Controversial Proposed Charter School in South Seattle Bypasses Zoning Hurdle

This post originally ran at the South Seattle Emerald.

Depending on whom you talk to, the Rainier Valley Leadership Academy (RVLA) high school, South Seattle’s first proposed charter high school, is either a long-overdue alternative to South End schools that fail to adequately prepare kids for college, or a financial and pedagogical assault on three public high schools that have managed to improve their test scores and graduation rates despite chronic underfunding and decades of neglect.

To Sue Peters, formerly of the Seattle School Board, the RVLA and the organization set to run the 58,000-square-foot high school, California-based Green Dot Schools, are trying to “undermine” neighborhood schools “by draining public resources and students from them.” (Charter schools are privately operated but publicly funded, so every dollar spent on charter schools comes out of funding for Seattle Public Schools.)

For the past year, Peters says, the school board “has heard compelling, eloquent testimony for Rainier Beach Students imploring the district to invest in their school. … Building another school one and a half miles from [Rainier] Beach would direct potential resources away from the school and undermine these efforts.”

But to incoming RVLA principal Arneidra Lloyd, a former public school administrator who attended Franklin High School, the school offers another alternative for parents who want their kids prepared for college but don’t test or track into the public schools’ AP or international baccalaureate (IB) programs, which can’t accommodate every student. (AP classes are high-level classes that can be used for college credit; the IB program is an intense two-year college prep program.)

“I feel like students should have the right to choose where they go to school, just like we have the right to choose what we put in our mouths, where we live, and who we marry,” Lloyd says. “The right to school is just as important as all those other rights.”

The proposal that is inspiring this kind of rhetoric is just one component of a planned development at MLK Way S and S Othello Street, right across from the Othello light rail station, called the Southeast Economic Opportunity Center (SEOC), which aims to reduce economic displacement through a combination of on-site jobs, housing, childcare, and education. But it’s by far the most controversial element of the plan.

Last month, the Seattle school board adopted a resolution opposing Green Dot’s efforts to get a zoning variance from the city of Seattle that would allow it to begin construction later this year on a three-story school—one story higher than the zoning rules for the property allow. “I have difficulties with charter schools when they want the money but not the rules that go with the money,” school board member Leslie Harris said.

On Wednesday, Seattle Department of Construction and Inspections spokesman Bryan Stevens confirmed to the Emerald that Green Dot just told the city they have “decided to modify their design so that they no longer need a design departure,” and will stay within a smaller two-story footprint—preventing what could have been a drawn-out battle over Green Dot’s right to seek exemptions from zoning rules and eliminating an important talking point for charter opponents

If Green Dot had decided to pursue a three-story high school, it might well have prevailed. (SDCI said this week that the company had the right to at least request the height increase.) Last year, after a process that school board members say excluded school district representatives, SDCI signed off on a request for a three-story Green Dot middle school on Rainier Ave S., just three blocks from Aki Kurose Middle School.

Green Dot doesn’t have much of a record in the Puget Sound region; in addition to the new Green Dot Middle School in South Seattle, Green Dot operates one middle school in Tacoma and just took over a second charter middle school in Kent. Most of their 28 schools are in Tennessee or California, where charter schools were authorized in 2003 and 1992, respectively. (In contrast, Washington State voters just approved charters in 2012, and the initiative is still under legal challenge).

But the company’s plans to expand into the Seattle area raise questions that have been debated for decades on the national stage: Should privately run charter schools have to play by the same rules as traditional public schools, such as hiring a union workforce? (Green Dot’s Seattle-area schools are not unionized). Does allowing some kids to decamp from traditional public schools to charters doom the kids who are left behind to an inferior education? And should the public subsidize schools run by private companies and nonprofits at a time when the state is struggling to find adequate funding for basic public education?

Peters, the former school board member, argues the new school “will almost certainly negatively impact the existing neighboring schools by draining resources and students from them,” and that kids at charter schools often perform worse than those at traditional neighborhood schools. But national studies of charter schools’ impact on neighborhood schools have been inconclusive, and some research does indicate that urban charter schools can benefit black and Latinx kids living in poverty, in particular, even if the jury is outon whether charter schools, which vary widely (and are regulated differently) from region to region, do a better job of educating kids overall.

Walter Chen, a former Aki Kurose assistant principal who is now principal at Green Dot’s Rainier Valley Leadership Academy middle school, says that because Green Dot’s schools are hyperfocused on college prep, they provide a service that other public schools, even those with good IB programs, just can’t offer. “I really think of Green Dot as a social justice organization—we’re founded on the idea that every child, no matter what neighborhood they live in, deserves access to a high-quality school and a pathway to college,” Chen says.

Homesight director Tony To, whose housing-development nonprofit is spearheading the development of the SEOC, acknowledges Green Dot was “controversial,” but says he thinks the school serves an important purpose. “The program that they’re doing, which is a school-wide college prep program, is one that doesn’t exist in the Seattle school district, and it’s a major concern of students that can’t track into a college prep program,” To says. “And the community supported us on that.”

Green Dot classes are highly structured. Students and teachers learn specific gestures to indicate that they agree or disagree or that someone is doing well. Every student gets a mentor, who will—ideally—stay with that student from middle school to high school and even after graduation. The curriculum includes visits to college campuses, building a resume, and actually applying to schools—every student has to apply to multiple colleges at the end of senior year, even if they don’t end up pursuing higher education. “It’s a college-going culture,” Lloyd says. According to Chen, more than 90 percent of Green Dot’s graduating students in California and Tennessee are admitted to college—and 95 percent of their students “graduate, period.”

Peters, Harris, and other charter school opponents counter that Green Dot’s schools aren’t the only schools that boast a high graduation rate—Rainier Beach, Cleveland, and Franklin all have four-year graduation rates (89.4 percent, 83.3 percent, and 81.7 percent, respectively) that are higher than the district average (77.5 percent), despite having higher student-teacher ratios, more kids who are low-income or in special education classes and, with the exception of Cleveland, higher percentages of attendees with limited English proficiency. And Peters points out that at the one Green Dot school for which records are available, student test scores lag far behind the statewide average—at Destiny Middle School in Tacoma, just over one in four students passed the state’s basic language arts test, and fewer than one in five passed the math exam. Statewide, nearly half of all 7th grade students passed both tests. (After publication, a consultant for Green Dot contacted me to say that those stats require context, and provided a fact sheet and statement from the Washington Charter Schools Association. “Many Destiny students enter significantly behind grade level, and have significant learning needs,” the fact sheet says. “While Destiny students enter far behind, they are catching up.”)

Charter schools have been a contentious issue in Seattle for many years. At least twice since voters passed an initiative allowing charters in 2012, the Seattle School board has adopted resolutions opposing charter schools, and public-school activists pack school board meetings to express their opposition to the schools’ expansion in Seattle. Melissa Westbrook, a schools activist who runs a very active blog about the Seattle school system, says she accepts that charters are “legal. But my main point is that they have to do things legally.” In other words: Green Dot’s zoning issue may be resolved, but their opposition isn’t going anywhere.

Morning Crank: All the Gee-Whiz Enthusiasm In the World

1. Yesterday, I broke the news that former Position 8 City Council candidate Sheley Secrest, who lost in last year’s primary election to Jon Grant and Teresa Mosqueda (Mosqueda ultimately won), is being charged with one count of theft and one count of false reporting over allegations that she illegally used her own money in an effort to qualify for up to $150,000 in public campaign dollars last year. To qualify for public campaign financing through democracy vouchers, which enabled every Seattle voter to contribute up to $100 last year to the council or city attorney candidate or candidates of their choice, a candidate had to get 400 signatures from registered Seattle voters along with 400 contributions of at least $10 each. Secrest denied the allegations to the Seattle Times earlier this year, before the charges were filed. She has not responded to my request for comment on the charges against her.

As I mentioned in my post, the former campaign staffer who first brought the allegations against Secrest to the attention of Seattle police, Patrick Burke is also saying she failed to pay him more than $3,300 for work he did as her campaign manager. (The Seattle Ethics and Elections Commission reports that the Secrest campaign paid Burke just over $1,300 and owes him $1,675, but says he was also promised 11.8 percent in bonus pay based on how many signatures and contributions he brought in.) Yesterday, Burke says, he had a hearing in a small-claims court case against Secrest, but says he and Secrest were unable to reach a deal through mediation, so the case will be heard before a judge next month.

Burke says he is now living at a Salvation Army homeless shelter. He says that by the time he left the campaign, his phone had been cut off and he couldn’t afford to pay for bus fare, so he was doing most of his work from a room he rented in Shoreline. He says Secrest told him repeatedly that if he could just hang on until she qualified for democracy vouchers, she would pay him everything she owed him. (Burke provided copies of what he says are text messages between himself and Secrest that support this.) “[Secrest] said, ‘If you can stick with this until we get the democracy vouchers, it will be worth your while,’” Burke says, “and I said, ‘If that’s what we need to do, let’s just push it and get done, but you have to understand that I can’t be at all the events that you need me to be at.” One point of contention, Burke says, involved $40 Secrest paid another person to design a flyer advertising a fundraiser at Molly Moon’s Ice Cream (Molly Moon’s owner, Molly Moon Neitzl, donated $250 to Secrest’s campaign.)

Secrest ended her campaign nearly $4,200 in the red. When a campaign ends up in debt after an election, it is generally up to the candidate to pay her vendors and employees, who have the right to pursue the former candidate in court if she fails to do so. In 2011, city council candidate Bobby Forch, who ran unsuccessfully against former council member Jean Godden, ended his campaign with $61,000 in debt, most of it—more than $48,000—to his former campaign consultant John Wyble. Wyble and Forch worked out a payment plan. If a campaign does not work out a way to pay its vendors, after 90 days, the amount they are owed turns into a contribution. For example, the $1,675 the Ethics and Elections Commission says Secrest owes Burke would become a $1,675 contribution, and since that amount is over the $250 individual contribution limit, the commission could launch an investigation into the campaign. However, the most the commission could do is fine Secrest—a solution that wouldn’t help ex-employees who are owed money like Burke. And Secrest is potentially in much more trouble now, anyway.

Secrest, for her part, says Burke “has been paid for all services performed before the date of his termination,” adding, “Washington is an at-will employment state, meaning an employer does not need cause to fire an employee.  In this matter, we repeatedly informed Patrick that we could not afford to keep him on staff. We clearly told him to stop working for pay, and we repeatedly told him that we will reach out once funds were available.” She sent her own screenshot of what she says is a text message exchange between her and Burke, in which she apologized that “we didn’t get fundraising in or qualified to pay you. You are a rockstar. As soon as I can pay staff I’ll reach out.”

3. Legislation currently moving through the state House, sponsored by Rep. Jake Fey (D-27), would broaden and extend the current sales tax exemption on electric vehicles, which was set to expire this year, until 2021 and would require all revenues that the state will lose because of the exemption come from the multimodal fund, which is supposed to fund walking, biking, and transit projects. Over three years, the bill report estimates, the tax exemption will cost the multimodal fund $17.65 million.

Electric-car proponents, including Gov. Jay Inslee and Seattle Mayor Jenny Durkan (who announced a number of new electric-vehicle charging stations this week), argue that electric vehicles are a major part of the solution to climate change. “Seattle will continue to lead on climate action and green energy innovation,” Durkan said in announcing the new charging ports this week.

But all the gee-whiz enthusiasm in the world won’t erase the fact that cars, even electric ones, enable sprawl, and sprawl is what destroys forests and farmland, causes congestion, paves over habitat, contributes to sedentary and unhealthy lifestyles, and is in every conceivable way anathema to a sustainable climate future. What we need are not technological quick fixes like electric cars and carbon sequestration, but large-scale solutions like urban densification and taxes on suburban sprawl. Standing next to shiny new Teslas is easy. Standing up for long-term solutions to the root causes of climate change is harder.

3. The city council-appointed Progressive Revenue Task Force met for the third time Wednesday, seeming no closer to finding any viable alternatives to the employee hours tax rejected by the city council last year than they were a month ago. (Perhaps that’s because they are ultimately going to propose… passing the employee hours tax rejected by the city council last year.) The meeting was taken up largely by a review of potential municipal revenue sources proposed by the progressive Center for American Progress in a 2014 report, most of which, staffers noted, were either already in place or unworkable in Seattle or Washington State.

The meeting did include a lively discussion about the cost of building housing for unhoused Seattle residents, and a mini-debate over which shelter clients will be prioritized for housing, given that there simply isn’t enough housing for everyone entering the city’s shelter system. “Basic” shelter, the task force learned, costs an average of $5,597 per bed, per year; “enhanced” shelter, which tends to be open longer hours and offer more services and case management, costs $14,873 per bed. (Advocates from SHARE/WHEEL, which lost funding from the Human Services Department during last year’s competitive bidding process, were quick to point out that their bare-bones mats-on-a-floor model costs much less than the average basic shelter).

Enhanced shelter, which is aimed at people who are chronically homeless, has lower overall exits to permanent housing than basic shelter, primarily because it’s aimed at people who are among the hardest to house, including those with partners and pets and those in active addiction. Of about 20,500 households the city anticipates it will serve with enhanced shelter every year, it estimates that just 2,000 will exit to permanent housing. “What, if any, cautions or counterbalancing is going on in evaluating the performance of the providers that were awarded contracts to ensure that they don’t meet their exits to housing [goals] by prioritizing the easiest to house?” task force member Lisa Daugaard asked, somewhat rhetorically. “That’s a good question,” council staffer Alan Lee responded.

The task force has until February 26 to come up with its proposal.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

BREAKING: Seattle City Attorney Charges Ex-Candidate Sheley Secrest With Theft, False Reporting

Seattle City Attorney Pete Holmes has filed criminal charges against former city council candidate Sheley Secrest, who allegedly used her own money to make it appear that she had more contributions toward the 400 required to qualify for democracy vouchers than she actually had. Secrest ran unsuccessfully for council Position 8, which is now held by Teresa Mosqueda, last year.

The charges include one misdemeanor charge of false reporting, which relates to the false reports Secrest allegedly filed with the Seattle Ethics and Elections Commission, and one gross misdemeanor charge of attempted theft, which refers to the potential $150,000* Secrest attempted to receive from the city through publicly funded democracy vouchers. The 2017 election was the first election in which candidates could qualify for democracy vouchers—$100 in contributions that voters can give to the candidate or candidates of their choice. To qualify for democracy vouchers, candidates had to get 400 signatures, along with small contributions of $10 or more, from Seattle voters. As the Seattle Times reported last year, Secrest’s former campaign manager, Patrick Burke, alleged that Secrest used $560 of her own money and misrepresented it as coming from voters who signed a petition to qualify her for the vouchers. (Secrest did not end up qualifying even with the disputed funds.)

Last year, Burke filed a police report charging that Secrest had told him to collect signatures and not to worry about getting the necessary corresponding contributions; after he turned in 56 signatures at the Trans Pride Festival and at a local high school, he says, Secrest pulled $600 in 20-dollar bills from her purse and handed him $560. Secrest has denied all the allegations.

Burke, who says he is now living at a Salvation Army homeless shelter, has also charged that Secrest failed to pay him more than $3,300 for his services as her campaign manager. (The Ethics and Elections Commission reports that the Secrest campaign paid Burke just over $1,300 and owes him $1,675, but says he was also promised 11.8 percent in bonus pay based on how many signatures and contributions he brought in.) He has a hearing this afternoon in his small-claims case against Secrest. (More about that in tomorrow’s Morning Crank.) ”

“[Secrest] said, ‘If you can stick with this until we get the democracy vouchers, it will be worth your while,'” Burke says, “and I said, ‘If that’s what we need to do, let’s just push it and get done, but you have to understand that I can’t be at all the events that you need me to be at.” Burke says that by the time he was fired from the campaign, in July of last year, he could not afford to keep his phone on or pay for bus fare; part of his dispute is that Secrest paid new vendors before she paid him.

Secrest says Burke “has been paid for all services performed before the date of his termination,” adding, “Washington is an at-will employment state, meaning an employer does not need cause to fire an employee.  In this matter, we repeatedly informed Patrick that we could not afford to keep him on staff. We clearly told him to stop working for pay, and we repeatedly told him that we will reach out once funds were available.”

I have reached out to Secrest for comment on the charges against her, and will update this post if she responds.

The penalty for the simple misdemeanor charge is up to three months in jail and a fine of up to $1,000; for the gross misdemeanor, up to five years in jail and a fine of up to $5,000.

In Portland, voters shut down a similar public-financing program after one candidate misappropriated more than $90,000 in public funds, and another was convicted for forging signatures.

This is a breaking news post and I will update as more information becomes available.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: “Unprecedented” Bipartisan Testimony

1. The state Public Disclosure Commission, which enforces campaign finance rules, keeps tabs on lobbyists, and provides a library’s worth of public information about every campaign in the state, has been inundated over the past year by citizen complaints. One very particular citizen, actually: Glen Morgan, the former Freedom Foundation fellow and director of the Citizens Alliance for Property Rights, who has filed nearly 300 complaints with the agency against Democrats and progressive groups in the past three years. (He has filed a smaller number of complaints with the attorney general’s office, which has 45 days to respond before a citizen filing a complaint can indicate their intent to file a lawsuit; if another 10 days go by with no action from the state, the citizen complainant can sue the person or campaign he feels is violating campaign-finance law.)

Some Democratic organizations have spent down their treasuries and dissolved their political arms in response to the onslaught; others are facing fines of tens of thousands of dollars for violations ranging from  late reports to reports they failed to file at all. This is less of an issue for large, well-funded organizations like the state Democrats or unions like SEIU 775 than it is for small, volunteer-run district party organizations, which often have only a few hundred dollars in the bank and can scarce afford to pay attorneys, much less cough up $10,000-plus fines. The complaints Morgan files are often about violations most observers would find trivial—failing to report the number of copies that were made when paying a printer, for example, or filing a required report one day late.

Morgan, who started filing complaints after local Democrats alleged he violated campaign finance law in a series of misleading robocalls against Democrats running for Thurston County Commissioner in 2016, has only filed complaints against Democratic groups, but he contends his point isn’t that Democrats are uniquely bad at following the law—it’s that the whole system is broken. “Nobody cares about a conservative activist saying all this. It’s irrelevant,” Morgan says. “So you have to demonstrate it by proving that there’s a problem with the widest variety of people possible.”

But Dmitri Iglitzin, a Seattle attorney who has represented several of the Democratic Party groups Morgan is pursuing, says that while Morgan “says he wants to create a crisis and show how screwed up the system is—which he’s done—the fact that he’s only gone after progressive groups and is a former Freedom Foundation Fellow and head of a right-wing organization (the Citizens Alliance for Property Rights) shows that his agenda is to wipe out Democratic party organizations and progressive organizations from the political sphere.”

Whether or not that’s the case, reforming the original law that led to the current, rather byzantine system of campaign-finance reporting—and that turned the Attorney General’s office into a useful bludgeon for activists like Morgan—is a bipartisan issue. Yesterday, the heads of the King County Democrats, Bailey Stober, and the King County Republicans, Lori Sotelo, testified together before the House State Government, Elections, and Information Technology Committee about a bill proposed by Rep. Zach Hudgins that would force complainants like Morgan to file their complaints at the PDC first instead of filing simultaneous complaints with the attorney general’s office. The PDC would have 60 days to take action on a complaint before a citizen could escalate it up to the AG, and the AG would have a longer time—60 days, not 45—to decide whether to take action. The bill would also bar citizens from filing complaints with the AG’s office for violations that amount to less than $25,000.

In his testimony, Stober said the PDC had been “weaponized” against political parties. Sotelo added that the two party leaders had taken the “unprecedented action” of appearing together to demonstrate how important it was to reform the state public disclosure law. They were less sanguine about a separate provision in the bill that would increase the maximum the PDC can fine a candidate or committee from  $10,000 to $50,000.

Morgan testified too, calling the bill an inadequate response to the problems with the public disclosure law. He did not say whether he was on board with the provision quintupling the fine for violating the law.

2. The last major hurdle preventing the city from completing the “Missing Link” of the Burke-Gilman trail in Ballard fell yesterday, when Seattle deputy hearing examiner Ryan Vancil decided that the city’s environmental impact statement is adequate and rejected opponents’ arguments against building the trail. “The weight of the evidence presented supports the determination of the [final environmental impact statement] that the Preferred Alternative will improve safety for non-motorized users over existing conditions,” Vancil wrote in a 20-point, 21-page opinion dismantling every argument the opponents made.

It has been a long road for trail proponents, who have been battling to complete the 1.4-mile gap in the trail for nearly three decades. Currently, cyclists heading through Ballard on the Burke-Gilman must detour through a path that is poorly maintained and crisscrossed by multiple railroad tracks; accidents and injuries are common. Missing Link opponents, including Salmon Bay Sand and Gravel and the King County Labor Council, argued that the presence of cyclists in an industrial area would threaten businesses’ viability and endanger jobs.

In a tweet posted right after the decision came down, council member Mike O’Brien—a daily cyclist and Missing Link proponent since before his election to the council, in 2009—said, “At last! We can move forward to complete the missing link of the Burke-Gilman Trail. I look forward to [Mayor Jenny Durkan] and [the Seattle Department of Transportation[ taking quick action to complete the Burke-Gilman, providing a safer and sound alignment for pedestrians, bicyclists, cars and trucks.”

3. The Seattle Metropolitan Chamber of Commerce picked a new leader to replace outgoing CEO (and former deputy mayor) Maud Daudon yesterday: Former Tacoma Mayor Marilyn Strickland, who will be the first black woman (and the second woman ever) to lead the business group. As Sound Transit board vice-chair, Strickland was a vocal advocate for light rail and a cautionary voice against legislation, just passed by the state  House, that could cut funding for ST3 by more than $2 billion.

By business-establishment standards, Seattle’s business community is unusually progressive, often endorsing measures (like the recent Sound Transit 3 ballot measure and the recent housing levy) supported by the left. The choice of Strickland over other potential leaders (former deputy mayor and Downtown Seattle Association head Kate Joncas was rumored to be in the running) may help assuage fears that the Chamber would respond to recent tax talk in Seattle (including discussion of the employee hours/”head” tax, which they oppose) by choosing a more conventional or conservative leader to take the chamber in a more conservative direction.

 

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: “This Is Our Dakota Access Pipeline Moment”

1. Environmental activists and tribal leaders have been waging a quixotic battle against Puget Sound Energy’s proposed liquefied natural gas (LNG) plant at the Port of Tacoma for months, but many Seattle residents just took notice in the past couple of weeks, after socialist council member Kshama Sawant proposed a resolution that would have condemned the plant as “an unacceptable risk” to the region.

Sawant had hoped to move the resolution through the council without sending it through the usual committee process, arguing that it it was urgent to take a position on the plant as quickly as possible. Last week, at the urging of council member Debora Juarez—an enrolled member of the Blackfeet Nation who once lived on the Puyallup Reservation—Sawant agreed to add language noting that numerous Northwest tribal groups, including the Puyallup tribe, have expressed their strong opposition to the LNG plant but have not been included in the Puget Sound Clean Air Agency’s environmental review process. Last week’s amended resolution also noted the need for intergovernmental partnerships between the PSCAA and the tribes, as required, according to the resolution, by “local, state, and federal permitting and other approval processes.”

But several council members, including Juarez, Teresa Mosqueda, Lisa Herbold, and Sally Bagshaw, still felt the resolution needed work, and they spent the weekend, starting last Thursday, drafting a version that eliminated some of Sawant’s more incendiary (pun intended) references, including two “whereas” clauses about the 2016 fire that claimed several businesses in Greenwood and sections urging both the public and Mayor Jenny Durkan to actively oppose the facility. Sawant protested that she had not been included in the process of drafting the latest version of her resolution—”I just want everyone to know that I’m not responsible for those changes,” she said Monday morning—but council members reportedly reached out to her by phone throughout the weekend and never heard back.

The basic question at issue, Juarez argued, isn’t really whether Seattle should meddle in “Tacoma’s business,” or labor versus tribes or labor versus environmentalists. It’s about the fact that climate change has a disproportionate impact on low-income people and people of color, particularly the nine tribes whose land is located in the four-county Puget Sound region, and that those tribes were not consulted in the siting or permitting process. “This is an issue that transcends any political, legal, or jurisdictional lines that people have drawn,” Juarez said. “This is our Dakota Access Pipeline moment, except that we are on the front end of this.”

Whatever the merits of that argument (some members of the labor community, for example, have argued that environmental  protection and tribal sovereignty shouldn’t trump the potential for job creation at the plant), the debate quickly pitted Sawant against other council members who supported, as Sawant put it, “postponing” the resolution. Juarez, in particular, seemed perturbed by the crowd of (largely white) activists who showed up to express their support for Sawant’s amendment and to cheer loudly throughout Sawant’s speeches, which took up nearly 20 minutes of the two-hour meeting. “I mean no disrespect to the advocates, activists, environmentalists, and other groups that align themselves with native people,” Juarez said, but “we’re not a club. We’re not a political base. We’re not a grassroots organization. We are a government. … We will not stay in our lane.” To that, Sawant responded, “This is not about government-to-government relations. This is about the lives of ordinary people, many of whom are native, but others who are not. … I don’t’ think that we should in any way accept this kind of divisive language that native people are the only real speakers and others don’t get to speak. No, all of us have a stake in this.”

Noting that the Puget Sound Clean Air Agency recently ordered further environmental review of the project, council president Bruce Harrell argued yesterday that there was no real risk in delay, telling Juarez, “I think that your advocacy that the native communities have not been consulted properly or even legally is a great point… We haven’t really had any public process on this issue.” Several council members, saying that they hadn’t seen the latest version of the legislation by late yesterday morning, just hours before they were supposed to vote on it, agreed, and the council sent the measure to Juarez’s Civic Development, Public Assets & Native Communities committee for a rewrite.

2. Public comment was mostly muted during the first council meeting on the proposed citywide Mandatory Housing Affordability proposal, which will allow small density increases in six percent of the nearly 26,000 acres zoned exclusively for single-family housing in Seattle. (That number includes parks and open space, but not rights-of-way, such as streets; when green space is excluded, single-family houses and their yards cover nearly 22,000 acres of the city, or nearly two-thirds of the city’s residential land.)  One speaker said that residents of her neighborhood come “unglued” when they find out about new buildings that don’t have parking; another called the Grand Bargain that authorized MHA a “sham bargain,” which probably sounded more clever on paper. And then there was this lady, from a group called Seattle Fair Growth:

Don’t expect density opponents to accept what they’re (misleadingly) calling a “citywide rezone” without a fight. The first public open house on the proposal is at 6:00 tonight at Hamilton Middle School in Wallingford; District 4 rep Rob Johnson, who heads up the council’s land use committee, said he’ll be there at 7.

3. I somehow missed this when it happened, but Elaine Rose, the longtime president of Planned Parenthood Votes Northwest and Hawaii, left the organization at the end of December with little fanfare and, as far as I can tell, no public announcement. Rose’s departure leaves a major agency without a permanent leader going into a short legislative session with several key bills under consideration*; an ad announcing the open position went out on a local employment listserv last week. (Planned Parenthood also listed a fundraising position earlier this month.) I’ve contacted Planned Parenthood and will update this post if I get more information about Rose’s departure.

*Full disclosure: I was communications director for NARAL Pro-Choice Washington, a reproductive rights advocacy group, until April 2017, and I do communications consulting for NARAL for approximately 3.5 hours a week. NARAL often partners with Planned Parenthood on advocacy efforts, but I found out Rose had left PPVNH through the WHOW list, which is not connected to either group.

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Aziz Ansari Isn’t Harvey Weinstein. That Doesn’t Mean We Can’t Talk About Boundaries and Consent.

This post originally ran at the South Seattle Emerald. 

It has been two weeks since a formerly obscure website called Babe.net published a piece describing a troubling sexual encounter between an anonymous 23-year-old woman, “Grace,” and 34-year-old comedian Aziz Ansari.

According to Grace’s account, Ansari pressured her to have sex with him, placed her hand on his crotch a half-dozen times, pointed to his penis and motioned for her to give him oral sex, and repeatedly shoved his fingers down her throat. Grace said she gave Ansari numerous verbal and nonverbal cues that she wanted to stop or slow down—leaving the room, telling him “no,” saying that she didn’t want to feel “forced,” and even going limp and “cold” while he tried to kiss her. Eventually, Grace got up and left, texting Ansari later to say that she had been deeply uncomfortable with their encounter.

For a second, it seemed like we were going to finally have a national conversation about sexual coercion, consent, female pleasure, and male privilege. It seemed inevitable that we would discuss the profoundly disturbing fact that even in the era of #TimesUp #MeToo, a shockingly high percentage of sexual encounters between men and women end with the woman “giving in,” or going numb, or leaving in tears.

 

But then, after a minute or an hour or another drink, he decides to keep pushing, and now he’s pawing at your clothes or pushing your head down into his lap or putting your hand on his crotch, hoping to wear down your resistance. After all, pushing has worked for him so many times—like all men, he’s been taught explicitly or implicitly that sex is a negotiation, in which the man badgers and the woman relents.

 

But that conversation was quickly sidelined by the backlash to Grace’s story—by feminists who said the sloppiness of Babe’s reporting undermined the larger conversation about consent, by left-leaning women who mocked Grace’s experience as a rite of passage that young women must suffer, by anti-feminists who said that even discussing Ansari in the context of “real” offenders like Harvey Weinstein undermined the #MeToo movement, and by other anti-feminists who argued that requiring men to read women’s signals or listen to their words somehow infantilizes women. Ansari, an experienced actor and comedian who wrote a best-selling book about relationships between men and women, was given the benefit of doubt and forbearance one would grant a small child, as someone who couldn’t possibly be expected to read minds, as an “aspirational” Muslim who was being “assassinated” by a vindictive woman, as a young man “in the confused beginning [of his] dating [life].” (Ansari will turn 35 next month).

Fewer people wanted to talk about the central issue the story raised, which is the fact that lack of consent exists on a spectrum, and that encounters where women just give in is part of that continuum, just like violent rape and partner rape and sexual assault against women too drunk to consent. But because our society still requires perfect victims and multiple witnesses and multiple accusations from multiple women to even consider the possibility that a man has committed sexual assault, we rarely get close to discussing the grayer areas of the spectrum, where men who would never consider violently raping a woman think nothing of pushing and pushing until they get their way.

And yet virtually every woman has been in the exact kind of situation Grace describes. You’re alone with a man, fooling around, and at some point, you establish a boundary. Most likely, you do it gently, especially if the man you’re alone with is someone you don’t know well. “Can we just slow down for a minute?” “I don’t feel comfortable doing that right now.” “Let’s go in the other room and talk for a while.” “Can you be a little more gentle?” “I’m not ready for this.”

He may pause for a while, and you think, “Whew. That’s over.” “Of course,” he says, leading you into the next room. But then, after a minute or an hour or another drink, he decides to keep pushing, and now he’s pawing at your clothes or pushing your head down into his lap or putting your hand on his crotch, hoping to wear down your resistance. After all, pushing has worked for him so many times—like all men, he’s been taught explicitly or implicitly that sex is a negotiation, in which the man badgers until the woman relents.

“Bad sex” is sex he takes from you. “Bad sex” is sex where you leave your body and just let it happen. “Bad sex” is any sexual activity that you don’t really want to do, but you do anyway, because it’s the only way to make him stop pestering you. “Bad sex” is sex you give him because it would cost too much to slap him in the face, or tell him to fuck off, or get up and leave.

 

Eventually, you may get up and leave. Or you may go limp. You may stop moving your lips and turn cold, as Grace did. You may take another drink and let the numbness sink into your bones. You may lie back and wait until it’s over or give him whatever it is he wants and sort of float somewhere outside your body while it happens. You may tell yourself, “This will be over in a minute, then I can leave and never see this guy again.” Or you may see him again and offer timidly, “Hey, it was a little weird when….” You may go home with him again and hope it will be better this time.

What you are not too likely to do is slap him, punch him, or run out the door—the solutions many writers have offered up for women trying to escape an uncomfortable situation, usually preceded by “Why didn’t she….” Usually, what makes women stay isn’t a fear of physical violence. It’s the fact that women are socialized, starting practically at birth, never to make things ugly, or hurt a man’s feelings, or give offense. Unlearning those lessons is harder than just walking away from awful sexual encounters, too, because they’re embedded in every facet of women’s lives, from the expectation that we let men talk over us in meetings and present our ideas as their own to the fact that many of us say “I’m sorry” a hundred times a day, not because we are sorry but because we’ve been taught, by instruction and example, that that’s how women get by.

So you sit there, or you lie there, and let him take what he wants, whether it’s oral sex or more nudity than you’re comfortable with or touching you somewhere you don’t want to be touched. One writer described this latter scenario as a game of “touch-roulette … you try to decide the least awful places and ways to let this person touch you because you’re not getting out of the night without letting him touch something in some way.” It is gross and demeaning and dehumanizing. And for straight, sexually active women, it’s a near-universal experience.

We even have a name for it: “Bad sex.”

“Bad sex” is sex he takes from you. “Bad sex” is sex where you leave your body and just let it happen. “Bad sex” is sex where you fake an orgasm to get it over with, because that’s part of the performance he expects. “Bad sex” is any sexual activity that you don’t really want to do, but you do anyway, because it’s the only way to make him stop pestering you. “Bad sex” is sex you give him because it would cost too much to slap him in the face, or tell him to fuck off, or get up and leave.

What “bad sex” isn’t is bad sex. It’s sexual coercion, and it exists on the exact same spectrum as Harvey Weinstein and Matt Lauer and Charlie Rose. The existence of a spectrum—and, yes, gray areas—doesn’t mean that we should only discuss one end of that spectrum, the part everyone can agree is unequivocally bad. Despite what you may have heard,  women are more than capable of understanding the difference between violent rape and sexual harassment and sex you said no to but ended up letting him do to you anyway. We should be talking about all of it.

We’re still crossing ten lanes of traffic to find excuses for predatory men’s behavior, and to find reasons to discount women’s stories. We’re still more concerned about the entirely fictional ruination of men like Aziz Ansari than we are about the women they hurt.

 

In fact, the fact that “bad sex” happens so often—and has so many apologists—is a reason to talk about that end of the spectrum of nonconsensual sex more. It’s 2018, and we’re still earnestly debating whether consent has to be enthusiastic, and whether we should put all or just most of the blame on women when men fail to read our mysterious “signals.” We’re still wondering whether men are just too dense or lack the emotional intelligence to perceive whether their sexual partners are actively participating or just acquiescing. We’re still fretting more about whether a report about a sexually coercive encounter was thoroughly reported than the fact that coercive sex is ubiquitous.

We’re still more concerned about the entirely fictional ruination of men like Aziz Ansari than we are about the women they hurt. (See, just this morning, anti-faminist writer Caitlyn Flanagan’s latest concern-trolling piece claiming that society has punished Ansari and Harvey Weinstein equally.) We’re still crossing ten lanes of traffic to find excuses for predatory men’s behavior, and to find reasons to discount women’s stories. (She’s too young to know that what she went through was normal; she just wanted to get famous; she has it in for him; she did something and then regretted it the morning after and now she’s trying to blame the man.) We’re still treating enthusiastic consent, the idea that sex should be pleasurable to both parties, as a new and radical concept, one that men will need a good long time to grasp and put into practice. “Bad sex,” to men, is sex that ends with a slightly suboptimal orgasm. To women, it’s sex that ends with us leaving in tears. Why is that acceptable to anyone?

And yet, there are reasons for optimism. Social change often happens quickly. (Affirmative consent isn’t a new concept anyway—I learned about it in college, and Carole Pateman, among others, was writing a counternarrative about consent back in 1980.) Marijuana, once considered as dangerous as heroin, is now legal in some form in all but a handful of states. Abortion was illegal almost everywhere, then became legal, with restrictions, virtually overnight. Same-sex marriage was unthinkable in mainstream political circles 20 years ago, but now it’s the law across much of the land.

The most optimistic reading of all the #MeToo backlash, including the fevered defenses of Ansari against an imaginary horde of radical feminists out to ruin his career and reputation, is that it’s a sign that women’s sexual autonomy is being normalized. Sometimes, the voices favoring a retrograde status quo are loudest just before an epochal shift. Maybe this backlash is a death rattle.