Tag: homelessness

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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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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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.

Durkan Unveils 2021 Budget that Uses JumpStart Tax to Fill Shortfall, Fund $100 Million In Unspecified BIPOC Investments

Editor’s note: This is a developing story that will be updated.

In a pre-recorded message complete with swelling background music, multiple backdrops, and B roll from locations around Seattle, Mayor Jenny Durkan unveiled a 2021 budget proposal today that relies heavily, as PubliCola was first to report, on revenues from the JumpStart payroll tax passed by the city council earlier this year. The council expressed its intent to wall off the revenues from the tax for direct COVID-19 relief to Seattle residents in the first two years, and to spend the money in 2022 and beyond on affordable housing, non-housing projects outlined in the Equitable Development Initiative, Green New Deal investments, and small business support. Durkan vetoed the spending plan (the council overturned that veto) and allowed the tax to become law without her signature.

“We’ve balanced the 2021 budget, with a $100 million investment for BIPOC communities,” budget director Ben Noble said at a press briefing this morning, referring to the money the mayor has proposed parking in the city’s “general finance” budget until a Durkan-appointed “equitable development task force” comes up with recommendations for spending the money. (PubliCola was also first to report on the task force). “If we identify a sustainable source for that in 2022 and beyond,” such as a local one-percent income tax, “those resources could be redirected towards the council’s original intent. … Budget priorities for the city have changed, arguably, since that [JumpStart] plan was developed.”

Durkan first proposed spending $100 million on Black, Indigenous, and People of Color (BIPOC) communities last summer, as protesters called on the city to defund the police department. This morning, she argued that it was appropriate to use the payroll tax revenues for this purpose. “Everyone wants to make deep, deep commitments to the BIPOC [Black, Indigenous, and People of Color] communities and investing in those communities,” she said.

“‘Dedicated’ is not really the term used with resolutions,” Durkan continued, referring to the fact that the council’s JumpStart spending plan was not a budget ordinance. “We did everything we could this year to honor the allocations [for COVID relief], and next year we will have a discussion with council to really honor the city’s commitments going forward.”

Durkan’s budget includes a $21.5 million line item for COVID relief in 2021, and $86 million in combined “continuity of service and COVID relief” this year. It’s unclear how that combined $86 million differs from the $86 million that payroll tax sponsor Teresa Mosqueda proposed spending on COVID relief, specifically, this year. The budget presentation notes that the city will also fund COVID-related activities in various departments.

The mayor did not answer specific questions about the future of the city’s Navigation Team, a group of police and social workers that, prior to the pandemic, removed encampments and offered shelter referrals to some of their displaced residents.

From the budget itself, it appears that the work of the existing team will be dispersed among various departments, and that some of the funding for Navigation Team positions (though not necessarily the people themselves) will be moved into a new Safe and Thriving Communities division of the Human Services Department. That division will include staff from the existing Youth and Family Empowerment Division, domestic violence advocates that already work in HSD, and domestic violence victim advocates that would be transferred out of SPD. Some DV advocates have opposed this transfer from SPD, which is a subject I’ll write about in greater detail in a future post.

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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. I’m truly grateful for your support.

All HSD contractors will see their contracts extended at the same levels as 2020, with a small inflationary increase, and will not be subject to the previously required performance reviews that determined whether they would receive fully funding. The decision to extend these contracts is related to the fact that the King County Regional Homelessness Authority, which is supposed to take over most of these contracts, has been unable to hire a director on its original time frame, which has pushed the schedule to get the authority up and running further into 2021.

The mayor didn’t dwell much this morning on her Seattle Police Department budget, which she said she will have more to say about in the spring. So far, it includes the reductions she has already announced, which mostly result from transferring items that can be civilianized, such as the 911 call center, into other departments. Durkan vetoed the council’s revised budget in August over the council’s plans to cut the police department by 100 positions, not all of those resulting from layoffs. (That veto was also overturned.)

The $100 million for BIPOC communities is a “blank” item in the budget. The mayor wants that spending to be determined through the work of the task force whose members she will announce this week. At the same time, the city council allocated $3 million to a separate “community research” effort headed up by King County Equity Now; at a press conference yesterday, the group announced that they had already hired dozens of staff and planned to employ more than 130 researchers. (Paul will have more on that story later today.)

Durkan’s plan would keep some parks facilities, including many pools, closed throughout 2021, and would cut back spending on many transportation projects, including bike, pedestrian, and transit infrastructure improvements.

Overall, Durkan’s budget includes about 40 outright layoffs, a number the budget office was able to keep down by drawing down on revenues such as the payroll tax and levy funding, and by reducing the city’s emergency reserves to $5 million next year. The revenue forecast for 2021 is actually less dire than the shortfall that resulted in major budget reductions in the budget the council adopted in August, which just withstood a mayoral veto—the budget office expects the city to take in about $1.7 billion in revenues, including the payroll tax, next year, compared to just $1.4 billion this year. In addition to the general 2020 economic collapse, this year’s shortfall resulted in lower revenues from funding sources that were impacted by COVID, including parks fees, parking taxes, and taxes on real estate transactions. “We do see that there’s hope on the horizon,” Durkan said.