Tag: ACLU of Washington

Compassion Seattle Appeals Ruling Striking Down Ballot Measure on Homelessness

By Erica C. Barnett

Defying expectations, Compassion Seattle has appealed last week’s King County Superior Court ruling that their proposed ballot initiative, Charter Amendment 29, was beyond the scope of the initiative process. The state Court of Appeals is expected to hear the case on Friday. If the appeals court decided to stay the lower court’s ruling, the measure could still make it onto the November ballot, although it would cause a certain amount of chaos at King County Elections, which is currently putting ballots together in multiple languages for more than 400 unique jurisdictions.

Last week, Judge Catherine Shaffer ruled that the charter amendment, which would require the city to fund 2,000 shelter beds or housing units next year using existing resources, violated state law giving local governments, not local voters, the authority to write budgets and adopt policies on land use and homelessness. To remove this authority from local jurisdictions, Shaffer said, would require a vote by the people of the entire state.”You can’t amend a city charter to conflict with state law,” Shaffer said, because “that would be local folks seeking to overturn the will of the state population as expressed through our state representatives in legislation. And that’s not how it works.”

Attorney Knoll Lowney said he’s not surprised that Compassion Seattle “felt the desire to appeal, but I’m surprised that they appealed without coming up with any appellate arguments.”

Compassion Seattle, the campaign for the charter amendment, said last week that they didn’t believe the appeals court could resolve an appeal in time for the measure to appear on the November ballot. (Charter amendments can only be on the ballot during local general elections, which come once every two years). In a statement Tuesday, the campaign said that Judge Shaffer’s ruling “caused an outpouring of support over the weekend from supporters who want us to press on with an appeal. We decided that we must take this action to represent the interests of tens of thousands of voters who signed petitions to put this amendment on the ballot.”

Compassion Seattle has raised more than a million dollars, almost all of it from large real estate developers and commercial property owners in downtown Seattle.

Knoll Lowney, the attorney for the ACLU of Washington, Transit Riders Union, and the Seattle/King County Coalition on Homelessness, who sued to stop the measure, said he’s not surprised that Compassion Seattle “felt the desire to appeal, but I’m surprised that they appealed without coming up with any appellate arguments.” In their emergency motion requesting a stay, Compassion Seattle’s attorneys reiterate many of the same arguments they made in the original case— the same arguments Judge Shaffer rejected. “The appellate court is not going to resurrect this measure—I don’t see that happening,” Lowney said.

“We decided that we must take this action to represent the interests of tens of thousands of voters who signed petitions to put this amendment on the ballot.”—Compassion Seattle statement

If the appeals court does allow the charter amendment to move forward, King County Elections will have to scramble. Elections spokeswoman Kendall LeVan Hodson says the elections office is already building ballots in four languages for more than 430 sub-jurisdictions within King County, and any delay or late addition to local ballots makes it harder to hit two September deadlines to print ballots and mail them to service members overseas.

“Obviously, will comply with whatever the court directs us to do,” she said, but it might take some doing; for example, the elections office could create two different potential ballots, one with Charter Amendment 29 and one without, for all its jurisdictions within Seattle. “We’ll make something work” if it comes to that, she said.

Effort to Expand Hotel Shelters Has Broad Support, Recycled Statements Replace False Endorsement Claims on Compassion Seattle Website

1. City council homelessness committee chair Andrew Lewis introduced legislation this week that would lift spending restrictions on $12 million the council allocated earlier this year for hotel-based shelters, in the hope that Mayor Jenny Durkan will finally agree to invest in JustCARE, a county-funded program that has been moving people from tents to hotels in the Chinatown/International District, or other hotel-based shelter programs.

The bill, which Lewis hopes to fast-track to a vote on June 14, “no longer makes seeking FEMA reimbursement a strict requirement” for the money, Lewis said Monday. As PubliCola has reported, Durkan has declined to seek federal FEMA dollars set aside for noncongregate shelters, such as hotels, arguing that this form of federal funding is a risky proposition.

Lewis told PubliCola the city could use a number of new, non-FEMA sources to pay for hotel rooms, including $40 million in unanticipated 2021 revenues, additional American Recovery Plan Act (ARPA) funding that’s coming next year, or the $10 million fund Seattle Rep. Nicole Macri created to provide an insurance policy for cities that open non-congregate shelters.

The Downtown Seattle Association and Seattle Metro Chamber are supporting the legislation, which Lewis has described as a way of improving the climate for workers and tourists downtown while actually helping people living unsheltered instead of sweeping them from place to place. Five council members, including socialist Kshama Sawant, are sponsors.

“There’s no such thing as a cheap program for people who have really really chronic public health challenges. There’s no way for us to say we’re only going to assist these people if it comes at a certain price point.”—Seattle Councilmember Andrew Lewis

“For all the talk about division in Seattle, and all the acrimony and everything else, this is an issue where the Chamber of Commerce will stand shoulder to shoulder with Kshama Sawant, and I think that speaks to the good work that this consortium of providers have done in creating the JustCARE model,” Lewis said.

JustCARE provides hotel-based shelter to unsheltered people with high needs and multiple barriers to housing and provides intensive case management and services to put them on a path to housing. Durkan’s office has frequently derided the approach as too expensive, claiming a per-client cost of well over $100,000, which the organizations behind the program dispute. Whatever the actual cost, Lewis said the city needs to “come to terms with the fact that there’s no such thing as a cheap program for people who have really really chronic public health challenges. There’s no way for us to say we’re only going to assist these people if it comes at a certain price point.”

Lewis said he hopes to pass the legislation, and for the mayor to spend the money, before Seattle’s economy officially reopens on June 30, when the statewide eviction ban is also scheduled to expire.

A spokeswoman for Durkan said the mayor’s office “won’t be able to comment until we’ve had time to review the legislation.”

2. Compassion Seattle, the group supporting a ballot measure that would impose an unfunded mandate for the city to build more temporary shelter beds in order to keep public spaces “open and clear of encampments,” was forced to take down its “endorsements” page last week because the homeless advocates and service providers listed there had not actually endorsed the measure. Tim Burgess and Seattle Chamber CEO Rachel Smith, who talked up the measure on a Geekwire panel last week, waved away the story, suggesting that the groups just had to go through their own endorsement “processes” before officially signing on.

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This week, Compassion Seattle updated its website, replacing the “endorsements” page with one called “What People Are Saying” that uses quotes from the leaders of homeless service organizations to strongly imply endorsement while no longer overtly claiming their support. The page now includes quotes from the leaders of Evergreen Treatment Services (which runs the REACH outreach program), the Downtown Emergency Service Center, and the Chief Seattle Club, all taken from an April 1 press release announcing the campaign.

The Chief Seattle Club said they do not plan to make an endorsement, and the director of DESC, Daniel Malone, said that although he “stands by the statement I made,” the group is “not working on a formal endorsement process right now.

3. On Tuesday, the ACLU of Washington announced their opposition to the initiative. In a statement, the civil-rights group said the measure focuses on “stopgap measures” like temporary shelter to get unhoused people out of public view while doing nothing to fund long-term solutions—most importantly, housing. Continue reading “Effort to Expand Hotel Shelters Has Broad Support, Recycled Statements Replace False Endorsement Claims on Compassion Seattle Website”

State Senate Considers Expanding Program to Provide Legal Counsel to Youth Interacting with Police

By Paul Kiefer

Following the guidance of youth rights advocates, the Washington State Senate is considering legislation that would require police officers statewide to connect young people to attorneys before questioning them or asking them to consent to a search. The bill, originally introduced in the state house by Rep. Jesse Johnson (D-30, Federal Way), would prompt Washington’s Office of Public Defense to create a hotline to connect young people to legal advisors.

The Seattle City Council and King County Council passed similar legislation at the end of last summer, requiring law enforcement officers to connect young people to attorneys from the King County Public Defender’s office after reading their Miranda rights or asking them to consent to a search of their belongings. Both ordinances were named for Mi’Chance Dunlap-Gittens, a Black teenager from Des Moines shot while running away from King County Sheriff’s deputies during a disastrous sting operation in 2017. Though deputies never read Dunlap-Gittens his Miranda rights—he ran away from the plainclothes deputies after they burst from the back of an unmarked van—the ordinances were named to honor his aspirations to work as a youth rights attorney.

“If a police officer knows that there’s going to be someone available to represent the youth, they’re not going to be able to use their position of power to bully or coerce a child into having a conversation with them or making a statement.”—Kendrick Washington, youth policy counsel for the ACLU of Washington

The bill before the state senate, HB 1140, would not only expand the same protections statewide, but require that young people speak to an attorney before answering any questions during so-called “Terry stops”—a brief detention based on an officer’s “reasonable suspicion” that someone has committed a crime. Because “Terry stops” are not arrests, the Seattle and King County ordinances don’t address the rights of young people to speak to attorneys in those contexts.

Specifically, the proposed law would require Washington’s Office of Public Defense to hire a team of six attorneys who would provide brief legal advice to young people in person, by phone or over a video call, after a stop; the attorneys would work in shifts and respond to calls from youth across the state. If a police officer stopped a young person in any circumstances that would require them to waive their Fifth Amendment rights, the law would require officers to connect the young person to an attorney—typically by providing the number for the state-managed hotline—before asking any questions or searching the young person’s belongings. The legislation makes an exception for searches done in the interest of an officer’s immediate safety, including searches for weapons.

According to Kendrick Washington, the youth policy counsel for the ACLU of Washington—which played a key role in shaping the bill—young people are typically unaware of their rights during encounters with police. The point of requiring young people to consult with attorneys before responding to police questioning, Washington said, “is not to tell [young people] what they have to do—it’s about telling them what their options are, because they usually don’t know.”

In practice, the law might look like this: An officer searching for a burglary suspect in a green sweatshirt stops a teenager wearing a green sweatshirt. Before the officer can ask the teenager any questions, they would have to call the Washington public defender’s office and put the teenager on the phone with an attorney. The attorney would explain the teenager’s options—asking whether they are being detained, answering the officer’s questions and risking self-incrimination, refusing to answer questions and walking away—allowing the teenager to make an informed decision about how to respond to the officer.

Law enforcement spokespeople voiced their opposition to portions of the bill during a hearing before the Senate Ways and Means committee on Tuesday. James McMahan, the policy director for the Washington Association of Sheriffs and Police Chiefs, criticized the legislation for prohibiting young people from waiving their right to counsel, and he called into question the proposed budget for the program, which assumes that the Office of Public Defense would field only 4,000 phone calls from young people per year. Continue reading “State Senate Considers Expanding Program to Provide Legal Counsel to Youth Interacting with Police”

Mercer Island Public Sleeping Ban Could Violate Landmark Ruling on Homelessness

By Erica C. Barnett

On Tuesday night, after more than four hours of public testimony mostly favoring the move, the Mercer Island City Council voted to pass an ordinance barring people experiencing homelessness from sleeping outdoors or in their vehicles inside the boundaries of the wealthy suburban enclave. As PubliCola reported Monday, the new law empowers police to remove anyone living unsheltered from the island, either by driving them to shelter in Bellevue (five miles away) or Kirkland (11 miles away) or by sending them to jail in another city for up to 90 days.

PubliCola covered the public comments—which focused largely on the evergreen fear that “homeless addicts” would victimize women and children and litter the island with needles and feces—and vote on Twitter as they happened. Only one council member, Craig Reynolds, voted against the proposal, which goes into effect on March 1.

But that may not be the end of the story for Mercer Island’s homeless ban. (Local media, adopting the whimsical language used by proponents of such laws, have referred to the bill as a ban on “camping.” In fact, it prohibits anyone without housing, who are disproportionately people of color, from sleeping on the island after dark; a more apt metaphor would be a sundown law.)

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To understand the potential avenues for a legal challenge, it’s important to know a little bit about a landmark 9th Circuit District Court ruling on homelessness, Martin v. Boise, which established that cities cannot ban sleeping, sitting, or lying in public spaces unless there is adequate available shelter for people to utilize as an alternative.

“Any ban on camping in most of Washington likely can’t comply with Martin v. Boise, just by sheer numbers: How many people are unhoused in the cities versus how many shelters are available.”—ACLU of Washington staff attorney Breanne Schuster

Put plainly, the ruling means that cities like Seattle can’t enforce encampment bans unless there is adequate shelter available for every homeless person the city wants to remove from public spaces. The definitions of adequate and available have been a source of heated debate ever since.

“Really any ban on camping in most of Washington likely can’t comply with Martin v. Boise, just by sheer numbers: How many people are unhoused in the cities versus how many shelters are available,” ACLU of Washington staff attorney Breanne Schuster said.

The next question, she said, is, “Are those shelters acceptable?” The four shelters to which Mercer Island plans to send people caught sleeping outdoors are far away, small, crowded (a particular concern during the ongoing pandemic), high-barrier, and often full; any of these factors could be used as an argument that the shelter isn’t really “available” or acceptable for a particular person. The Ninth Circuit “made pretty clear that you can’t, for example, force somebody to adhere to a religious doctrine or practice a religion to access a shelter,” or be “clean and sober,” Schuster said.

“In Washington, at least, substance use or abuse can be considered a disability” subject to civil rights protections, Schuster added—another potential avenue of attack on the ordinance, which defines substance use as one of many possible “voluntary actions” that a person can take to reject available shelter by refusing to follow whatever rules the “available shelter” happens to impose on clients. Continue reading “Mercer Island Public Sleeping Ban Could Violate Landmark Ruling on Homelessness”

ACLU Calls on Durkan to Ban Facial Recognition Software After Possible SPD Violation

Clearview AI Software Logo (Source: Creative Commons)

By Paul Kiefer

In early November, a blogger’s public records request turned up evidence that a Seattle Police Officer has used a widely-criticized facial recognition software called Clearview AI for over a year, possibly violating Seattle Police Department policy and raising questions from privacy advocates about the use of prohibited surveillance technology within SPD.

On Wednesday, the ACLU of Washington responded to the revelation by calling for Mayor Jenny Durkan to issue a specific ban on the use of facial recognition software by city agencies, as well as for a city council hearing to question SPD representatives about their use of surveillance tools.

As PubliCola first reported in November, the ACLU first sounded the alarm after the department released roughly 200 emails containing references to Clearview AI, a search engine for faces that enables law enforcement agencies to identify unknown people—protest participants, for example—by matching their photos to online images, allowing police to arrest or interrogate them.

Clearview AI has been the subject of harsh condemnation from privacy and police accountability advocates since it first drew national attention last year. The company’s business model relies on scraping billions of images from across the internet without permission; as a result, Clearview AI’s database of faces includes untold numbers of people with no criminal background whatsoever.

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Most of the emails SPD released were promotional offers sent from Clearview AI to SPD officers of all ranks, including former Police Chief Carmen Best. But one officer—Detective Nicholas Kartes of the South Precinct’s burglary unit—accepted the company’s offer, opening an account with his work email in September 2019. In the past year, Kartes corresponded with a Clearview AI representative about his experiences “experimenting” with the application, and login alerts sent to Kartes’ work email indicated that the account was used on at least two desktop computers. Both computers’ IP addresses place them in Seattle city government buildings, and one IP address belongs to a secure city network.

The revelation was alarming enough to prompt Office of Police Accountability Director Andrew Myerberg to launch an investigation into Kartes’ use of Clearview AI. However, Myerberg told PubliCola in November that merely opening an account with Clearview AI might not constitute a policy violation, though using the account for law enforcement purposes would be a clear violation of department policy. He added that there is no precedent for that kind of misconduct.

But the city council’s 2018 surveillance ordinance that restricts SPD’s use of surveillance technologies might not cover Kartes’ use of an unapproved software. Mary Dory, a public safety auditor working with the Office of the Inspector General on the case, told PubliCola in November that the ordinance was designed to address the use of surveillance technologies by SPD itself, not the behavior of an individual officer using surveillance software without the department’s knowledge.

That dilemma is now at the center of the ACLU’s disagreement with Interim Police Chief Adrian Diaz. Jennifer Lee, the manager of the ACLU of Washington’s Technology and Liberty Project, told PubliCola that her organization sees Kartes’ use of Clearview AI as a violation of the surveillance ordinance, and believes that SPD is liable for Kartes’ infractions. She cited Kartes’ use of his work email—and, possibly, his work computer—as evidence that the detective opened a Clearview AI account for law enforcement purposes.

Lee says that the ACLU of Washington is calling for Durkan to issue a targeted ban on facial recognition technology. “We have a surveillance ordinance which is supposed to prevent exactly what happened: SPD secretly using a surveillance technology,” she told PubliCola. “But it’s clear that without an explicit prohibition on facial recognition use, there are risks that remain.”

A press release from the ACLU sent out on Wednesday morning also called for council members Lisa Herbold and Alex Pedersen, the chairs of the council’s public safety and transportation and public utilities committees, respectively, to hold a public hearing to “get answers from SPD about its use of Clearview AI and other surveillance tools.”

In a response sent to the ACLU of Washington on Wednesday afternoon, Diaz categorically denied that SPD has sanctioned the use of Clearview AI by its officers. “We have no intention or interest in pursuing a partnership with Clearview AI or acquiring the use of any facial recognition technology,” he wrote. He also challenged the ACLU’s assertion—included in their press release—that multiple SPD detectives have used Clearview AI since September, pointing out that the emails only clearly point to Kartes’ use of the technology. (In November, Lee told PubliCola that the login alerts from multiple desktop computers point to the possibility of multiple detectives using Kartes’ account).

Diaz also made a passing reference connecting the Clearview AI promotional emails to a possible phishing attempt involving city of Seattle email addresses; PubliCola has reached out for clarification.

Because Diaz’s response dismisses the ACLU’s assertion that the department is liable for Kartes’ conduct, the ACLU’s call for Durkan to issue a specific ban on facial recognition software is effectively dead in the water.

Library Closures Leave Homeless Patrons Stranded, Safe Consumption Sites See Support, and a MAGA Bill Reveals State GOP Priorities

University branch library, two hours before closing time on Friday.

1. Of all the drastic changes to daily life announced last week in response to the COVID-19 outbreak, the closure of all Seattle Public Library branches may have the most profound impact on the city’s most vulnerable people—those without places to go to during the day, either because they’re completely unsheltered or because they stay in shelters that are only open at night. For people experiencing homelessness, libraries are a haven—warm places to be, but also places to charge phones, get online, and be in the company of other people.

The library’s 27 branches are also places where people without homes or offices can wash their hands and use the restroom, making them a critical resource during daytime hours in a city where publicly accessible restrooms are few and (literally) far between. Without access to libraries, more people will be forced to use public spaces as makeshift restrooms. The fact that people urinate and defecate in public has an easy explanation and a simple solution: When restrooms are available, people use them.

The city has long been aware of this. In 2015, when then-mayor Ed Murray declared a state of emergency on homelessness, the civil proclamation he signed specifically identified the lack of access to restrooms and hand washing facilities as a problem that needed to be addressed. Four years later, the city auditor issued a scathing report slamming the city for failing to address the problem; among other findings, the report noted that UN standards for refugee camps would require about 224 toilets that are accessible 24 hours a day; instead, the city has just six 24/7 restrooms and about 100 locations that provide restroom access during limited hours. 

When I’ve asked about the lack of public restrooms in the past, the Human Services Department has pointed me to this interactive map, which shows every location in the city where theoretically public restrooms are located. But many of these sites are open only during limited hours (some only a few hours a week), or are only accessible to specific populations, such as women or youth. The city will keep community center and parks restrooms open during daytime hours for the time being, but those are of limited utility to people who aren’t already in those parks and near those community centers. Additionally, one great thing about a library is that it’s a place where people can use the restrooms and spend time without having their presence questioned. Without libraries, people lose access to both those things.

Obviously, I’m not saying the libraries should have stayed open during the pandemic; they had to close, because they bring people into close proximity and because library materials are ideal vectors for the virus to spread. What I am saying is that if the city had done more a long time ago to meet people’s immediate needs—like opening more public restrooms instead of spending resources creating defensive interactive maps that suggest no problem exists—this aspect of the crisis might have been averted.

2. On Saturday, King County identified three new locations for people at high risk for coronavirus complications and for those who need to be isolated or quarantined because they have contracted the novel coronavirus:

• The Arrivals Hall at the King County International Airport is now being used as a shelter for the men (most of them over 55) who usually stay at the St. Martin De Porres shelter in Seattle.

• A county-owned parking lot at Eastgate in Bellevue, where “a fully self-contained tent, with flooring and heat, has been purchased for use as an isolation and recovery location,” according to the county. The tent will open next week.

• A Holiday Inn in Issaquah, which the county will lease and use either to provide medical support to vulnerable populations or isolate people “who do not require significant social support services.” Yesterday, after a homeless man who was being isolated at a county-owned motel left the facility against medical advice, the county changed its policy so that only people who do not need social services will stay at hotels.

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3. A recent poll of Seattle voters found that 61 percent support the idea of supervised drug consumption sites—a strong margin for an idea that has been continually sidelined despite a unanimous endorsement from the King County Heroin and Prescription Opiate Task Force in 2016. Supervised consumption sites, which are common in many European countries, offer safe spaces for drug users to use under medical supervision. The goal of these sites is to prevent deaths from overdose, provide basic services such as wound care; and link people with supportive services, including recovery support and treatment for those who are interested in quitting or reducing their use.

Continue reading “Library Closures Leave Homeless Patrons Stranded, Safe Consumption Sites See Support, and a MAGA Bill Reveals State GOP Priorities”