a police dog—the opposite of de-escalation.

Myerberg also questioned whether Ducre had probable cause to conduct the stop in the first place, given the shaky evidence linking the two individuals to the car theft; regardless, Myerberg noted that, according to federal case law, unleashed police dogs are only appropriate weapons when pursuing armed suspects linked to a violent crime—not suspected car thieves.

Ducre received a two-day suspension for failing to de-escalate and using force inappropriately. Myerberg also took the opportunity to recommend changes to SPD’s policies on the use of police dogs: among others, that “a fleeing subject does not, by itself, provide a justification to use a canine.”

But while investigating the first incident, Ducre’s sparked yet another OPA investigation after he released a police dog to attack another car theft suspect, who was hiding in a bush.

In that investigation, Ducre claimed that using his dog against a hidden suspect—who, he argued, could have been armed—was consistent with his training. Myerberg agreed, concluding that the K-9 unit’s commanders were to blame for training officers to use police dogs inappropriately, so Ducre could not be held responsible.

“It appears to OPA that the K-9 unit’s chain of command consistently falls back on the defense that their officers’ actions were consistent with the training provided to the unit,” he wrote. “However, if the unit is providing training that is inconsistent with law or that is resulting in out of policy uses of force, this is a significant problem.”

While SPD later adjusted its K-9 policies, a 2020 audit by Seattle’s Office of the Inspector General (OIG) found that the department’s policy revisions included notable flaws, including ambiguity about whether officers can use police dogs at protests.

But Heffernan’s lawsuit points to additional problems in the training program for the police dogs themselves. According to the OIG audit, SPD doesn’t have a reliable, secure off-leash training area for police dogs; instead, handlers use ad hoc agreements with property owners to find places to train dogs.

Since 2015, the OPA has investigated 10 allegations of excessive force by K-9 officers involving dog bites, six of which led to discipline, re-training, or policy revision.

2. Governor Jay Inslee has extended the state’s eviction moratorium, originally set to expire at the end of this month, to September 30, giving tenants more time to get back on their feet following the pandemic and allowing counties to get eviction protections in place.

The governor’s extension prohibits landlords from evicting a tenant for rent that went unpaid between February 29, 2020 and July 31, 2021. Under the extension, landlords will not be allowed to evict tenants until a rental assistance program and an eviction resolution program is in place.

“We’re putting a bridge into place until these funds are actually available and until protections are actually up and running.”—Governor Jay Inslee

Starting August 1, renters will need to start paying their full rents again unless they have previously negotiated a payment plan with their landlord or are in the process of getting rental assistance. Landlords will be able to evict tenants for non-payment beginning August 1, but will first need to offer a repayment plan.

To prevent a wave of evictions and a sharp increase in homelessness, the legislature passed several housing bills over the last session to ease Washington out of the original moratorium, including providing rental assistance to landlords and tenants and guarantying legal representation to a tenant in eviction court (SB 5160).

“We’re putting a bridge into place until these funds are actually available and until protections are actually up and running,” Inslee said at a press conference on Thursday.

The governor’s decision comes after President Biden announced he would be extending the federal eviction moratorium another 30-days and after the city of Seattle declared it would extend its eviction moratorium to September 30.

Over the course of the pandemic, tenants have accrued more than $1.1 billion in rent debt. The state has not outlined plans to cancel rent debt, only to distribute rental assistance. So if a tenant is unable to go back to paying their full rent on top of paying back their rent debt, they may end up evicted as soon as their county gets rental assistance and begins resolution programs. Roughly 220,000 Washington households predict they won’t be able to make rent his month, according to Census data.

Intruders Halt City’s Shelter Plans; Compassion Seattle Calls Opponents “Disingenuous” Liars

1. The city’s plan to move about 40 people living temporarily at Seattle Center’s Exhibition Hall into a longtime shelter nearby has hit a snag.

Intruders have repeatedly broken into the Seattle City Light-owned building, formerly the site of DESC’s 100-bed Queen Anne Men’s Shelter, while it has been unoccupied during the pandemic. The break-ins include at least two incidents that resulted in calls to the Seattle Police Department.

The building was supposed to reopen as a shelter this week for some of the 70 or so people being displaced from Exhibition Hall, which opened as a temporary “deintensification” shelter during the pandemic and is set to close permanently at the end of this month. Instead, the city says they’re still assessing the damage and deciding how to clean up the mess.

According to a police report on April 28, officers responding to a call about some “high/intox[icated]” people occupying the building discovered that “numerous” people “had barricaded the front door with assorted items [so that] the doors would not be able to be opened.”

In addition to “debris and garbage” and “biohazards” (a common euphemism for human waste), a spokeswoman for Seattle City Light said that “the status of various mechanical and electrical elements of the building need additional assessment.” Camille Monzon-Richards, the director of the Seattle Indian Center—which was supposed to take over the building from DESC this month—was more direct. “Vandals broke in and pretty much obliterated the place,” she said.

It’s unclear how people initially accessed the building, which is now patrolled by Phoenix Security, a private security firm. According to a police report on April 28, officers responding to a call about some “high/intox[icated]” people occupying the building discovered that “numerous” people “had barricaded the front door with assorted items [so that] the doors would not be able to be opened.” The supervisor of the building said he told the people inside that they weren’t allowed to be there, and that they responded that “The Exhibition Hall [shelter] said we could be in here.”

“No subjects exited willingly,” the report continues. “A building search was conducted and all the subjects trespassing inside were removed and identified.”

Despite the security patrols, people continued to access and occupy the onetime shelter, resulting in at least two more calls to police in May and June.

The real estate and developer-funded campaign used similar “we shall overcome”-style rhetoric in another recent email.

Noah Fay, director of housing programs at DESC, said his agency is working to find shelter spots for every person who’s been staying at Exhibition Hall, including DESC’s Navigation Center in the International District. “We’re actively securing spots for them,” Fay said, and “we’re quite confident we’ll have a spot that’s going to work for everyone,” either at the Navigation Center or at another site, such as a new Salvation Army congregate shelter inside a former Tesla dealership in SoDo.

It’s unclear when the Queen Anne shelter might be habitable again. “Early estimates indicate it will take weeks for this work to be completed,” the City Light spokeswoman said. The city would not confirm that the Seattle Indian Center will take over the space once repairs are completed, although both Fay and Monzon-Richard said that was the plan.

2. The million-dollar Compassion Seattle campaign continued to portray itself as a besieged underdog this week, sending a message to supporters urging them to collect as many signatures as possible for the charter amendment on homelessness by this Friday, the deadline for the group to gather 33,000 valid signatures from registered Seattle voters. Continue reading “Intruders Halt City’s Shelter Plans; Compassion Seattle Calls Opponents “Disingenuous” Liars”

“Three-Strikes” Resentencing Continues; Campaign Debate Highlights Urbanist Shift

1. On Friday afternoon, 63-year-old Raymond Ben became the fifth person from King County to be resentenced under a new state law intended to correct decades of harsh mandatory sentences by retroactively removing second-degree robbery from the list of offenses targeted by the state’s “three-strikes” statute, which imposes a life sentence without parole for so-called “persistent offenders.”

The law requires prosecutors to request resentencing hearings by July 25 for anyone currently serving a life sentence for a “three-strikes” case involving a second-degree robbery—which, unlike other three-strikes offenses like rape and manslaughter, typically doesn’t involve a weapon or injury to another person. The law made at least 114 people across Washington eligible for resentencing, including 29 people from King County—many of whom, like Ben, have spent a decade or more in prison.

In 2001, a King County judge sentenced Ben to life in prison after he stole a computer from a secure building at the University of Washington and punched three bystanders who tried to stop him; because of previous convictions for burglary and second-degree robbery, Ben fell into Washington’s “persistent offender” category.

Ben is one of a dozen inmates for whom the unit requested resentencing hearings before the July deadline. Two of those hearings—for 50-year-old Michael Peters and 59-year-old Rene Haydel—also took place on Friday.

Of the dozen inmates scheduled for resentencing before July 25, three—including Ben, who has cancer—received priority because of health concerns. Rickey Mahaney, the first person resentenced in King County under the new law, left the Coyote Ridge Correctional Facility in Franklin County on June 1 to move to hospice care.

Once the Washington Department of Corrections approves Ben’s re-entry plan, he has arranged to join his sister’s family after his release. But not everyone resentenced under the new law can turn to family members for support, which has forced the prosecutor’s office to rely on nonprofit organizations—the Seattle Clemency Project, among others—to organize housing, employment and other elements of re-entry plans for several inmates who would otherwise have no support system after their release.

Carla Lee, who leads the sentence review unit within the King County Prosecutor’s Office, told PubliCola that many other prosecutors’ offices in Washington won’t be able to provide backup options to those they resentence. “If someone in another county doesn’t have family to help them get back on their feet after their release,” she said, “there’s no guarantee that they’ll have another option.”

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2. PubliCola’s Erica C. Barnett moderated a mayoral forum sponsored by the MASS Coalition, Cascade Bicycle Club, Transportation Choices Coalition, and several other environmental groups last Wednesday.

The conversation, which featured five of the leading mayoral candidates (Colleen Echohawk and Casey Sixkiller were absent), highlighted substantive differences on issues that have flown under the radar during most debates this year, such as transit funding, the future of the Move Seattle levy, and the city’s contribution to climate change.

Some observations from the debate:

• Former council member Bruce Harrell, who’s leading (after “undecided”) in recent polls, has really embraced the idea that private donations will help solve the city’s biggest problems, including not just homelessness but transportation infrastructure.

In response to a question about the Move Seattle levy, which has failed to produce promised investments in sidewalks, bike infrastructure, and road and bridge maintenance, Harrell he would lean on large employers’ obligation “to give back to the community, to help us with the infrastructure. … So you’ll see not only a taxing mechanism, but you’ll see philanthropic efforts on my part.”

• Nearly every candidate supported the concept of making transit free—a huge endeavor that would have significant revenue impacts on both Sound Transit and King County Metro—although supporters varied in their responses to how they would like to see free transit happen. Continue reading ““Three-Strikes” Resentencing Continues; Campaign Debate Highlights Urbanist Shift”