Tag: Lisa Judge

Oversight Report Raises the Question: Are the 2020 Protests Still Relevant Today?

Office of the Inspector General for Public Safety

By Paul Kiefer

A Seattle police oversight office released a report on Tuesday revisiting controversial Seattle Police Department actions during protests in June 2020 and urging the department to find ways to build new public trust. The report from the Office of the Inspector General for Public Safety (OIG) is the second in a series drawn from panel discussions between oversight officials, community members and representatives from SPD, including some commanders who led the department’s protest response.

On its surface, the report’s narrow focus on nearly two-year-old controversies comes across as old news; most of the incidents described in the report were already investigated by the Office of Police Accountability. Inspector General Lisa Judge, however, says that the reports point to a persistent lack of trust between SPD and a notable portion of the general public—distrust that escalated during the protests and that remains relevant as SPD embarks on new projects, including crackdowns on visible drug use and shoplifting in the downtown core.

Although SPD’s protest response may no longer be front-and-center in Seattle’s political zeitgeist, Judge said, “the issues of public trust in SPD and legitimacy of SPD’s use of its authority are timeless. Many of the report recommendations address protest response tactics, use of force, and weapons, but the larger recommendations regarding trust and legitimacy translate to every aspect of SPD’s operations within the community.” What remains unclear is whether SPD will do anything to address the persistent distrust the report identifies—and whether that distrust can still shape the department’s future.

Although SPD’s protest response may no longer be front-and-center in Seattle’s political zeitgeist, Inspector General Lisa Judge said, “the issues of public trust in SPD and legitimacy of SPD’s use of its authority are timeless.”

The first of the OIG’s Sentinel Event Reviews, released last July, focused on the first three days of the protests and concluded that SPD should aim to “facilitate” protests, rather than controlling or directing them. That report also suggested some basic tactical changes, like prohibiting officers from leaving their weapons in unattended vehicles during protests.

The latest report centers on the second week of protests, when clashes between police and demonstrators shifted from the downtown core to SPD’s East Precinct on Capitol Hill. Two of the panel’s members—Lieutenants John Brooks and James Dyment—were instrumental to SPD’s decision-making during that phase of the protests, including the use of tear gas and blast balls against demonstrators.

The panel reviewed five key moments in the second week of protests, including the impacts of tear gas on residents of an apartment building next to the East Precinct and an incident in which the brother of an SPD officer drove a car into a crowd of protesters and shot a man who tried to stop him before surrendering to police.

As the group discussed the tactics behind and public perception of each incident, a pattern emerged: While SPD representatives could often explain the policy and tactical thinking behind a controversial decision, the community representatives on the panel remained critical of SPD’s motives.

When discussing the allegedly retaliatory arrest of a man who filmed a widely circulated video of an officer pepper-spraying a child at an earlier demonstration, for example, SPD representatives said officers were unaware of the man’s identity when they detained him a day later for shining a laser pointer in their eyes. Community representatives on the panel were skeptical; according to the OIG’s report, the panelists argued that “law enforcement agencies sometimes justify illegitimate actions after-the-fact and have not been historically forthcoming about misconduct.”

Some of the panel’s discussions, the report says, “highlighted the loss of trust in SPD by a wide cross-section of the Seattle community. Improvements in tactics and communications are only part of the necessary solution. SPD will also need to find effective approaches to fostering transparency, education, outreach, and accountability when officers violate the rules, to rebuild community trust.”

“SPD wants the community to trust them so they can expand their budget and more easily apprehend people, but SPD doesn’t trust community members when we say that defunding the department is what would actually make us safer.”—2020 protester and Seattle Abolition Support volunteer Peter Condit

In its report, the OIG offered two dozen recommendations for changes to SPD’s protest response planning. Many of the recommendations—including a proposal for SPD to conduct a public education campaign on the dangers of laser pointers, ostensibly to reduce the risk of clashes between officers and protesters—address panel members’ criticism of specific SPD decisions in 2020.  Others, like a suggestion that SPD reserve tear gas for “full-scale riot situations,” addressed changes to department policies that could remain relevant in the long term.

Some of SPD’s critics say 2020 taught them another lesson that remains relevant today, especially as SPD sounds the alarm about a rise in gun violence while attempting to rebuild its ranks after two years of high attrition. “SPD is now trying to make use of crime statistics to regain public support,” said Peter Condit, who regularly took part in protests in 2020 and now volunteers with an organization called Seattle Abolition Support. “But the protests were a galvanizing moment for a political movement that is still alive. They created a body of people in Seattle who are immune to SPD’s propaganda because they witnessed how the department treated community members, and that group of people has stuck around and continued to organize in creative ways.” Continue reading “Oversight Report Raises the Question: Are the 2020 Protests Still Relevant Today?”

Protest Review Report Recommends Letting Cops Show Solidarity, Moving Away from “Crowd Control”

A protester talks with a Seattle police officer on May 31, 2020 (Flickr: Derek Simeone; reproduced under a Creative Commons license).

By Paul Kiefer

On Thursday morning, Seattle’s Office of the Inspector General (OIG), one of the city’s three police-accountability bodies, released the first round of recommendations for changing how the Seattle Police Department responds to protests. The OIG made its recommendations after a year-long review of SPD’s response to last summer’s protests by a panel of community representatives, including current and former members of the Community Police Commission, and SPD staff, including some who played key roles in the department’s protest response.

With the help of OIG staff and outside facilitators, the panel reviewed a series of widely criticized police actions during the first three days of protests in late May and early June of 2020—a period that accounted for two-thirds of SPD’s uses of force and arrests during the protests—and assembled recommendations that could help the department avoid similar missteps in the future.

The proposals range from basic tactical changes, like prohibiting officers from leaving their weapons in unattended vehicles during protests, to more unique suggestions, like loosening the department’s policies on neutrality to allow officers to express solidarity with protesters.

In general, the panel recommended moving SPD away from a “crowd control” approach, emphasizing that the department’s role should be to facilitate protests, not direct or manage them.

“We all agreed transparency is of high importance to everybody. But in some situations, it’s important for police to be able to plan a response to something—people lighting a fire in an alley, for example—without flagging what they’re doing in real time.”—OIG director Lisa Judge

Inspector General Lisa Judge, who heads up the OIG, said some of the tactical recommendations—directing officers to minimize unnecessary arrests at protests, for example—are “no-brainers.” But at least one could be controversial. Responding to officers’ concerns about communication failures during the first few days of protests, the panel suggested that SPD could consider replacing radio communication with an encrypted messaging system, such as WhatsApp, during protests.

John Hollway, a consultant from the University of Pennsylvania Law School who helped design and facilitate the OIG’s review, said the change to encrypted messaging would give officers a reliable and better-organized channel for communications that can easily be shared with other law enforcement agencies providing backup during large-scale protests. Radio communications rely on a single channel that can only be used by one officer at a time—an obvious challenge for the department during frenetic protests. But shifting to an encrypted messaging system could also allow SPD to operate less transparently during and after protests. Messages sent using apps like Whatsapp are private and can be set to disappear, making them unlikely to show up in response to records requests. And unlike Whatsapp conversations, members of the public can easily tune in to SPD’s radio frequencies.

“There’s a tension here between transparency and tactics,” Judge said. “We all agreed transparency is of high importance to everybody. But in some situations, it’s important for police to be able to plan a response to something—people lighting a fire in an alley, for example—without flagging what they’re doing in real time.” Though the panel’s recommendation doesn’t specifically suggest that SPD keep a record of its encrypted communications, Hollway said that ideally, the department should determine how to communicate discretely while archiving officers’ messages so that oversight agencies could review them as needed after-the-fact.

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The panel used the report to question Mayor Jenny Durkan’s decision to impose a citywide curfew starting on May 30, advising future mayors to exhaust other communication options before declaring a curfew. “If you’ve got 100 cops and 5,000 people who are very angry at policing in government and institutions, you are setting your police officers up for failure if you choose that as your strategy,” said Judge. “Even the police panelists said that they felt frustrated that the curfew pressured them to make arrests instead of focusing on more serious priorities.”

The panel’s recommendations for cultural change, Judge said, were about reframing the role of police at protests not as crowd control but protest facilitation. “The notion that [police] can command or manage a crowd is outdated, and it’s just not consistent with constitutional principles,” Judge said. “This report clearly states that they need to shift to an approach that’s about facilitating a protest, not directing it.”

As part of the shift in SPD’s approach to protests, the panel recommended that the department assemble a team of “dialogue officers.” This unit, based on a model launched in Sweden during large-scale protests in 2001, would act as a conduit for sharing information between protesters and police. “The whole point would be to have the dialogue officers spend the entire year building relationships with community members so that, when a protest happens, they pass information back and forth between the crowd and police.” Continue reading “Protest Review Report Recommends Letting Cops Show Solidarity, Moving Away from “Crowd Control””