Category: Women

Domestic Violence Survivors Face Challenges Using Law to Prevent Abuse of Legal System

King County Courthouse (Flickr: Evan Didier)

By Paul Kiefer

When a Washington state law intended to prevent abusive partners from using courts to harass or manipulate domestic violence survivors went into effect in early January, Isabelle Latour was one of the first people to try to put the new law to work. In doing so, she illustrated how difficult it may be for the law to efficiently protect survivors from a tactic known as “abusive litigation.”

Over four years, multiple King County judges ruled on dozens of occasions that Latour’s ex-husband, a Seattle attorney, had used frivolous lawsuits, unfounded complaints about Latour and her attorney, a questionable bankruptcy claim and dozens of other motions filed across multiple courts to drag out their divorce and maintain a form of control over Latour. The endless stream of litigation forced Latour to spend countless hours and thousands of dollars battling her ex’s efforts to re-litigate their divorce.

“After surviving a lot of abuse, I got pulled onto Zoom call after Zoom call—it became like a second job,” she said. “It was a heavy cloud hanging over me. I wanted to move on with my life, but I had to keep revisiting my trauma.”

When state Sen. Christine Rolfes (D-23, Bainbridge Island) began drafting legislation targeting abusive litigation for the state legislature’s 2019-2020 session, Latour and other survivors provided input. A version of the legislation that passed in 2020 empowered judges to limit an abuser’s ability to file or continue litigation against their victim; it also required the abuser to pay the court and attorneys’ fees. A court can only impose those restrictions on someone who a court has previously found to have committed domestic violence, and the restrictions expire after four to six years.

But the law’s impact depends on survivors, who need to petition a judge to consider whether to impose restrictions on their abuser’s rights to file litigation.

Because of the fragmented nature of Washington’s superior court system, it’s difficult to know how many survivors have tried to use the law so far. Of the half-dozen attorneys who spoke with PubliCola, only Latour’s attorney—Karma Zaike—has represented a client who successfully petitioned a court to stop their abuser from filing new litigation.

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We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is 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.

By the time the law went into effect on January 1, 2021, Latour believed that her motion to stop her ex-husband’s litigation would be an open-and-shut case. Zaike was so confident that a judge would approve Latour’s request that she tried to schedule a hearing on January 4.

Instead, Latour struggled to find a judge to hear her case; then, once she landed before King County Superior Court Judge Johana Bender, she endured four more hearings over Zoom. According to Latour and Zaike, the new hearings gave Latour’s ex additional opportunities to denounce his ex-wife and her attorney with allegations of dishonesty, and to argue that his lengthy history as a litigant was justified.

Latour’s ex-husband did not respond when PubliCola attempted to contact him.

Because restricting someone’s right to file litigation is a serious imposition by a court, judges like Bender often allow an accused abuser to argue their case at length before deciding whether to issue an anti-abusive litigation order. “A lot of abusers are very persistent—they won’t give up easily,” said Antoinette Bonsignore, an attorney who volunteers with Seattle-based women’s rights group Legal Voice who has advocated for protections against abusive litigation.

Continue reading “Domestic Violence Survivors Face Challenges Using Law to Prevent Abuse of Legal System”

State Legislation Could Improve Daunting Protection Order Process

(Source: King County Superior Court)

By Paul Kiefer

Brenda recognized the sound of her daughter’s abuser’s truck as he sped past their small family home on a residential street in Tacoma. When he reached the end of the block, he turned around and did it again. Brenda opened the curtains to watch him pass. “He slowed down,” she recalled, “and he stared at me.”

This was far from Brenda’s first run-in with the man who has tormented her daughter for more than a year. But after his harassment forced her daughter to move back home—he fired a flare gun into one apartment where she lived and tore the door off another—Brenda decided it was time to request a protection order from a court.

A civil protection order temporarily forbids an abuser from contacting or following their victim; if the abuser violates the order, they could face fines or jail time.  If a prosecutor chooses not to file charges against an abuser or if the victim decides not to file criminal charges, the victim can turn to a civil court as an alternative source of relief. Courts in Washington can issue six kinds of civil protection orders, each geared toward different types of abuse or harassment.

The harassment had been too overwhelming for her daughter to request a protection order on her own; once the abuser began to harass and intimidate her entire family, Brenda saw an opportunity to ask a court for help. For Brenda, an anti-harassment order was the only option: Because the abuser was her daughter’s former partner, not her own, Brenda couldn’t request a domestic violence protection order. Most civil protection orders are short-term; in some cases, people experiencing abuse can petition for the orders to be effective for a year or longer.

But in counties across Washington, victims of harassment, sexual assault and domestic violence have to navigate a disorienting—and disheartening—bureaucratic maze to receive a protection order. For Brenda, who owns a car, works from home, and could afford the $90 filing fee, the process was still disorienting and time-consuming, though she ultimately received a two-year protection order. For many other people who have experienced domestic violence and their families in Washington, the barriers to filing a protection order have been insurmountable.

“I’ve been at hearings where victims had to stand three to five feet away from someone who may have been trying to kill them for years,” Maria Pintar, a former legal advocate for domestic violence and sexual assault survivors, said.

These barriers primarily impact women: nationally, women are roughly twice as likely as men to experience intimate partner violence, and more than twice as likely to experience stalking; the vast majority of abusers are men. Low-income women, Indigenous women and women born outside of the United States are particularly vulnerable to all forms of harassment and abuse, and the same groups also face the most significant barriers to accessing civil protection orders.

Lawmakers in the Washington State Senate are considering a bill that many survivors and advocates hope could remedy some of the longstanding flaws in the civil protection order system. The bill, sponsored by Rep. Roger Goodman (D-45, Kirkland) and Sen. Manka Dhingra (D-45), would streamline the process for courts to consider and grant protection orders. “At its core,” Goodman told PubliCola, “this is about improving access to justice.”

Goodman argues that the proposed law would address an array of obstacles to protection orders simultaneously. If passed, the bill would replace the web of state laws that currently govern the civil protection order process with a single law that standardizes not only the procedures for petitioning a court for a protection order, but the paperwork itself: Goodman described a “master petition” that would lighten the workload for petitioners.

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We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. 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.

Currently, each type of protection order is governed by separate state laws; those laws determine how a victim can petition for a protection order, the court in which they file the petition—either district or superior court—and how courts can modify, extend or terminate protection orders, among other details. The quantity and type of evidence needed for each type of protection order also varies: someone petitioning for a sexual assault protection order would need to divulge the details of the assault, while a person seeking an anti-harassment order does not need to provide a comparable amount of personal information.

Before the pandemic, people seeking domestic violence protection orders in King County faced an uphill battle. “There are only two [superior] courthouses in King County—the thirteenth largest county in the country,” said Mary Ellen Stone, the director of the King County Sexual Assault Resource Center. “Someone might need to take two buses to get to court. It has to be easier than that.” For people in rural counties without a car or reliable public transit, traveling to and from a county courthouse could verge on impossible. Continue reading “State Legislation Could Improve Daunting Protection Order Process”

Customer-Only Rail Restrooms, Women’s Groups Denounce Fain Appointment, and WHEEL Shelter Finds a Home

1. The leaders of the National Women’s Political Caucus of Washington, NARAL Pro-Choice Washington, Washington State Democrats, and several other statewide organizations have signed a letter calling for former state senator Joe Fain’s resignation from the Washington State Redistricting Commission.

Fain was appointed to the five-member commission, which will redraw Washington’s congressional and legislative boundaries, by senate minority leader John Braun of Centralia. 

In 2018, a former city of Seattle employee, Candace Faber, said that Fain had raped her after a reception in Washington, D.C. several years earlier. Although the allegations eventually led to a state senate investigation, the investigation was dropped after Fain lost his reelection bid to Democrat Mona Das. Two months after leaving office, Fain was hired as head of the Bellevue Chamber of Commerce.

Calling these new restrooms “public” would be a bit of a misnomer, since Sound Transit plans to sequester the new toilets inside the fare-paid area, and could require riders to scan their ORCA card or a QR code on a valid ticket in order to access them.

In the letter, the women’s groups decry Fain’s elevation to yet another position of power, noting that he has never been subject to a formal investigation nor responded publicly to the allegations against him. If Fain remains on the commission, they say, he should have no in-person access to staff, other commissioners, or members of the public, and all his communications should be supervised by an outside party.

“Lack of action on behalf of the Commission would normalize sexually predatory behavior and set a dangerous precedent that sexual assault accusations are not taken seriously by Washington State officials, further discouraging others who may experience similar incidents from bringing forth their own experiences,” the letter concludes.

2. Last week, Sound Transit’s ridership experience committee agreed to a new public-restroom policy that will, if implemented, add a total of seven new restrooms to the agency’s commuter and light rail system once it is fully built out decades from now. Three of those would be in Seattle—in Ballard, the Chinatown/International District, and Seattle Center.

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We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. 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, check out our Support page. Thank you for your ongoing readership and support.

The new criteria the board will use to determine which stations get restrooms were based on what’s in place in other systems, but it’s important to note that these criteria are a decision, not an inevitability. Stations with restrooms will be those that have more than 10,000 boardings a day and where five or more different transit routes converge; additionally, Sound Transit staff has recommended, every rider should be able to access a restroom within a 20-minute ride from any point within the system. This set of rules leads to restrooms outside the downtown Seattle core, where there happen to be a large number of people living unsheltered without easy access to public restrooms, and at the new suburban hubs.

In the letter, the women’s groups decry Fain’s elevation to yet another position of power, noting that he has never been subject to a formal investigation nor responded publicly to the allegations against him.

Calling these new restrooms “public” would be a bit of a misnomer, since Sound Transit plans to sequester the new toilets inside the fare-paid area, and could require riders to scan their ORCA card or a QR code on a valid ticket in order to access them. Calling them “paid toilets” might be more accurate.  One can easily imagine a scenario in which a rider who is just outside the two-hour window when tickets or passes are valid finds herself locked out of the restroom at her destination.

3. The women’s homeless shelter provider WHEEL, whose request to open a nighttime-only shelter at City Hall was rejected last month, will have a new home starting this week: First Presbyterian Church on First Hill, which has also housed the city’s navigation center and other shelter providers over many years. The new space, which WHEEL is opening with city support, will have space for up to 60 women.

As PubliCola reported last month, WHEEL’s women’s shelter is low-barrier, meaning that the group accepts women in any condition and those who don’t do well in structured programs. The group had been trying to find a space since November to supplement its existing shelter at Trinity Episcopal Church near downtown, whose nightly capacity has been cut in half by COVID bed spacing requirements.

Domestic Violence Intervention Project Experiments with Restorative Justice for A Stigmatized Group

Image via seattle.gov.

By Paul Kiefer

In early November, in a hallway on the tenth floor of the Seattle Justice Center, a middle-aged man in an untucked polo shirt waited for his name to be called. In the courtroom next to him, Seattle Municipal Court Judge Adam Eisenberg was wrapping up a string of DUI probation hearings; in the hallway, defense attorneys mingled with anxious probationers, none of whom looked pleased to be there on a Monday afternoon.

Judge Eisenberg spoke to the DUI defendants in a firm, measured tone. “We’re very excited that you’ll be going to law school,” he told a young man who turned up in a tidy suit, “but it’s also a little alarming that you’re here.”

But the judge’s demeanor softened when the man in the polo shirt walked through the courtroom’s double doors and took his place at the defendant’s table. “How are you feeling? How is everything going?” he asked. Immediately, the interaction felt far more personal than the hearings that preceded it.

The man is one of roughly 60 participants in the court’s Domestic Violence Intervention Program (DVIP), a treatment program for defendants with misdemeanor domestic violence convictions that provides court monitoring, group and individual counseling, and referrals to substance abuse or mental health treatment providers as necessary. The program, which is still in its pilot stage, has been operating with little publicity or fanfare since June 2018. However, with alternatives to policing and incarceration front-and-center in Seattle’s political discourse, DVIP has taken on new significance as one of several promising experimental public safety programs in the city.

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Unlike people facing charges for misdemeanors like shoplifting or drug possession, domestic violence defendants haven’t received much attention—or sympathy—in recent discussions of alternatives to policing and incarceration. The belief that domestic abusers are best held accountable through probation or incarceration has not disappeared, but the shift towards a rehabilitative approach is relatively widespread. And while domestic violence offender treatment programs have existed for decades in the United States, until the past decade, most of those programs treated domestic abusers as fundamentally different from other criminal defendants.

“For a long time, domestic violence was siloed,” said Tara Richards, a professor of criminology at the University of Nebraska at Omaha who is leading an independent review of Seattle’s DVIP. Domestic abusers, she said, were typically treated as unique among violent offenders; as a consequence, they rarely received attention in conversations about rehabilitation. Continue reading “Domestic Violence Intervention Project Experiments with Restorative Justice for A Stigmatized Group”

From Medium: I Was a “Fun” Drunk. Until I Wasn’t.

This piece, which has been lightly edited for sexual content, originally appeared on Medium. It was inspired by the responses to Susan Orlean’s recent series of tweets about getting wasted, which were celebrated by thousands of people and featured the following day in a laudatory piece in the Washington Post.

Image for post

When I quit drinking, there was no one around to suggest that I didn’t have a problem.

My friends were gone. My family was distant. My world consisted of an elliptical path between the grocery store, the bus stop, and the 600 square feet of my apartment, full of dirty dishes and half-eaten pizzas and empty bottles shoved into suitcases in the closet in case anyone dropped by.

My drinking took me to that point. But it didn’t start that way. Instead, like many women in their 20s, I started drinking because I wanted to fit in — at work, where everyone seemed so much older and more sophisticated, and in my social circle, which came to consist mostly of other drinkers—women who could shut down the bar, take a guy home, and wipe away the hangover with a few Bloody Marys in the morning.

It wasn’t just that no one ever told me they thought I might have a drinking problem — my drinking, like that of many young women, was celebrated, and the more over-the-top my behavior was, the more “fun” people considered me to be. I remember one night, out at a dive bar called the Jade Pagoda, when I danced on a table while my coworkers cheered, then made out with one of those coworkers on that same table while they cheered some more. What I learned from that experience, and from countless others, was that people liked me more when I was drunk and “fun.” For years, I took the lesson to heart.

I was fun. Until I wasn’t.

The parameters of acceptable femininity are wide enough to accommodate women who have “funny” meltdowns or who take their tops off or who sleep through Sundays. They don’t have room for women who lash out when they’re drunk, or who wonder whether they really gave their consent, or who say, in so many words: “This isn’t fun. Stop clapping. I need help.”

In all that time, no one ever suggested that I might consider taking a break from drinking. Why would they? Women who act out in a certain way — by being a certain acceptable type of “messy,” the type that isn’t too picky about men’s behavior and cracks jokes about her drinking (“Drinking problem” always worked when I spilled my cocktail) and laughs uproariously — are celebrated. Everyone loves a “fun” girl, a “cool” mom, a “wacky” older lady with a martini in hand. (Note that these parameters are not just gendered but aged — a 60-year-old throwing herself at young men is seen as pathetic, while a “wine mommy” who heads out to the bar while her husband takes care of the kid is irresponsible; why isn’t she celebrating “wine o’clock” at home?).

The parameters of acceptable femininity are wide enough to accommodate women who have “funny” meltdowns or who take their tops off or who sleep through Sundays. They don’t have room for women who lash out when they’re drunk, or who wonder whether they really gave their consent, or who say, in so many words: “This isn’t fun. Stop clapping. I need help.”

Women who fall into addiction — a neurological, psychological, and physical brain disorder that many people still consider the result of personal failings — are not celebrated. Strangers don’t show up to cheer when you pass out on the sidewalk, or check yourself into treatment, or say “I need help,” although addictions that lead to these behaviors tend to start benignly, with the kind of drinking women are socially permitted to do.

I thought about all this when celebrated writer Susan Orlean posted a series of increasingly incoherent tweets on Friday night, in which she acknowledged being “falling-down drunk,” embarrassing her husband in front of their neighbors, and apparently infuriating her family. “I am@being shunned by my family because I am drunk. Yes ok I am fine with that FUCK YOU YOU FUCKING FUCKERS,” she wrote. As I write this, the most recent responses — of thousands in this vein — are “Cheers to you!! This is definitely not the right time to be sober(within reason)I’m having a few with you!!,” “How wasn’t I following you until now? Best 2020 Friday night entertainment” and “Hey Family, leave her alone! Let the girl drink and tweet! 😜. Got your back”

These people piling praise onto a celebrity’s timeline are ostensibly “celebrating” Orlean for “living her best life,” as many of them put it. But in reality, they’re projecting a narrative that’s as American as Lucille Ball.

We celebrate women — particularly famous women — when they embarrass themselves, or get falling-down-drunk, or go on harmless-seeming tirades against their families. “No one on my house is talking to me right now ok!! YeH whatever I hzte you too.” We stop celebrating them when their behavior tips over into problematic territory — when Britney shaves her head, or Lindsay passes out in her Mercedes. Being a “fun” drunk is a trap, but you won’t know that until you get down off the bar, or stop live-tweeting your life like it’s a sitcom, or say something publicly that’s just a no-two-ways-about-it bummer, like expressing shame, helplessness, or regret. Watch how fast the crowds dissipate then.

Read the rest of this essay on Medium.

Exclusive: Times Reporter Rosenberg Resigns In Wake of Harassment Allegation

Mike Rosenberg, the Seattle Times real estate reporter who was suspended last month after sending unsolicited sexually explicit messages to a New York-based writer named Talia Jane, has resigned, The C Is for Crank has learned. (Update at 11:20am: The Times has confirmed Rosenberg’s resignation; statement below). The news went out to Times staffers in an email yesterday, which reportedly included no additional details such as whether Rosenberg had been asked to leave or information about an investigation the Times said it was undertaking back in May.

On May 5, Jane posted a thread about Rosenberg’s messages, which began as banal encouragement and career advice and escalated into a series of increasingly inappropriate come-ons (3:10am: “Anyway you’re so beautiful”; 3:13am: “Anyway you are hilarious”), culminating in a message at 3:55am that read, “there is so much cum on your face.” (Jane apparently stopped responding around 2:56 am, with a message about the media environment in New York.) After Jane said she was going to take the messages public, Rosenberg responded, further screen shots show, by claiming that the DMs weren’t intended for Jane, then offering to donate to the National Organization for Women in exchange for her silence.

“Being a woman is totally normal and very cool,” Jane wrote.

Contacted for comment on Rosenberg’s resignation, Jane said, “Every freelancer, new voice and marginalized body has experienced instances where power imbalances are abused [t]o the extent that someone saying ‘This isn’t appropriate or acceptable’ comes as a shock. Calling out inappropriate behavior shouldn’t be shocking. It should be standard. As the dust settles, I hope what is remembered of this situation is the importance of identifying inappropriate behavior and not laughing it off or pretending you didn’t see it, but rejecting it point blank. I hope Mike’s decision to resign leads him toward a happier, healthier future, however that may manifest.”

The Times has been very tight-lipped about the Rosenberg situation, limiting its comments to a brief statement: “The Seattle Times has been made aware of allegations of sexual harassment earlier today against a newsroom employee. We take these kinds of allegations very seriously and have suspended the employee pending an investigation by our human resources group.” In a break with the longstanding newspaper tradition of the media reporting on its own scandals, the Times did not assign anyone to report on the Rosenberg story.

Lindsay Taylor, a spokeswoman for the Times, confirmed that Rosenberg has resigned. ” As referenced in our previous comment, we did initiate and complete an investigation into this matter. We are not disclosing details of those findings as it is a personnel matter handled directly by our human resources group,” Taylor said. “As to our efforts regarding sexual harassment in the workplace, we are, as we have always been, committed to fostering a respectful workplace.  The behavior of one individual among our more than 600 employees is not reflective of our culture.  We have continued to invest in training and elevate awareness of our employee assistance program for counseling consultations as needed.  We will continue to be responsive to employee needs around this issue.”

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“You Uppity F*cking Bitch”: The Response to the Viral Public Comment Video Was Predictable and Avoidable

A couple of weeks ago, a video of the city council’s public hearing period went viral, spurred on by local conservative media and amplified by national right-wing talk show and podcast hosts. The video showed a man, Richard Schwartz, asking council member Debora Juarez, who was chairing the meeting, to stop the two-minute timer so that he could address her directly about the fact that the council didn’t seem to be listening to him with the kind of rapt attention he felt he deserved. Schwartz, who has met one-on-one with council members and complains to them frequently about cyclists going “too fast” in the Westlake bike lane, was breaking the public-comment rule that requires commenters to speak to items on the agenda; I’ve watched the council for a long time and seen them cut off many people’s mics over many years for violating this rule, but they didn’t do so in this case. (If you want to know more about Schwartz’s pet issue, KUOW did a  piece about him two days after his viral public comment). Instead, Juarez told him the clock was running and said he had her attention. Once the two-minute video clip started to spread via Facebook and Reddit, of course, none of that context mattered. The only thing many people saw was a kindly old man begging for attention from a bunch of rude government officials, mostly women, who ignored his sincere pleas for “just two minutes” of their attention.

That part was predictable: Right-wing bloviators love to crow about government (particularly liberal governments) not listening to the little guy. But so was what happened next: A torrent of abusive phone calls and emails from around the country, directly primarily at Juarez but also at every woman of color on the council, including one who was not even at the meeting. This was predictable because it’s basically what happened the last time the women on the council did something controversial. Last time, the council’s five female members voted against vacating a public alley for would-be stadium developer Chris Hansen. This time, they failed to pay sufficiently rapt attention to an older white man who was demanding that they hang on his every off-topic word.

I went through more than 1,000 emails that poured into council offices over the five-day period when the video was at its viral peak. Strung together and put into 12-point type, they made a 216-page Word document more than 130,000 words long. Some of the abusive emails went to subsets of the council, or to every council member (including the two, Bruce Harrell and Teresa Mosqueda) who weren’t there. Many others were targeted specifically at the female council members. In fact, more emails were addressed explicitly to Mosqueda—who, again was not even at the meeting—than to Mike O’Brien, who was.

In reading the emails, a few themes emerge. The first is sexist name-calling, most of it targeted at Juarez, who is referred to as “that cunt”; “a vile piece of trash”; “an entitled bitch”; an “uppity bitch” whose “ugly ass really should pay more attention to the citizens immediately in front if [sic] you, instead of looking up recipes for tortillas”; “A grotty, lazy, rude good for nothing stereotype”; a “disrespectful bitch”; a “vile old clam”; an “ugly fucking cow”; a “fat disgusting cow”; “the literal scum of the earth” whose “dusty old bones will most likely fill up all 6 feet of space [in her coffin] just by itself”; a “bitch” who should “suck my fucking dick,” and a variety of other slurs. Writers also targeted council member Kshama Sawant with sexist and racist slurs, including “a truly revolting individual and a cancer that plagues the Jewel of the Pacific Northwest”; a “racist hypocrite against the usa [sic] worthless politician”; a “piece of shit” “fucking Muslim” who should “go back to your ducking [sic] country”; and, of course, a bitch. Callers to Gonzalez’s office left messages saying she “should honestly get the fuck out of this country because you don’t belong here”; that she should “go fuck yourself, you fucking piece of shit”; and calling her “a vile and disgusting load of shit, you fucking bitch.”

Other themes: The council is being racist and sexist against Schwartz because he’s a white man (“Are you a bunch of misandrist [sic] (look that word up dummies) or just a bunch of chauvinist [sic] that are sticking up for the women but, really attacking men?.”); “I am appalled at your callous and arrogant demeanor toward the white male CITIZEN”); “Kiss America’s Ass & My White Male Veteran Ass. Now sit your Fat Ass Down.” They’re “arrogant” (a word that shows up 38 times in the emails), “entitled” (22) “elitists” (20) because they’re “Democrats” (or “Demo-craps” or “DEMON-CRAT[s]!!!!!” or “DemocRATs”). And they deserve to be “hit,” “slapped,” have someone “beat the fuck out of them” because of the way they acted. These comments, while sometimes directed at the entire council, were most often directed at Juarez, and often tended to be gendered, suggesting that while the entire council may be “DEMON-CRATS,” only the women on the council needed to be told (as Juarez was) that they are “Smug, elitist, dismissive, bored, annoyed, ignorant and ugly both inside and out.”

 

People often wonder why more women don’t go into politics, and there are many reasons—sexist double standards that require women to “prove ourselves” capable of roles men are assumed to be able to do by default; sexist societal expectations that make women primary parents, caregivers, housecleaners, and errand runners even in “progressive” cities like Seattle; gendered ageism that says that women are too young to be effective right up until the moment that they’re too old to be relevant. But the fact that women in public office are far more likely face threats, harassment, and gender-based verbal abuse is another reason, one we shouldn’t just ignore. In the weeks since the initial burst of hate speech that a staffer described as “the hurricane,” the media has moved on and the cameras (many of them trained directly on Juarez, demanding “answers to the questions” people commenting on the video were raising) have gone away. But we shouldn’t just ignore these attacks, or say the female council members “knew what they were signing up for”—or, as some members of the Seattle media did, fan the flames in order to juice our own ratings or clicks. Putting up with sexist, racist harassment and gender-based threats shouldn’t be a job requirement at any workplace, particularly one where women have to work three times as hard to be taken half as seriously.

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

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

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

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

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

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

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

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

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

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

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

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

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

The Gender Gap at the City’s Largest Departments Hasn’t Improved. If Anything, It’s Wider than Ever

The latest annual analysis of racial and gender equity in city employment concludes, unsurprisingly, that the city still has a long way to go before achieving racial and gender pay equity and equal representation in employment, as measured by the number of women and people of color who are in top-tier, and top-paying, positions at the city. Meanwhile, a detailed look at the numbers reveals that one of the biggest problems identified in a workplace equity report three years ago—the lack of women employees at all levels in the three largest city departments (police, fire, and City Light)—has gotten slightly worse even as racial equity has begun to improve.

Using baseline race and gender numbers from King County as a whole (on the grounds that the city’s workforce lives all over the county), the report found that people of color, particularly Latinx people, are underrepresented at the top pay and supervisory levels across all city departments, and that women are underrepresented “at all but the bottom levels of supervisory authority and wages”—not surprising, given that women remain underrepresented in City employment overall. (The chart above shows exactly how each group identified is under- or overrepresented at the top and bottom quarters of the pay scale. A more detailed breakdown is available in the report itself.) The report did not break down pay by titles or pay bands beyond the quartile level or by department, so there’s no way to know, based on the report, what sort of pay gaps exist in each individual department, or whether the pay gap between white men and everybody else widens, for example, among city employees with salaries at the very top of the pay scale.

Taken together, the three largest city departments are just 25 percent female, and all have a lower percentage of female workers than they did back in 2015.

 

“By gender, the City of Seattle workforce is very imbalanced: overall, just 38.6 percent of City employees are female as compared to 50.1 percent in the county population,” according to the report. “Given this overall imbalance, it is not surprising that women are underrepresented at many levels of the workforce relative to the general population. Among supervisors, women are underrepresented in all but the bottom level (first quartile). In the top level, they make up 35.4 percent of supervisors. Across the pay scale, women are again underrepresented in all but the bottom level. In the top level of wage earners, they make up 33.8 percent of employees.” The situation is, of course, even worse for women of color, who “are most underrepresented at the top levels of City employment. This group makes up 19.0 percent of the county population but just 11.3 percent of the top level of supervisors and just 10.0 percent of the top level of wage earners.”

The report notes that in the five largest city departments (Police, Seattle City Light, Parks, Seattle Public Utilities, and Fire) women make up just 30.7 percent of the workforce. “Removing the top five departments, the remainder of the City reaches near gender parity (that is, while many of the smaller departments also have significant gender imbalances, these collectively offset each other),” the report concludes.

This language is remarkably similar to language in a more detailed workforce equity report released in 2015, which found that “after removing [Police, Fire, and City Light] from the citywide analysis, the City found that the percentage of females in the rest of the City workforce jumps from 37% to 46% and the unadjusted pay gap narrows from 89.7 to 98.2 %.”

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But of course, eliminating the very largest departments in the city, which account for nearly four in ten city workers, doesn’t actually cause the percentage of female employees at the city to “jump,” nor does it narrow the pay gap. It does, however, highlight where the biggest problem lies: In traditionally male-dominated departments that remain male-dominated despite a longstanding awareness of the problem and what to do about it: Recruit and hire more women.

This year’s report includes another sleight of hand which, intentionally or not, has the effect of downplaying the lack of women in the largest city departments. This year, the city added two departments to the list of the largest city departments in the 2015 report—parks and SPU, which, when their workforces are combined and averaged, actually have a higher percentage of women employees (39.6 percent) than the city as a whole. Taking these two more (relatively) gender-balanced departments back out of the equation and looking only at the three departments the city identified as particularly inequitable three years ago, it’s clear that the gender imbalance at City Light, Fire, and Police hasn’t improved—in fact, it’s gotten worse.

Taken together, the three largest city departments are just 25 percent female, and all have a lower percentage of female workers than they did back in 2015. The Seattle Police Department has gone from 29.0 percent female to 28.1 percent; City Light has gone from 32.1 percent female to 30.3 percent; and the Seattle Fire Department (already the least gender-equitable department of the three) has declined from 13.1 percent female to 12.3 percent.

When large departments make a concerted effort to recruit and hire a specific demographic group, it works, as evidenced by the data in this year’s report about the Seattle Police Department’s efforts to hire more people of color. Since 2014, which was the baseline for the 2015 report, only 22 percent of SPD’s hires were people of color; thanks to concerted effort and recruiting changes implemented by the department, that has risen steadily to 45 percent in 2018.

According to the report:

The city also identified several strategies in the past that could have helped attract and retain women as well as men of color, but did not pursue them, according to the report. These include flexible scheduling; step wage increases for part-time workers, who are more likely to be women; and seniority rules that don’t penalize people for accepting promotions. We know, from the city’s efforts to make race and social justice an integral part of hiring and recruitment decisions, that it takes targeted effort over a sustained period to address historical race and social justice inequities—and that it pays off. Why not invest a similar amount of time and effort into closing the city’s gaping gender gap?

Morning Crank: “Crime-Infused Shack Encampments”

“URGENT…tell them NO!”—the message of every call to action by anti-homeless groups in Seattle

1. A new group calling itself Unified Seattle has paid for Facebook ads urging people to turn up in force to oppose a new tiny house encampment in South Lake Union. The ads include the line “SOLUTIONS NOT SHACKS,” a reference to the fact that the encampments are made up of small wooden structures rather than tents. The encampment, which was funded as part of Mayor Jenny Durkan’s “bridge housing” strategy, will include 54 “tiny houses” and house up to 65 people; it may or may not be “low-barrier,” meaning that it would people with active mental illness or addiction would be allowed to stay there. A low-barrier encampment at Licton Springs, near Aurora Avenue in North Seattle, has been blamed for increased crime in the area, although a recent review of tiny house villages across Seattle, including Licton Springs, found that the crime rate typically goes down, not up, after such encampments open.

“URGENT community meeting on NEW Shack Encampment this Thursday, June 28!” the ad says. “The City Council is trying to put a new shack encampment in our neighborhood. Join us to tell them NO!” Despite the reference to “our neighborhood,” the ads appear to directed at anyone who lives “near Seattle.” Another indication that Unified Seattle is not a homegrown South Lake Union group? Their website indicates that the group is sponsored by the Neighborhood Safety Alliance, Safe Seattle, and Speak Out Seattle, all citywide groups in existence long before the South Lake Union tiny house village was ever announced.

“The city has imposed an unconstitutional income tax on residents which was ultimately struck down by the courts,” the website claims. “It passed a job-killing head-tax that was embarrassingly repealed. Now, it has undertaken a campaign to seize valuable land and build crime-infused shack encampments to house city homeless. All this in the course of six months.”  The income tax, which actually passed a year ago and was struck down by a court, was never implemented. The head tax was never implemented, either. And no land is being “seized” to build the encampment; the land is owned by the city of Seattle.

The meeting is on Thursday night at 6pm, at 415 Westlake Avenue N.

2. Overshadowed by yesterday’s Supreme Court ruling upholding Trump’s Muslim Ban 3.0 was another ruling that could have significant implications for pregnant women in King County. The Court’s ruling in NIFLA v. California struck down a state law requiring that so-called “crisis pregnancy centers”—fake clinics run by anti-choice religious organizations that provide false and misleading information to pregnant women in an effort to talk them out of having abortions—post signs saying what services they do and don’t provide. In its 5-4 decision, the Court ruled that the California law violated the center’s First Amendment rights (to lie to women).

Earlier this year, the King County Board of Health adopted a rule requiring so-called crisis pregnancy centers to post signs that say “This facility is not a health care facility” in 10 different languages. Crisis pregnancy centers typically offer sonograms, anti-abortion “counseling,” and misinformation about the risks associated with abortion, including (false) claims that abortion is linked to breast cancer and a higher risk of suicide.

In a statement, Board of Health director and King County Council member Rod Dembowski said that he and the county’s legal team were mindful of the California challenge when drafting the rule. “We intentionally crafted King County’s rule to be less broad than the California … requirements, while still ensuring that women who are or may be pregnant understand that limited service pregnancy centers are not health care facilities,” Dembowski said. “If we need to fine tune the particulars of the form of the disclosure, we will do so.  Regardless, I am optimistic that the County’s more narrow regulation that was supported with a strong factual record is constitutional and will remain in place.”

3. A presentation by the city’s Human Services Department on how well its programs are performing supported the narrative that the Pathways Home approach to getting people off the streets, which emphasizes rapid rehousing and diversion programs over temporary shelter and transitional housing, is working. But it continued to raise a question the city has yet to answer directly: What does the city mean by “permanent housing,” and how does they know that people who get vouchers for private-market apartments through rapid rehousing programs remain in their apartments once their voucher funding runs out?

According to HSD’s first-quarter performance report, which department staffers presented to the council’s housing committee on Tuesday, 83 percent of people in rapid rehousing ended up in “permanent housing” after their vouchers ran out. Meanwhile, according to HSD director Jason Johnson, aggregated data suggests that 95 percent of the people enrolled in rapid rehousing were still housed after six months. In contrast, the department found that just 59 percent of people in transitional housing moved directly into permanent housing, and that just 3.8 percent of people in basic shelter did so, compared to more than 20 percent of people in “enhanced” shelter with 24/7 capacity and case management. Ninety-eight percent of people in permanent supportive housing were counted as “exiting” to permanent housing, giving permanent supportive housing the best success rate of any type of program.

However, there are a few factors that make those numbers somewhat less definitive than they sound. First of all, “permanent housing” is not defined as “housing that a person is able to afford for the long term after his or her voucher runs out”; rather, the term encompasses any housing that isn’t transitional housing or shelter, no matter how long a person actually lives in it. If your voucher runs out and you get evicted after paying the rent for one month, then wind up sleeping on a cousin’s couch for a while, that still counts as an exit to permanent housing, and a rapid rehousing success.

Second, the six-month data is aggregated data on how many people reenter King County’s formal homelessness system; the fact that a person gets a voucher and is not back in a shelter within six months does not automatically mean that they were able to afford market rent on their apartment after their voucher ran out (which, after all, is the promise of rapid rehousing.)

Third, the fact that permanent supportive housing received a 98 percent “success” rate highlights the difficulty of basing performance ratings on “exits to permanent housing”; success, in the case of a program that consists entirely of permanent housing, means people simply stayed in the program. To give an even odder example, HSD notes an 89 percent rate of “exits to permanent housing” from diversion programs, which are by definition targeted at people who are already housed but at risk of slipping into homelessness. “Prevention is successful when people maintain housing and don’t become homeless,” the presentation says. It’s unclear how the city counts “exits to permanent housing” among a population that is, by definition, not homeless to begin with. I’ll update if and when I get more information from HSD about how people who are already housed are being counted toward HSD’s “exits to permanent housing” rate.

4 .Last week, after months of inaction from One Table—a regional task force that was charged with coming up with regional solutions to the homelessness crisis—King County Executive Dow Constantine announced plans to issue $100 million in bonds to pay for housing for people earning up to 80 percent of the Seattle-area median income (AMI), calling the move an “immediate ste[p] to tackle the region’s homelessness crisis.”

That sounds like an impressive amount of money, and it is, with a few major caveats: First, the money isn’t new. Constantine is just bumping up the timeline for issuing bonds that will be paid back with future proceeds from the existing tax on hotel and motel stays in King County. Second, the $100 million—like an earlier bond issuance estimated at $87 million—won’t be available until 2021, when the debt on CenturyLink Field (for which the hotel/motel tax was originally intended) is paid off. King County has been providing some funds to housing developers since 2016 by borrowing from itself now and promising to pay itself back later. Both the $87 million figure and the new $100 million figure are based on county forecasts of future tourism revenue. And third, the amount of hotel/motel tax revenue dedicated to affordable housing could, under state law, be much higher—two-thirds more than what Constantine proposed last week—if the county weren’t planning to spend up to $190 million on improvements at Safeco Field that include luxury suite upgrades and improvements to the concession stands. That’s because although state law dictates that at least 37.5 percent of the hotel/motel tax be spent on arts and affordable housing, and that whatever money remains be spent on tourism, it does not limit the amount that can be spent on either arts or housing. Theoretically, the county could dedicate 37.5 percent of its revenues to arts spending and the remaining 62.5 percent to housing.

The fact  that Constantine is describing the new bonds as a solution to homelessness is itself a matter of some debate. Under state law, the hotel/motel tax can only be used to build “workforce housing” near transit stops, which the county interprets to mean housing for people making between 30 and 80 percent of AMI. Homeless people generally don’t earn anywhere close to that. Alison Eisinger, director of the Seattle/King County Coalition on Homelessness, says that although “taking steps that will help to address the critical need for affordable housing for low-wage workers and people who can afford housing at 30 to 80 percent is a good  thing, unless there’s a plan to prioritize those units for people experiencing homelessness, along with resources to help buy down some of the rents for people for whom 30 to 80 percent is out of reach, I’m not sure how that helps address homelessness.”

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