UPDATED: Initiative Would Criminalize Sleeping Outdoors in King County

From the website of the King County Quality of Life Coalition

By Erica C. Barnett

Editor’s note: This post has been updated with comments from initiative backer Saul Spady and reposted.

Saul Spady—Dick’s Burgers scion, anti-tax election activist (twice over), and KIRO radio fill-in host—has filed an initiative that would criminalize “unauthorized camping and storage of personal property” in unincorporated King County. The proposal, which Spady has dubbed “the Compassionate Public Safety Act,” would make sleeping outdoors or “storing” property in public a misdemeanor; similar to the total sleeping ban in Burien, the initiative would give police power to arrest people who fall asleep in public.

The ballot language, approved by the King County Prosecutor’s Office, says the measure “would not be enforced when overnight shelter is unavailable,” then lists exceptions to that rule that would allow police to make arrests if they determine the person sleeping “poses a substantial danger to any person, an immediate threat and/or risk of harm to public health or safety, or a disruption to vital government services.”

“I think camping bans are part of promoting better policy, which is a commitment to saying, in our community, we would much rather you go to shelter or rehab or housing,” Spady told PubliCola on Wednesday. “This is supposed to put the fire underneath [elected officials] to open those shelter beds and partner with [groups like] LEAD or The More We Love or Mary’s Place to create a more direct solution.”

The carveouts in the proposed ballot measure are similar to the exemptions included in Seattle’s official policy on encampments, which guarantees unsheltered people 72 hours’ notice before a sweep unless they or their belongings constitute an “immediate hazard or obstruction.”

For years, the city has interpreted that exemption very broadly to allow sweeps of tents in public spaces, including parks, sidewalks, and planting strips—basically, anywhere housed people might complain about the presence of homeless people.

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In a press release announcing the initiative and the creation of a new group called the Quality of Life Coalition earlier this month, initiative supporter and Nirvana bassist Krist Novoselic said, “As an avowed independent and music fan, I know the world is coming to Seattle looking for the soul of our music scene and quite often they find graffiti, addiction and in-action [sic]. … [This is the first step toward making King County safe, livable, and worthy of our incredible cultural legacy I’m proud to be a part of.”

The Quality of Life Coalition also plans to propose an initiative that would force anyone who “commits three crimes linked to addiction, such as OD’ing, theft, or public drug use” (note: overdosing is not a crime) into mandatory six-month rehab, and one that would impose mandatory five-year jail sentences for any drug dealer who “is not an addict.”

Although Spady said service providers have told him there are more than enough available shelter beds for everyone experiencing homelessness in unincorporated King County, he added that the coalition’s long-term plans include “adding 2,500 short-term beds across the region.”

Spady acknowledged that it’s hard to discern which people selling drugs are addicts, versus “somebody who’s sober doing something that kills people,” but noted that a mandatory five-year minimum sentence for dealing drugs is less than the 10-year minimum proposed by the Trump administration.

Asked about the probably astronomical cost of funding mandatory long-term residential treatment for every person who overdoses or commits addiction-related misdemeanors three time, Spady argued that addiction, crime, and the cost to send firefighters to reverse overdoses create “costs to society that are spiraling. If you want the [reason] why I’m doing this, my fear is that Seattle is a lot closer to Detroit in the 80s and 90s than we think, and our  magic economic spaceship that never runs out of money could break.”

The ideas Spady is proposing—three-strikes laws for overdoses, punishing public drug use through what amounts to involuntary commitment—may seem out of step with King County values. But they aren’t much different from the policy City Attorney Ann Davison endorsed toward drug users last year, saying that anyone who overdoses three times should be arrested and thrown in jail.

Spady’s group is collecting signatures now. They’ll need around 6,800 valid signatures to get the measure on a future ballot.

Business Tax Plan Moves Forward, Larded With New Exemptions and Spending Categories

By Erica C. Barnett

The Seattle City Council moved a heavily amended proposal to raise business and occupation taxes on larger companies one step closer to the ballot on Wednesday, approving the measure in the budget committee while leaving open the possibility that it could be amended further next week, when it goes to a full council vote.

The proposal would exempt all gross business revenue up to $2 million from local B&O tax, raising taxes on the highest-grossing businesses to offset the small-business tax relief and pay for programs that might otherwise be cut due to a projected $241 million budget deficit.

The potential ballot measure, proposed by City Councilmember Alexis Mercedes Rinck and Mayor Bruce Harrell late last month, was originally supposed to raise about $90 million a year to fund programs that support food access, gender-based violence services, small business supports, emergency shelter, homelessness prevention, workers’ rights and protections, and housing stability.

Rinck has been calling the proposal the “Seattle Shield” bill, because it’s meant to shield Seattle from the worst impacts of federal cuts to critical, life-saving services.

Thanks to amendments piled on Wednesday afternoon by Rinck’s colleagues Maritza Rivera, Joy Hollingsworth, and Rob Saka (plus a potential future amendment from Dan Strauss), the proposal is on track to bring in about $11 million a year less than originally estimated. The council’s amendments also broadened the measure so it can fund programs far outside its original scope.

Introducing two amendments that will exempt Seattle Children’s Hospital and Fred Hutchinson Cancer Care from the tax, at an estimated annual revenue reduction (or cost) of more than $9 million, Rivera argued that funding for cancer treatment and pediatric care represented “the very problem this bill is claiming to address—that is, impacts to our residents, including our kids, based on federal cuts and policy changes attacking those who need these critical services.”

Rivera added that when Rinck and Harrell first proposed the tax, “it was not clear that that nonprofits pay B&O tax.” In Washington State and in Seattle, most nonprofits are taxed exactly the same as for-profits, except that some of their fundraising activities are tax exempt. “These are nonprofits, these are not businesses,” Rivera said of the two hospitals she singled out for exemptions.

Strauss plans to propose an additional tax exemption for stevedoring—companies that load and unload cargo from ships—on the grounds that maritime trade is critical to Seattle. That exemption, which Strauss said he’d introduce on Monday, would reduce the proceeds from the new tax by another $1.5 million a year. In all, the new exemptions could reduce annual revenues from the tax by almost $11 million, or around 12 percent.

The city doesn’t have precise revenue estimates because businesses—including hospitals structured as nonprofits—don’t have to report their revenues publicly.

After voting for the two exemptions, Rivera and Nelson blanched at the idea of increasing the size of the tax to make up for lost revenue, saying they hadn’t had a chance to thoroughly study the impact of such a rate increase. “It’s unfortunate that this was sort of—that this landed in our laps at the sort of the last minute,” Nelson said. “It just feels rushed to me. … It’s unfortunate that this didn’t come to us earlier in the year.”

Rinck countered that the only reason she brought up the idea of increasing the tax rate was the last-minute amendments from Rivera and Strauss; had they not introduced new tax exemptions in the last week, she wouldn’t have proposed increasing the tax to offset the losses their exemptions would cause.

“If we had known about any tax credits coming sooner than on Monday, I think we would have worked quickly to try and understand what an adjusted rate would look like,” Rinck said.

In addition to the exemptions, the council also adopted several amendments expanding how the new tax, if it passes, can be used. The changes will allow this council, and future councils, to spend the so-called Seattle Shield dollars not just on human services and homelessness programs but on “transportation projects” of all kinds, arts and culture programs, anything related to public health, business workforce development, storefront repairs, and substance use treatment, among other new spending categories.

Rinck, and others who opposed expanding the proposal so far beyond its original purpose, noted that the city already has dedicated funds that pay for arts (the admissions tax), workforce development (the Families, Education, Preschool, and Promise levy), and transportation (the recently renewed transportation levy, which is the biggest in the city’s history). Saka justified including transportation on the potential spending list because Trump has threatened to pull transportation funds from cities, like Seattle, that have low marriage and birth rates.

The impact of adding so many new spending categories to the legislation is unknown. Public commenters, including advocates for people at risk of going hungry in Seattle, expressed concern about spreading the “peanut butter” of limited funding too thin by using the tax proceeds as a slush fund for individual council members’ priorities.

The committee also approved an amendment from Councilmember Bob Kettle, who was absent, that will require the mayor’s office to come up with high-level balanced budget proposals for two years beyond the scope of the biennial budget. Last year, Harrell proposed a budget that was balanced through 2026 but fell out of balance in 2027, with a total projected deficit of $158 million between 2027 and 2028. Another Kettle amendment passed that would remove a sunset date of 2033 (with the possibility of a four-year extension) and lower the tax rate beginning that year.

The full council will take up the proposal next Monday, just before the August 5 primary election that marks the deadline to get it the measure on the November ballot. On Monday morning, the city’s Office of Economic and Revenue Forecasts will present its latest revenue projections, which will reveal whether this year’s budget deficit is smaller or larger than the $241 million shortfall projected in April.

Council Finally Seats Renters Commission, New Council Rules Allow Longer Public Comments

1. After an overload of drama last week, the Seattle City Council quietly approved all 14 nominees to the Seattle Renter’s Commission—an advisory body that has had just five members (all of whose terms are now expired) for the past 18 months. The appointments were part of the council’s consent agenda, and all seven council members who were present (Maritza Rivera was excused) voted to approve them, along with several other nominees to unrelated commissions.

As we reported last Wednesday, Councilmembers Sara Nelson and Rob Saka skipped out on the housing and human services committee meeting at the last minute, depriving the committee of a quorum and wasting the time of the nominees who showed up in person and online expecting to finally receive their long-delayed confirmations. Solomon and Alexis Mercedes Rinck held a “community discussion” of the appointments and other business on the committee agenda in lieu of the scheduled committee meeting.

Nelson told Solomon she wouldn’t attend the meeting on Tuesday, after receiving an email from former councilmember Moore urging her to not let the appointments move forward.

Saka, who was cc’d on a late-night email from Moore touting her proposed alternative to the renters’ commission, which would have added seven landlords to the mix, told Solomon he wouldn’t be attending the meeting just minutes before it started, citing unspecified personal matters for his unexcused absence.

During a council briefing meeting on Monday, Saka told his colleagues that “right before that meeting, on the bus to City Hall, I got some uncomfortable calls and and that really impacted my ability to to show up in a public meeting … and so in any event, I make no apologies for the decision.” Saka dismissed suggestions that he sat out the vote in order to deprive the committee of a quorum as a “grand conspiracy” with no factual basis.

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2. Also Tuesday, the council passed a new rule that will effectively prevent the council president and committee chairs from cutting public comment short just because they feel like it.

Currently, the person who’s chairing a meeting can decide, based entirely on their own feelings in the moment, to restrict comments to one minute instead of the standard two and to limit the amount of time allowed for public comments, depriving people of the opportunity to speak to their representatives.

This broad discretionary power has caused major problems in the recent past, as Council President Nelson has repeatedly shut down public comment and closed down the council chambers after would-be commenters have loudly protested being cut off. (Moore, who often took umbrage at critical public comments, once suggested that a group of people who had been locked out of council chambers planned to rush the dais and assault the council because they were pounding on the walls.)

The new public comment rule, proposed by frequent Nelson antagonist Dan Strauss (who will, if Nelson isn’t reelected this year, be the council’s most senior member and a contender for council president), increases the minimum time allotted for public comment from 20 minutes to an hour and stipulates that if there are fewer than 30 commenters, they will each get two minutes to speak. If the number of commenters is between 30 and 60, they’ll get a minute, and if there are more than 60, they’ll still get a minute unless the council president or committee chair sets a lower time.

Initiative Would Criminalize Sleeping Outdoors in King County

From the website of the King County Quality of Life Coalition

By Erica C. Barnett

Saul Spady—Dick’s Burgers scion, anti-tax election activist (twice over), and KIRO radio fill-in host—has filed an initiative that would criminalize “unauthorized camping and storage of personal property” in unincorporated King County. The proposal, which Spady has dubbed “the Compassionate Public Safety Act,” would make sleeping outdoors or “storing” property in public a misdemeanor; modeled after a similar total sleeping ban in Burien, the initiative would give police power to arrest people who fall asleep in public.

The ballot language, approved by the King County Prosecutor’s Office, says the measure “would not be enforced when overnight shelter is unavailable,” then lists exceptions to that rule that would allow police to make arrests if they determine the person sleeping “poses a substantial danger to any person, an immediate threat and/or risk of harm to public health or safety, or a disruption to vital government services.”

These carveouts are similar to the exemptions included in Seattle’s official policy on encampments, which guarantees unsheltered people 72 hours’ notice before a sweep unless they or their belongings constitute an “immediate hazard or obstruction.” For years, the city has interpreted that exemption very broadly to allow sweeps of tents in public spaces, including parks, sidewalks, and planting strips—basically, anywhere housed people might complain about the presence of homeless people.

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Spady did not respond to a request for an interview. In a press release announcing the initiative and the creation of a new group called the Quality of Life Coalition earlier this month, initiative supporter and Nirvana bassist Krist Novoselic said, “As an avowed independent and music fan, I know the world is coming to Seattle looking for the soul of our music scene and quite often they find graffiti, addiction and in-action [sic]. … [This is the first step toward making King County safe, livable, and worthy of our incredible cultural legacy I’m proud to be a part of.”

The Quality of Life Coalition also plans to propose an initiative that would force anyone who “commits three crimes linked to addiction, such as OD’ing, theft, or public drug use” (note: overdosing is not a crime) into mandatory six-month rehab, and one that would impose mandatory five-year jail sentences for any drug dealer who “is not an addict.”

Sounds nuts to you, maybe, even logistically impossible—how are dealers supposed to prove they’re addicted, exactly, and how would King County jails handle the influx of low-level dealers who’d get swept up in such a law? But it’s not much different from the policy City Attorney Ann Davison endorsed toward drug users last year, saying that anyone who overdoses three times should be arrested and thrown in jail. Spady’s group is collecting signatures now.

Seattle Nice: Is Trump’s Executive Order the End of Housing First?

By Erica C. Barnett

Freaked out about the Trump Administration’s latest executive order, which calls for “ending crime and disorder on America’s streets” by ending Housing First, arresting people with addiction and mental illness, and punishing people for sleeping outside?

Our guest on Seattle Nice this week, Lisa Daugaard, says people should read past the scary headlines and the tough-guy hyperbole of Trump’s press release and look at what the executive order actually does. Daugaard, the co-executive director of Purpose Dignity Action (formerly the Public Defender Association), is a longtime proponent of housing first—the theory that stable housing is a prerequisite for long-lasting recovery. After reading the order, she told us she believes it was written by people who knew what they were doing.

For one thing, the order doesn’t explicitly call for defunding anything, except (entirely theoretical—that is, nonexistent) federally funded programs whose purpose is “only [to] facilitate illegal drug use and its attendant harm.” Although the order does call for more civil commitment, it doesn’t change the law in places like Washington State, which already has laws allowing involuntary commitment in some circumstances. In some circumstances, Daugaard said, the order holds out the possibility of more funding for evidence-based programs.

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“They’re certainly trying to accomplish some turning of the ship, and I think in most respects … this is not terribly problematic, if maybe not problematic at all, and maybe holds out the prospect of increased resources in areas where we really need those,” Daugaard said. “So I think in general, people are responding to the politics and not to the language of the actual order, and that that’s understandable, but maybe not wise.”

I pushed back a bit on Daugaard’s apparent optimism—which, to be clear, does not apply to the entire Trump Administration and its policy apparatus—noting that even if smart people who care about health and human services wrote it with the intention of making it as harmless as possible, the Trump Administration is unpredictable and has a history of not following the law. Sandeep added that right-wing activists are already portraying the order as a devastating loss for “the homelessness industrial complex.”

Daugaard said left-leaning activists and leaders shouldn’t take the bait. “We need to define ourselves as largely aligned with the values that this order enunciates and lower the temperature by saying that’s the [what the order calls for is] the work we want to do,” she said. “We don’t want to leave people camping in public. We don’t want to foster lifelong drug use with a low ceiling on people’s recovery capacity. And we need additional resources to make that a reality.”

Council Appoints Juarez to Serve Out Cathy Moore’s Term, Accusations Fly Over Democracy Voucher Collection

1. In a vote that was as much of a foregone conclusion as their decision to appoint unsuccessful former candidate Tanya Woo to fill Teresa Mosqueda’s old seat in 2024, the Seattle City Council chose former District 5 councilmember Debora Juarez to take over for Cathy Moore, who stepped down this month after just 18 months in office. Juarez decided not to run again in 2023, clearing the way for Moore; she said she decided to return to public office after seeing footage of federal agents taking down US Sen. Alex Padilla for asking a question about immigration.

The decision, which could have theoretically taken multiple rounds of voting as council members nominated other candidates among the six so-called finalists, took just one vote. Seven council members voted for Juarez; only one, Alexis Mercedes Rinck, chose another candidate—former Cathy Moore opponent Nilu Jenks.

Explaining her support for Juarez, Council President Sara Nelson (who’s up for election this year), said she understood the need to pay attention to drug use and related issues in the North Seattle district.

“There are a lot of services for low-income and homelessness advocacy organization up there and what I hear from District 5 constituents, and businesses, but constituents, is… we’ve been calling it a homelessness emergency for years and years and years, etc., and it seems to be getting worse and what is the city going to do about that?” Nelson said. Juarez is “somebody who’s fully aware of that issue and is willing to look at what we’re doing right now and if it’s not working to do something different.”

Of the five other candidates who made it to the final round, at least three—Jenks, Julie Kang, and Robert Wilson—have said they plan to run for the seat next year. Because Moore dropped out right after the filing deadline for this year’s elections, Juarez will get to serve about as long as Moore was in office, without being selected by the voters. She’ll join fellow council appointee Mark Solomon, who replaced Tammy Morales after she stepped down at the end of last year; Rinck defeated appointee Tanya Woo handily last year.

2. Winpower Strategies, the consulting firm for District 2 council candidate Jamie Fackler, filed a complaint with the city’s Ethics and Elections Commission alleging that another D2 candidate, Jeanie Chunn, hired multiple canvassers to collect democracy vouchers for her campaign, in violation of legal limits on the number of people campaigns are allowed to hire for this purpose.

“Jeanie has verbally told Eddie Lin and Jamie Fackler (two of her opponents) that several individuals, beyond the number allowed by the program, are being paid to collect Democracy Vouchers for her campaign,” the complaint, filed by a staffer at Winpower, reads. “It is unclear through financial filings how many individuals are being paid to collect.”

Chunn denied the allegations and said her campaign hired “one person for the sole purchase of collecting vouchers until the middle of July.” She did hire “folks from Community Passageways to canvas for me and drop literature” on July 16, she said. “As I’m sure you know, we are only allowed to have two paid folks to collect democracy vouchers.”

Chunn’s campaign reported raising more than $37,o00 in democracy vouchers from more than 400 people on July 11.

Democracy vouchers are a form of public campaign finance in which every Seattle voter gets $100 in vouchers to spend on the candidates of their choice. In 2023, the ethics commission placed limits on campaigns’ ability to collect these vouchers, after then-mayoral candidate Andrew Grant Houston paid canvassers to collect democracy vouchers from people on the street; these paid contractors purportedly used misleading tactics to collect the vouchers, bringing in nearly half a million dollars for a race in which he received fewer than 5,500 votes.

In her financial disclosure statement, Chunn reported earning between $60,000 and $99,000 in consulting fees from Noisy Creek, the parent company of the Stranger. We’re told Chunn’s work was related to Everout, the Stranger’s listings page, and a potential collaboration between the company and restaurants and arts organizations, not the paper’s news or editorial content.

Still, it’s standard practice for publications to disclose anything that might give the appearance of a conflict of interest. The Stranger didn’t disclose the financial relationship between Chunn and Noisy Creek in its endorsements, coverage of the District 2 race, or at its annual candidate forum.