Tag: homelessness

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”

Morning Fizz: Echohawk Campaign Says “Paperwork” Delayed Consultant Payment, Durkan Lowballs COVID Stipends, Echohawk Distances Herself from Durkan, and a COVID Outbreak In Jail

Maleng Regional Justice Center; photo via kingcounty.gov

1. Last week, a Black political consultant, Crystal Fincher, tweeted about an unnamed mayoral campaign “trying to stiff a BIPOC firm for services provided.” She didn’t name the campaign, but the firm was obviously Upper Left Strategies, a Black-owned local campaign consulting business. The campaign, it turns out, was that of mayoral candidate Colleen Echohawk.

Echohawk had been working with Upper Left until she replaced them with the Mercury Group, led by former Mike McGinn strategists Bill Broadhead and Julie McCoy, who are white.

Another Echohawk consultant, John Wyble, said the payment to Upper Left—according to campaign disclosure documents, about $15,000—was held up by “paperwork” that the departing consultants needed to sign; although neither Echohawk nor Wyble would elaborate on the kind of paperwork the campaign wanted its former consultants to sign (and Upper Left principal Michael Charles did not respond to calls).

Echohawk confirmed that her campaign did require the consultants to sign a nondisclosure agreement, which she characterized as “standard.”

Other consultants PubliCola asked in general terms about NDAs said they had never had to sign an NDA for a political candidate, although they are fairly common with corporate clients.

2. On Tuesday, Echohawk called on Mayor Jenny Durkan to use FEMA emergency dollars or other sources to move dozens of people living in and around Miller Park, on Capitol Hill, into shelter or housing instead of removing them. Capitol Hill Seattle reported that Durkan’s office said they would not rule removing the encampment if people “refuse” to accept the services on offer, which is basically the administration’s pre-pandemic approach to park encampments.

What’s interesting about Echohawk’s statement, which was prompted by what Echohawk called “the rumbling of a sweep,” was that it represents a clear attempt to distance herself from Durkan, with whom Echohawk and the homeless service organization she runs, Chief Seattle Club, has been a frequent ally, going back to Durkan’s first days in office.

Echohawk didn’t disagree with the idea that the park, which includes playfields and is near Meany Middle School, needs to be accessible to people who want to use the field or play in the park. But she is trying to draw a line between herself (as someone who wants to “get someone—a human services agency—to agree to do the case management”) and the mayor (who, according to Echohawk, still thinks sweeps are an effective response to homelessness.)

Echohawk isn’t, to be clear, offering a specific solution, and her proposal (to link people in Miller Park up with case management and hotel-based shelters) would quickly run into the gears of city contracting bureaucracy and the limitations of existing human service provider staffing. But her efforts to distance herself from Durkan are sure to continue in a race that includes one frontrunner who has declared herself an outsider and another who is currently the president of the City Council, Durkan’s perennial bête noire.

3. More than a year into the pandemic, city of Seattle employees who’ve been working from home will get a retroactive stipend for the additional costs associated with setting up home offices, including higher utility costs, Internet service, and other expenses. The maximum per month is $48. Shaun Van Eyk, the union representative for PROTEC17, which represents many city employees, told Fizz the Durkan Administration’s opening offer was $24 a month.

4. Inmates and staff at King County detention facilities are experiencing a new wave of COVID-19 cases, according to new data from the county’s Department of Adult and Juvenile Detention.

Since March 9, 46 inmates have tested positive for the virus, as well as seven staff members. The outbreak has worsened since last weekend, with 19 inmates testing positive on March 22 alone. Continue reading “Morning Fizz: Echohawk Campaign Says “Paperwork” Delayed Consultant Payment, Durkan Lowballs COVID Stipends, Echohawk Distances Herself from Durkan, and a COVID Outbreak In Jail”

Ballot Measure Would Reinstate Sweeps, Harrell Joins Mayor’s Race, and Republicans Hedge Bets on Capital Gains

The look on mayoral candidate Bruce Harrell’s face when KOMO TV’s Jonathan Choe asked how he felt about Black-on-Asian crime, given that “you’re biracial, your mother is Japanese American and your dad’s Black”

1. After months of will-he-won’t-he speculation, three-term former city council member Bruce Harrell announced Tuesday that he’s running for mayor. As a well-known political figure who will likely have support from the Seattle business community, Harrell joins the ranks of instant frontrunners in the race, which also includes current city council president Lorena González, Chief Seattle Club director Colleen Echohawk, South East Effective Development director Lance Randall, and city council aide Andrew Grant Houston.

At a press conference outside Garfield High School, his alma mater, Harrell said he would seek public-private partnerships to fund investments in solutions to homelessness, clean up city parks where unsheltered people have taken long-term refuge during the pandemic, and work to “reimagine” the city’s police force rather than defunding it.

In a conversation with Fizz after the announcement, Harrell said the biggest problem at city hall, Harrell said, is a “lack of relationships”—between the mayor and council, the council and departments, and with outside organizations like Seattle Public Schools.

True to his past campaigns (in addition to serving three terms on the council, Harrell ran for mayor in 2013, receiving 15 percent of the primary vote), Harrell focused on style, more than policy, in our conversation. “Quite honestly, I am attracted to a situation that requires rebuilding,” Harrell said. “It’s sort of easy to hop into a leadership position when an organization is going smoothly and is high-performing. It’s a different skill set for someone to consciously jump into a situation that is plagued with dysfunction, and that doesn’t bother me.”

But he did have a few specific policy prescriptions. He said he would work to revitalize neighborhoods including, but not limited to, downtown, by promoting not just brick and mortar businesses but partnerships between small businesses (particularly women- and minority-owned) and larger ones—a kind of “business-to-business on steroids” approach to saving local businesses. “The first thing we must learn how to do is recycle our money within the economy by making sure the relationship between small businesses and big business is intact,” Harrell said.

He also said he would propose divvying up $10 million between the seven council districts so that the council member from each geographic area could determine, through conversations in that community, what local priorities should be funded. Asked how this would differ from the ongoing participatory budgeting process, which is supposed to determine how the city will spend $30 million set aside for alternatives to policing last year, Harrell said, “I think participatory budgeting is a step in the right direction, but what it still doesn’t do, I think, is have each council member directly accountable to their particular constituents in their community.”

Harrell, who grew up in the Central District and often talks about his deep roots in Seattle, provided more details about his platform in an “open letter” Tuesday morning.

2. Another former city council member, Tim Burgess, is preparing to propose a ballot measure that would change Seattle’s constitution (known as the city charter) by directing the city’s Human Services Department to fund mental health and substance abuse disorder treatment, expand access to shelter, and “collaboratively work with other City departments to ensure that City parks, playgrounds, sports fields, public spaces and sidewalks and streets (“public spaces”) remain open and clear of unauthorized encampments.”

The proposal would mandate (but not fund) new shelter and services and reinstate sweeps, including the removal of encampments that pose a “public health or safety risk,” a term that is not defined and would be subject to interpretation.

The proposal does not appear to include a funding plan.

The charter amendment would require HSD to create a plan to provide services to people living unsheltered (along with individual written “service plans” for every person living unsheltered in the city) and would “require the cleaning and removal of unauthorized encampments in public spaces as these services are available.” In addition, any encampment that poses “a public health or safety risk may be immediately removed,” the proposed amendment says.

In plain language, the proposal would mandate (but not fund) new shelter and services and reinstate sweeps, including the removal of encampments that pose a “public health or safety risk,” a term that is not defined and would be subject to interpretation.

It also directs HSD to work with prosecutors, police, and public defenders to create new “diversion” programs for people who commit non-violent offenses; these programs would include unspecificed “treatment programs as an alternative to incarceration.”

Burgess did not respond to a request for comment.

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

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

To place a charter amendment on the ballot, proponents must get signatures from as many registered voters as 15 percent of the turnout in the most recent mayoral election, or about 33,000 people. After that, the city council can choose to enact the amendment, put it on the ballot, or add their own alternative to the mix. This last scenario played out in 2014, when the council proposed an alternative to a preschool initiative that opponents said gave too much power to unions. The council’s winning alternative was sponsored by Tim Burgess.

3. Despite claiming the Democrats’ capital gains tax legislation (SB-5096) would put an unconstitutional law in place, Republicans are worried that if it passes, taking the law to the Supreme Court will backfire and open the door for an income tax.

Luckily for the Republicans, moderate Democratic Senator Steve Hobbs (D-44, Lake Stevens) added an amendment to the capital gains tax during  the Senate vote that stripped the bill of its emergency clause and took out language saying that the revenue from the legislation is tied to government functions. Legislation with an emergency clause, or legislation that includes language saying it’s necessary to support the functioning of state government, can’t be overturned by voter referendum. The removal of both sections clearly signals that opponents prefer to leave the bill open to a statewide referendum, rather than battling over its legality in court. Continue reading “Ballot Measure Would Reinstate Sweeps, Harrell Joins Mayor’s Race, and Republicans Hedge Bets on Capital Gains”

Durkan Focuses on Vaccination, “Reopening Downtown” in Brief State of the City Remarks

This story originally appeared at the South Seattle Emerald.

by Erica C. Barnett

Mayor Jenny Durkan’s final State of the City speech, delivered from the Filipino Community Center in southeast Seattle, was notable more for its brevity than its content. The speech, which clocked in at just over six minutes (more than 35 minutes less than the shortest of her other three State of the City speeches) included plenty of platitudes about Seattle’s resilience and future recovery (“we have a tough road ahead, but there is hope on the horizon,” she said), but few specifics about what the city has done and will do to ensure that recovery—for small businesses, low-income residents, people experiencing homelessness, or people impacted by systemic racism.

“Never bet against Seattle,” Durkan said. “This year, we will continue to be tested but we will begin to recover and rebuild more equitably.”

Durkan gave few specifics about how she planned to make that happen in her final year, other than widespread vaccination and economic recovery downtown.

In the coming weeks,” Durkan said, “we’ll discuss and implement plans to continue progress on” climate change, public safety, and systemic racial inequity. Including the concrete steps we’ll take together to recover and reopen downtown. Including steps we will take to improve the livability and safety of downtown.”

“We’ll address public safety,” Durkan continued, “expand alternatives to policing, and have other responses.”

Durkan mentioned homelessness just twice, both times in the context of reopening downtown. “We’ll open hundreds of shelter spaces and affordable homes to bring more neighbors inside from our streets and parks so they can get stability and services,” Durkan said. Later, she added, “We will bring more people from our parks and streets into permanent supportive housing and new 24/7 spaces and tiny homes.”

As PubliCola has reported, the city’s plan to open around 300 new hotel-based shelter beds using federal COVID emergency funds has stalled over a dispute between the mayor’s office and providers about how much each bed should cost. Even if all the new shelter beds opened next week, the grants are temporary; once the money runs out, the hotels will have to close unless service providers can come up with new funding for the beds.

No neighborhoods outside downtown Seattle merited a mention in Durkan’s speech, except as future vaccination sites. Even a press release from the mayor’s office said Durkan’s speech laid out “her vision for Seattle to reopen and recover, especially downtown.” There was a time when appearing to kowtow to downtown businesses was seen as a liability, or a sign that a politician was out of touch with people outside the city’s commercial core. In a six-minute speech from a mayor who isn’t seeking reelection, it felt like the only clear sign of where she plans to focus her attention during her last 11 months.

Mercer Island Plans Homeless Ban, Shakeup at Homelessness Authority

Image via Wikimedia Commons

1. On Tuesday, the Mercer Island City Council is scheduled to vote on a proposal to ban all “camping” in the city, including sleeping unsheltered in public places and sheltering in a vehicle overnight. People who violate the ban—anyone who remains unsheltered in the city overnight—could be jailed for up to 90 days and fined $1,000 for each violation. Any vehicle that is used for overnight shelter, including RVs, could be impounded.

At a Mercer Island City Council meeting last month, Councilmember Jake Jacobson said the proposed ordinance “addresses public safety concerns [about] people who, but for this ordinance, would be staying in public properties for an infinite period of time and certainly are in a position to be of concern to people on the island. Fear—there is fear out there, and this is a way to deal with it.”

“And if people say they don’t want help and say, ‘I’m not going into shelter,'” Jacobson continued, “then they have made a decision to opt into the justice system.”

A federal appeals court ruling, Martin v. Boise, bars cities from passing outright bans on homelessness. Instead, it allows cities to ban sleeping outdoors unless there is no “available” shelter in the area—but the definition of “available” and in the area are very much open to interpretation.

The Mercer Island proposal gets around Boise by saying that police who encounter unsheltered people may direct them to shelter outside Mercer Island but on the Eastside, since Mercer Island does not have any homeless shelters. In practice, this means one of four shelters—one for women, one for men, one for families with children, and one for youth. In exchange for these services, Mercer Island would pay a consortium of Eastside service providers a total of $10,000 a year.

The bill defines “available” broadly, allowing police to enforce the law against people who can’t be admitted to their designated shelter because of the “voluntary actions of that person,” including :intoxication, drug use, unruly and/or assaultive behavior and like behaviors.” Under proposed ordinance, for example, if a homeless man was ineligible for the lone men’s shelter because he was exhibiting behavioral health symptoms that made him “unruly,” he could be seen as refusing shelter and jailed.

If people say they don’t want help and say, ‘I’m not going into shelter,’ then they have made a decision to opt into the justice system.”

Mercer Island Police Chief Ed Holmes assured the council that then police were interested in helping homeless people, not further marginalizing them. “Rest assured… we won’t take enforcement action until there’s repeated issues,” he said. But Sergeant Mike Seifer, who presented the legislation to the council, noted that it was aimed at addressing a specific group of people—”about four individuals that we deal with on a very serious or consistent basis” in public spaces, plus “about six or seven that are in vehicles that are consistently coming into contact with the officers.”

One way or another, the law would allow Mercer Island police to remove those ten or so people from the island, either by jailing them in another city, such as Issaquah, or by sending them to a shelter off the island. Councilmember Craig Reynolds, who cast the lone “no” vote against the ordinance on first reading, noted that the city’s jail contracts don’t come cheap—jailing a person costs the city about $200 a day, or up to $18,000 for the maximum 90-day sentence.

2. King County Councilmember Claudia Balducci  will replace her fellow Councilmember Reagan Dunn on the King County Regional Homelessness Authority’s governing board, as we reported exclusively on Twitter Friday.

In January, as PubliCola reported, governing board member Zaneta Reid took Dunn to task for positions he has taken on homelessness, including his opposition to the “Health Through Housing” sales tax proposal and his efforts to fund one-way bus tickets out of King County. “Mr. Dunn—Reagan—I have not seen one article that you have been compassionate or even cared about what we’re sitting at this table doing.  … How can I trust that you have the best interests of those that we are serving at forefront?” Seattle Mayor Jenny Durkan shut down the conversation before Dunn could answer. Continue reading “Mercer Island Plans Homeless Ban, Shakeup at Homelessness Authority”

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

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

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

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

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

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

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

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

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If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

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

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, check out our Support page. Thank you for your ongoing readership and support.

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

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

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

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

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

Morning Fizz: What Is Transit For?

Mockup of new, clearer signage Sound Transit has proposed to reduce fare evasion and errors

1. Sound Transit board members had some pointed questions for agency CEO Peter Rogoff on Thursday, when staffers presented the agency’s plan to address concerns about fare enforcement to the board.

The proposed changes, which come after months of community outreach and both onboard and online surveys, include new signage that will indicate more clearly that people must pay fare in order to enter light rail stations; reduced fines for people who still fail to pay their fare; more warnings before a rider receives a fine; and new, in-house “fare education ambassadors” who will replace the private security guards who currently check fares and issue citation.

Board members, including Joe McDermott (West Seattle), Claudia Balducci (Bellevue), Victoria Woodards (Tacoma), Dave Upthegrove (Federal Way), and Seattle mayor Jenny Durkan, wanted to know why Sound Transit staff have not proposed taking fare evasion and fines out of the court system, as King County Metro has done. Failure to pay fare on Sound Transit’s system, which includes Link Light Rail as well as express buses and Sounder trains, can result in a $124 fine plus late payments and potential criminal penalties if a rider does not pay the penalty. Unpaid fines can end up in collections and can damage a rider’s credit for years.

What would it take, Balducci asked, to get the staff to take requests from board members seriously and come up with a plan that didn’t expose riders to financial hardship and a potential criminal record for failing to pay a $3 fare?

“The challenge we have is figuring out for those folks who are persistent fare violators and are not among those classes that I just cited—people who clearly are economically distressed or are drug-addicted or homeless—what, then, do we do, if not the courts?” Rogoff said.

It’s unclear exactly how many people fit into the category of “persistent fare violators” that Rogoff described. According to Sound Transit spokeswoman Rachelle Cunningham, about 7.6 percent of riders did not pay their fares in October. (Sound Transit has been charging fares since July, after making rides free for several months in response to the COVID-19 epidemic. Currently, fare enforcement officers do not scan riders’ cards individually to see if they’ve paid their fare; instead, they ask riders to show that they have a card or a ticket.)

“Fares are critical to pay for transit services, and Peter’s comments referenced concerns about the potential level of non-compliance that could result if penalties were reduced to the point that it became known over time that there was little or no consequence for fare evasion,” Cunningham said. “The result of that would be increased costs for taxpayers and potential impacts on projects and services. It can be reasonably assumed that some segment of riders, potentially increasing over time, would respond with chronic fare evasion.”

But there may be an additional reason Sound Transit is so reluctant to bring fare evasion penalties in-house. “State law vests the District Court with exclusive jurisdiction to impose fines for fare evasion infractions,” Cunningham says. In other words: The state legislation that created the agency establishes that failing to pay fare is a civil infraction that must go through district court. Taking fare enforcement out of the jurisdiction of local courts might require a change in state law. Historically, Sound Transit has tried to avoid reopening its authorizing legislation, since Republican legislators have tried to change it in the past to, for example, make Sound Transit’s board an elected body.

“Difficult” is not the same thing as “impossible.” But any major changes to Sound Transit’s fare enforcement policy would require a significant shift in thinking at the agency about its mission as well as the reasons people don’t pay fares. Rogoff’s response indicated that his longstanding position on “fare evasion”—a concept that implies conscious ill intent, if not outright criminality—has not changed, even as the political environment in Seattle and across the country undergoes a seismic shift.

At a time when agencies at all levels of government are working to undo and prevent future harm to Black, Indigenous, and people of color (BIPOC) communities, Rogoff is still drawing distinct lines between the people who don’t deserve to get caught up in the criminal justice system—”someone who’s poor… someone who’s homeless, someone who’s drug-addicted”—and the modern-day turnstile jumpers who will keep robbing the system unless there are harsh consequences when they do.

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During yesterday’s meeting, Rogoff suggested that King County’s alternative fine resolution program, which is intended for people who can’t pay that agency’s $50 maximum fine, has been something of a failure. “Within King County, some 90 percent of [alternative resolution participants] never show up for their appointment and then nothing becomes of those cases, which is to say that there is no consequence for persistent violators in that circumstance,” Rogoff said. “We need a better mousetrap, and we’re trying to figure that out with the community and with King County Metro.” Continue reading “Morning Fizz: What Is Transit For?”

The C Is for Crank: A Precarious Compromise on Homeless Outreach Inches Forward

Seattle Police Department officers—identifiable as members of the Navigation Team by their khaki pants‚look on during an encampment removal in Ballard earlier this year.

By Erica C. Barnett

On Monday, city council homelessness committee chair Andrew Lewis introduced a proposal that would restore funding for outreach to homeless encampments and lay the groundwork for what Lewis described as a new city “unsheltered outreach and response team” that would replace the controversial Navigation Team.

The surprising part is that the council and mayor’s office worked together on the legislation. 

It’s a whiplash-inducing turn, given the mayor’s vehement opposition to the council’s efforts to dismantle the team and spend the savings on outreach workers. But it isn’t entirely unexpected. For weeks, deputy mayor Casey Sixkiller has been working with council members and service providers to craft a new approach, one that may be at odds with the mayor’s own personal views about how to tackle unsheltered homelessness.

To recap: Late last month, Durkan’s office sent a scorched-earth letter to the council informing them that, in response to their budget direction, she would immediately disband the Navigation Team and suspend the city’s outreach and engagement efforts. In a statement, Durkan said that the city’s Human Services Department “will no longer be deploying staff to conduct outreach or address unauthorized encampments until the Council restores funding for these positions.” Indignant council members responded that they had never suggested eliminating outreach altogether, and in fact had allocated $1.4 million specifically for that purpose—but that Durkan had declined to spend it. The mayor’s office contends that this money never existed, since using it would require laying off staffers who work on 

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If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. We’re truly grateful for your support.

Since then, deputy mayor Sixkiller has been attempting to mend fences with the council and homeless advocates, by quietly working with council members Lewis, Tammy Morales, and Lisa Herbold on the compromise proposal Lewis introduced on Monday. That plan includes a new team inside the city’s Human Services Department that would serve as a kind of coordinating body for nonprofit outreach providers’ work in the field, plus funding for those outreach providers to expand their work. (The exact extent of the internal team’s coordination role, and their authority over the work of city contractors, remains unclear).

The goal of the new joint effort would be twofold: improving safety and safety and hygiene at existing encampments, and moving unsheltered people quickly into permanent housing. By utilizing new hotel-based shelters and triaging people quickly into services, case management, and appropriate housing, the new approach could, in theory, house a lot more people than the old approach of sweeping encampments and providing shelter referrals to their displaced residents.

That’s the plan, anyway. But there still are plenty of potential pitfalls and points of contention. Continue reading “The C Is for Crank: A Precarious Compromise on Homeless Outreach Inches Forward”

Durkan Formally Nixes Navigation Team In Scorched-Earth Announcement

By Erica C. Barnett

This afternoon, Mayor Jenny Durkan announced that she is suspending the operations of the Navigation Team, which removes encampments and provides outreach and shelter offers to their displaced residents, and pursuing “out of order” layoffs for 70 Seattle Police Department officers, “with the expectation that layoffs cannot be completed by November 1, 2020.”

The city council’s adopted budget, which Durkan unsuccessfully attempted to veto, calls for a reduction of 100 police positions and the elimination of the Navigation Team. Since the COVID-19 pandemic, the Navigation Team has not been removing encampments in significant numbers.

Durkan has stated repeatedly that she does not believe SPD can do “out of order” layoffs of more-senior officers based on their roles in the department or past disciplinary actions against them. Her 2021 budget would reduce the size of the police department by just 22 positions. The press release says that the mayor “continues to have significant concerns about compromising 911 response and public safety. A 100 officer net reduction would reduce SPD staffing levels to around 1,300 sworn officers.”

“Consistent with the City Council’s vote to eliminate the Navigation Team by stripping it of all funding, the City will suspend
operations until the Council restores funding for these positions,” the press release continues. “As Council was advised by the Human Services Department, the Council’s actions effectively return the City’s response to unsheltered homelessness to a pre-2017 model where service providers alone were the City’s response to encampments.”

“Council’s vote to eliminate the Navigation Team means the City must suspend its work and will no longer be deploying staff to conduct outreach or address unauthorized encampments until the Council restores funding for these positions,” the mayor said in a letter to council attached to the announcement.

The council did not express its intent to return to “a pre-2017 model” for addressing encampments (2017 was the year the Navigation Team started). Their amendment dismantling the Navigation Team explicitly redirected $1.4 million in funding from the Navigation Team “solely to expand and maintain homelessness outreach and engagement services, which may include flexible financial assistance, case management, and housing navigation services.”

In a joint statement Friday morning, city council members Lisa Herbold and Tammy Morales denounced the move.

“The Mayor’s response to Council’s budget decisions—ignoring the $1.4 million that Council provided to increase outreach, engagement, and resources available to service people living in encampments; the threat to dispose of property that the City is currently storing for people without homes—threaten to increase harm and misery and manufacture chaos,” the statement said. “Sadly, the people hurt most will be those struggling the most just to live.”

Eliminating the Navigation Team immediately, without any backup plan for 2020, is the nuclear option, and could have negative impacts on people living unsheltered as winter approaches. The Navigation Team currently has exclusive access to dozens of shelter beds and spots tiny house villages; getting a new team up and running, as Durkan’s 2021 budget proposes, would take significant time, and have a major impact on unsheltered homeless people who would ordinarily receive referrals to those Navigation Team-only beds.

Had the mayor and council agreed to eliminate the team as part of the 2020 budget rebalancing that took place over the summer, there could have been a plan in place to replace the team’s outreach and referral capacity.

Complicating matters, the mayor doesn’t actually plan to eliminate that capacity in the long term—just, it appears, for the rest of this year. In fact, her 2021 budget includes a brand-new, $7.5 million, eight-member homeless outreach and engagement team that will have some new name other than “Navigation Team.” (Homeless Engagement, Assistance, and Referral Team?) Also in the mayor’s budget, homeless encampment cleanup contracts would transfer to the Seattle Public Utilities department, and the police positions currently associated with the team’s work will remain funded, according to the budget.

The announcement also includes the news that the City Budget Office will not execute a $14 million interfund loan to the Human Services Department from  the Seattle Department of Construction and Inspections to invest in historically underserved communities. Instead, Durkan says the council should figure out where that $14 million should come from through its own budget amending process.

“To be clear, the Mayor’s proposed 2021 budget will not include a funding source for this $14 million obligation. We will work with Council in the 2021 budget process with an assumption that the Council will identify the revenues needed to balance to this $14 million expenditure.”

This is a developing story.