1. After listening to public comment from both sides of the debate (one woman, who rattled off the first names of several homeless people she claimed to know, said a guy named “Josh” told her, “The only way you can help me is to arrest me and have me sweat it out”), the council’s public safety committee discussed a proposal from council member Lisa Herbold that would create a new affirmative defense for people who commit crimes of poverty.
The proposal, a version of which Herbold originally proposed as part of the 2021 budget, would enable people who admitted to committing misdemeanor crimes, such as shoplifting or trespassing, to meet a basic human need to use this fact as a defense in court. A judge or jury would then determine whether the defendant actually committed the crime to meet a basic need or not.
The concept has been widely mischaracterized as a plan to “legalize all crime” by conservative interest groups Change Washington and business leaders who claim it would allow people to vandalize small businesses, walk out of stores with armloads of cell phones, and squat on people’s property with impunity. In reality, creating a “basic need” defense would merely add one more affirmative defense to the list that already exists in city law. Defendants already have the ability to argue, for example, that they committed a crime because they were under duress. Judges and juries then have the ability to agree or disagree with this defense.
These facts didn’t stop public commenters from claiming that creating a new defense would effectively unleash “addicts” and “criminals” on the streets of Seattle. And it didn’t stop council member Alex Pedersen from rattling off a list of extremely implausible scenarios if the bill passed.
The Capitol Hill Organized Protest (CHOP) zone made Seattle a “national embarrassment,” he said—and a basic need defense might do the same, impacting everything from the US Senate races in Georgia to the future makeup of the Supreme Court. Renters, he said, might see their renters’ insurance premiums go up as insurance companies decide en masse to “classify all of Seattle as a high-risk zone.” And how, he wondered, would the proposal prevent criminals “from just coming to Seattle to shoplift because they know they can claim poverty as a defense?” (Never mind that the scenario he’s describing would involve going to jail, getting out, getting an attorney, going to court, and convincing a judge or jury that the defense was valid).
And how, city council member Alex Pedersen wondered, would the proposal prevent criminals “from just coming to Seattle to shoplift because they know they can claim poverty as a defense?”
In any case, Pedersen continued, it makes no sense to address the judicial system’s response to crimes of poverty before the city knows the impact of cuts to police, the outcome of the participatory budgeting process that just got underway, and the details of the next Seattle Police Officers Guild contract. “Let’s first see how these other changes work before this council is immersed in a time-consuming and distracting debate over whether we would be the first city in the US to weaken our laws that protect each other,” he said.
Finally, Pedersen argued that City Attorney Pete Holmes has already said that he doesn’t prosecute crimes of poverty, which means that there’s no reason to even discuss the issue for “one to five years,” the length of Holmes’ current and (likely) upcoming terms.
Herbold is still working on draft legislation. Outstanding questions (outlined in this memo) include whether to narrow the defense to a specific list of misdemeanors, whether to put the burden of proof on defendants to show that they had no choice but to commit a crime, and whether people who shoplift merchandise for resale should be allowed to use the defense.
1. As the federal government and state police prepare for possible civil unrest on Election Night, the city of Seattle says it does not plan to physically open its Emergency Operations Center, which coordinates emergency response during crisis situations and extreme weather and public health events.
However, the Seattle Police Department has restricted time off for officers who may be deployed to respond to demonstrations during the week following the election, and the city has sent information to businesses in neighborhoods where protests are common, such as Capitol Hill, about “how to prepare and secure their employees and customers as well as their property to mitigate the impact of broken windows and graffiti, should that occur,” according to a spokeswoman for Mayor Jenny Durkan’s office.
As of November 1, 72 percent of ballots sent to registered voters in King County (and nearly 75 percent in Seattle) had been returned. Although Washington state votes by mail, the county has opened seven voting centers where people can vote in person until 8pm on election day, including two in Seattle.
Durkan’s spokeswoman said SPD “does not have any intelligence to indicate that there will be large-scale demonstrations on Election Night or the days following. Our partners at King County Elections have not reported any threats or security issues at any ballot boxes. As such, the SPD and Seattle Fire Department’s planning is for contingency purposes only, and does not indicate that there will be demonstrations or unrest.”
City council member Tammy Morales formerly introduced her proposed alternative to Durkan’s proposed replacement for the Navigation Team, called the HOPE Team, last week. The five-member team would be a scaled-back, service-focused version of the Outreach and Engagement Team proposed by Durkan and council member Andrew Lewis last month—a team that would itself be a kind of scaled-back Navigation Team, one that would put the members of the recently disbanded Navigation Team to work in new roles “coordinating” the work of the city’s contracted outreach providers.
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During the council budget hearing on Friday, Lewis suggested that the differences between his plan and Morales’ were minor, but said he wouldn’t co-sponsor her proposal “because of my involvement in a parallel process.” Last week, Morales told PubliCola she believes the language in Lewis’ proposal is still “vague” enough to allow members of the larger team to do direct outreach. “I think we need to leave that work to the service providers—to the folks that are out there every day and understand the importance of developing relationships,” Morales said.
The HOPE team would include a team manager, a liaison to coordinate with other departments like Seattle Public Utilities, which manages the “purple bag” encampment trash pickup program, one data analyst (read more about why one data person may not be enough for a team dedicated to coordinating outreach and shelter referrals here), and two “provider and neighborhood liaisons” who would work with King County Public Health and providers to “provide reasonable notification of a[n encampment] removal and time to plan and implement the relocation.”Continue reading “Morning Fizz: Planning for Civil Unrest, Dismantling the Navigation Team, and Rethinking Prosecution”→
Protests against police brutality in Seattle have produced multiple lists of concrete demands from activists on the ground, the leader of the city’s civil rights department, and the three organizational pillars of the city’s police accountability structure. And while action from the city itself has been minimal—nightly curfews ended yesterday, police officers will display their badge number, and cops will stop using tear gas against protesters for 30 days—the protesters are far from done.
It’s hard to see the big picture while events are unfolding. We don’t have the benefit of hindsight or distance, and no one—even reporters with five streaming windows open on their laptops—can be everywhere at once. With that in mind, here are some snapshots of the last two days in Seattle.
• Mayor Jenny Durkan received significant credit for lifting a citywide curfew that was originally put in place at 5pm on May 30, but behind the scenes, the city council may have forced her hand. On Wednesday evening, the council was preparing a motion to lift the curfew on their own, and Durkan reportedly got wind of this information. Shortly after 7pm, Durkan lifted the curfew, saying that she made the decision after meeting with community leaders who told her they didn’t want anyone to be arrested for violating curfew. In fact, the community groups’ demands included the release of anyone arrested during the protests, including but not limited to anyone arrested for violating curfew.
The somewhat last-minute (or last-two-hours) decision to grant a minor concession to protesters was of a piece with Durkan and Chief Best’s announcement yesterday afternoon that they would change the policy on “mourning badges”—black bands that Seattle officers use to cover their badge numbers to mourn fallen officers, in this case a state trooper and Bainbridge Island police officer who died in March and April, respectively—so that the public could identify officers by their badge numbers, not just by their last name and first initial.
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The change to the mourning-band policy happened overnight, after both Best and Durkan said repeatedly that it could not “happen overnight.” Nonetheless, the change is a change in policy, not in legislation, so the council may choose to change the law itself to require that officers display both names and badge numbers, not just last names and first initials.
Durkan attempted to deflect criticism for the city’s motion to terminate a sustainment plan established as part of the federal consent decree, saying repeatedly that she did not support, and would not seek, the termination of the consent decree. However, the motion to terminate was a step toward just that. Yesterday, city attorney Pete Holmes withdrew the motion in response to police actions during the protests. Durkan has not spoken in detail about that decision, and her name was not on the announcement.
• The mayor made a small concession on the use of tear gas against demonstrators—she’s banning it for 30 days so that the Community Police Commission, Office of Police Accountability, and Office of Inspector General can review the use of tear gas and other chemical weapons, such as pepper spray, and make policy recommendations.
Those three groups, however, had already expressed their unanimous opinion that the city should stop using tear gas, full stop—asking the mayor and police chief Friday morning to “stop using CS gas, commonly known as tear gas” and calling it “a serious and indiscriminate use of force.” In a letter elaborating on their announcement, the three groups noted the adverse health impacts among people exposed to tear gas and to note that its use in warfare is banned by international convention.
The CPC asked the city to ban the use of blast balls, pepper spray, “and other projectiles” during demonstrations back in 2016. At a press conference on Friday, both Durkan and Best said that they were not aware of these recommendations, which were covered in the Seattle Times.
Later in the day, Office for Civil Rights director Mariko Lockhart—a Durkan appointee—sent an open letter to the city’s race and social justice “change teams” calling on the mayor to “immediately halt the use of militaristic law enforcement against demonstrators”; cut the police budget and “invest in community infrastructure within Black and Brown communities”; and stop sweeping homeless encampments and “shift funding away from the law enforcement component of the Navigation Team and invest more deeply in outreach, support services, and preventive strategies.
The leaders of the of the city’s Race and Social Justice Initiative Change Teams, as well as other groups representing Black and brown city of Seattle employees, are also drafting letters that will call for immediate changes to police use of force against demonstrators and significant longer-term changes to the way the city holds police accountable for violence against civilians.
• The mayor has often taken a defensive tone in responding to complaints about police brutality, the use of military-style weapons against large crowds of peaceful protesters, and requests for relatively minor policy changes like the use of mourning bands that cover badge numbers. For example, Durkan has emphasized the fact that the federal judge overseeing the consent decree “approved the crowd management plan” for back in 2017, “before I took office.”
Similarly, a letter from Durkan to city staff today recalled the mayor’s comments earlier that people “apparently” think that cops should display their badge numbers in addition to their last names and first initials. After centering her comments, as she has consistently, on large, systemic national issues (rather than the specific Seattle issues around which the protests have coalesced), Durkan wrote, “While Chief Best and I each have worked for decades for greater police accountability and a more just criminal justice system, we now hold positions where holding us accountable is also critical.” It’s the non-apology apology of conciliatory statements: We hear your concerns, but perhaps you didn’t realize that, actually, we’re on the same side.
• Late in the day, the leadership of the 43rd District Democrats created a petition calling on Durkan to resign, saying that she “has repeatedly used her powers to declare curfews that infringed on the First Amendment rights of protesters to peacefully assemble” and “failed to implement meaningful police reform to address police violence, specifically against Black and Brown communities (Durkan is up for reelection next year, assuming she decides to run). At this writing, it has more than 1,300 signatures.
Advocates for harm reduction took strong exception to a set of recommendations from a joint city-county “High Barrier Individuals Working Group”, arguing that several of the proposals are just extensions of the existing, punishment-based criminal justice system rather than the kind of programs that make meaningful, lasting change in the lives of people suffering from severe addiction and mental illness.
The four-pronged plan, which Mayor Jenny Durkan, King County Executive Dow Constantine, City Attorney Pete Holmes, and King County Prosecutor Dan Satterberg announced last week, came out of the recommendations of a work group assembled to respond to former city attorney candidate Scott Lindsay’s controversial “System Failure” report last year. That report looked at the records of 100 people with long lists of misdemeanor charges and determined that many of them had failed to comply with conditions imposed by the court, such as mandatory abstinence-based treatment, random drug and alcohol tests, and appearing regularly in court.
“We have too many people who’ve been cycling through the criminal justice system and we have not been able to design the right interventions for that,” Durkan said in announcing the proposals last week. “We had some of the highest-cost interventions that were also the least effective. We knew we needed to come together and bring people across jurisdictions to address this issue.” Satterberg described the proposal’s goals more bluntly: City and county officials needed a way “to manage what we see as obvious social disorder.”
The four pillars of the plan, which would be partly funded through Durkan’s upcoming budget proposal, are:
• Expanded probation. This would include a new “high-barrier caseload” model, in which probation officers (described in the recommendations as “probation counselors”) would meet with parolees outside the probation office and parolees would be required to show up in court more frequently; and a “high-barrier treatment” model, in which offenders would get reduced sentences in exchange for going to inpatient addiction treatment.
According to Durkan, “probation counselors” with “special training in harm reduction…will meet with individuals where they are in the field, have more frequent review hearings with judges, and give people that chance to spend less time in jail only if they agree to certain dependency treatment.”
Harm reduction advocates say adding more obstacles, such as additional mandatory court dates and coercive treatment, represents a fundamental misunderstanding of the concept, which relies on non-coercive tactics to help people achieve better health, fewer arrests, and a better quality of life. This, in turn, reduces the harm they cause the community. They also argue that sending probation officers out into the field to track down clients and provide “counseling” will cause confusion and could lead to greater harm to people on probation, because probation officers (unlike real counselors) are obligated to tell the judge if a client is violating the terms of their probation.
“It would be incongruous and disingenuous to train probation officers in harm reduction counseling if the judges—to whom the probation officers report—were to use coercion to force people into mandated and abstinence-based treatment and require abstinence in return for reduced sentencing.”
“I’ve found in my clinical practice that clients start to get confused when parole officers start calling themselves ‘probation counselors’ because they start to think, ‘I can tell this person anything, and, I can tell them how I’m really doing,’ but [the probation officers] are still in this adversarial role,” says Susan Collins, co-director of the Harm Reduction Research and Treatment (HaRRT) Center at the University of Washington.For example, if someone on probation told their “probation counselor” that he was struggling to abstain from drugs and alcohol, the officer would have to report that to a judge as a probation violation, which could land the parolee back in jail.
Mandatory treatment is also contrary to harm reduction, because it makes sobriety, rather than improved outcomes, the goal. “Harm reduction doesn’t have to be at odds with serving protecting public safety. In fact, these goals would seem to be very compatible if we weren’t so fixated on abstinence achievement as a proxy for not committing crimes.” Moreover, it isn’t very effective, especially for people with severe drug and alcohol use disorders who are also facing other major challenges such as a criminal record and homelessness.
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The “success” rate of short-term inpatient treatment, which is what the report recommends for parolees struggling with substance use disorders, is abysmally low already (about 9 out of 10 people with alcohol disorders who enter inpatient treatment, for example, relapse in the first four years), and the “success” rate for people with no support system or place to live when they get out is likely even lower. Although the work group’s report quotes an NIH pamphlet saying that “treatment does not have to be voluntary to be effective,” that pamphlet does not include links to actual research, which shows that although forced treatment can work, it usually doesn’t. The most recent research on the kind of severely addicted, chronically homeless people the probation proposal is supposed to address, Collins points out, actually showed that mandatory 28-day inpatient treatment was the least effective form of treatment.
“In addition to the nonexistent research foundation for coerced or mandated abstinence-based treatment for this population, the proposed approach is troubling philosophically,” Collins says. “It would be incongruous and disingenuous to train probation officers in harm reduction counseling if the judges—to whom the probation officers report—were to use coercion to force people into mandated and abstinence-based treatment and require abstinence in return for reduced sentencing. This is like a bait-and-switch for some of the most vulnerable folks in our community.”
Harm reduction advocates say adding more obstacles, such as additional mandatory court dates and coercive treatment, represents a fundamental misunderstanding of the concept, which relies on non-coercive tactics to help people achieve better health, fewer arrests, and a better quality of life.
Holmes, speaking last week, said expanded probation, with enforcement mechanisms like “random UAs [drug tests]” and consequences for noncompliance, would be complementary to LEAD’s “softer touch.” “We’re talking about a challenging population that does need the specter of a court intervention or revocation hearing [that] can follow when someone doesn’t comply with the terms of their probation. … We do have to [consider] public safety first, and a probation officer is going to be able to bring noncompliance to our attention so that probation can be revoked and sentencing reimposed as necessary.”
Collins, with the HaRRT Center, says “harm reduction”—like the Downtown Emergency Service Center’s successful program for people with alcohol use disorders at 1811 Eastlake— “doesn’t have to be at odds with serving protecting public safety. In fact, these goals would seem to be very compatible if we weren’t so fixated on abstinence achievement as a proxy for not committing crimes.”
• The expansion of a recently opened shelter in the decommissioned west wing of the King County jail by 60 beds, which Durkan suggested could be reserved for “high-barrier offenders.” Durkan claimed last week that the shelter would be a “comprehensive place-based treatment center” with “on-site treatment for mental health and substance abuse disorders… something that doesn’t exist” yet in the city.
This statement—repeated by the Seattle Times, which described the shelter as a “60-bed treatment center”—is inaccurate.
“It’s going to be a shelter,” says DESC director Daniel Malone. “So, just to be really clear—it’s not going to be licensed as a treatment facility, but we will bring behavioral health treatment resources there. … What we do in a lot of our locations is have a regular, often scheduled, presence of different kinds of behavioral health specialists there to engage with people, form relationships, and help them access services.” (City officials were apparently asked to stop referring to the shelter as a treatment center prior to Durkan’s remarks last week.)Continue reading “New Plan for Dealing With “Prolific Offenders” Substitutes Punishment for Harm Reduction, Advocates Say”→
It’s a little before 10 a.m. in the courtroom of King County Superior Court Judge Veronica Alicea-Galván, and the crowd is getting restless. Dozens of spectators, many wearing red scarves to indicate their opposition to supervised drug consumption sites, are murmuring quietly, waiting for Alicea-Galván to emerge from her chambers. Advocates say the sites—safe spaces for people to consume illegal drugs and access medical care and treatment—will save lives and put drug users on the road to recovery; opponents say they will enable drug users and lead to crime.
What’s at stake today is a ruling on an initiative, filed by Bothell City Council member Joshua Freed, that would preemptively ban the controversial sites throughout King County.
Suddenly, Lisa Daugaard, the 5-foot-2, 51-year-old director of the nonprofit Public Defender Association (PDA), which advocates for criminal justice and drug policy reform, bounds from her seat in the second row and makes a beeline for Freed, who is sitting at the defendants’ table. Before Freed can process what’s happening, Daugaard is pumping his hand, politely forcing the antidrug activist (he once told KVI-AM’s Dori Monson that safe consumption sites would make Seattle a magnet for the nation’s heroin users) into a bit of friendly courtroom small talk.
Daugaard’s friendliness is strategic. “I always go talk to the opposite side,” she says, laughing. “It’s a way of saying, ‘I’m not afraid of you. I get where you’re coming from.’”
For Daugaard, who has spent decades waging legal battles on behalf of people with few advocates in the criminal justice system, maintaining an open dialogue with the “opposite side” is a key part of the formula that has helped her win some of the most significant political and legal victories for civil rights in Seattle of the past 20 years.
The era isn’t long past when Seattle police officers set up “buy-and-bust” operations (undercover stings in which an officer buys drugs from a suspect, then arrests him) to put addicts behind bars, arrested people for sitting on the sidewalk and seized people’s cars for failing to pay their parking tickets. Today, that kind of draconian enforcement is unheard-of, and Daugaard is a big part of the reason why.
As Seattle has shifted leftward (from a place where people were arrested for smoking weed in parks to one where the big drug debate is about safe consumption sites), Daugaard’s focus has shifted, too. Instead of fighting on behalf of individuals against overreaching police, she’s advocating for policies that “advance the common interests of people who have suffered a lot of harm as a consequence of traditional policing,” such as progressive drug policy reform, and fighting against homeless encampment sweeps and for increased civilian involvement in how the Seattle Police Department conducts its business.
Daugaard cut her teeth as an activist during the South African apartheid era, when she was a grad student at Cornell. She found defending activists arrested and expelled during the anti-apartheid movement more interesting—and transformative—than writing her thesis on the criminalization of homelessness, and she decided to go to law school to pursue “a career trajectory where [activism] was the work rather than a distraction from the work.”
She has been at the center of many of the key civil rights battles of the past two decades, starting in the early 2000s, when thousands of low-income Seattleites lost their cars due to an initiative called “Operation Impound.” Daugaard, then a founding attorney of the PDA’s Racial Disparity Project, which worked to promote police accountability and reduce racially biased policing, says it took her a while to connect the dots between the thousands of seemingly routine license suspensions and the impoundment cases she came across through her work. The cases seemed unrelated—a litany of individual injustices.
“I knew the relationship between race, poverty and the justice system, but before I worked in public defense, I hadn’t realized the systematic way in which people of color were being deprived, as a generation, of the ability to drive,” Daugaard says. Over time, however, Daugaard started to see a pattern: Poor people, overwhelmingly people of color, were losing their licenses over moving and equipment violations or unpaid parking tickets, then losing their cars under a city law that allowed the city to seize the car of anyone caught driving it whose license had been suspended. This fed a cycle of poverty, as people who couldn’t afford to pay their tickets lost their cars, and then, with no way to get to work, their jobs.
“She’s an organizer, an analyst, an advocate, a strategist, an academic, an orator, a social worker and a spin doctor. You don’t come across that very often.”—Seattle City Council member Lisa Herbold
Supporters of Operation Impound presented the issue as a simple question of personal responsibility, but Daugaard, along with a community group called Drive to Survive, reframed the impoundment law as an assault on the rights of low-income people and people of color. They packed public meetings with people who had lost their cars, putting a human face on what had been a fairly obscure administrative issue. And they won. By the early 2000s, Operation Impound was a thing of the past.
This kind of no-holds-barred, uncompromising activism earned Daugaard accolades from unlikely corners. “Nobody I’ve met in my professional career can negotiate as effectively, and has the stamina and persistence that Lisa has,” says Scott Lindsay, a former candidate for city attorney who worked as a criminal justice adviser to former Mayor Ed Murray. City Council member Lisa Herbold, who worked with Daugaard on numerous issues when she was an aide to former council member Nick Licata, describes her as the full package. “She’s an organizer, an analyst, an advocate, a strategist, an academic, an orator, a social worker and a spin doctor. You don’t come across that very often,” Herbold says.
Daugaard’s status as a child prodigy—she started classes at the University of Washington at age 12, leaving at age 17 to study at Cornell and earn a law degree at Yale—is one of the first things people mention when talking about her. But her longtime employee and close friend Patricia Sully, who works at the PDA running a drug policy group called VOCAL (Voices of Community Activists and Leaders), argues that it’s the least interesting thing about her. The two met shortly after Sully graduated from law school, when they were both working with legal teams defending clients arrested during the Occupy Seattle protests. What’s most unusual about Daugaard, Sully says, is her ability to relate to a wide variety of people. “There’s no one I’ve met who is as comfortable being in a board room and talking to people in suits, and walking straight from that board room into an encampment and having a totally authentic relationship to the people in that encampment.”
Daugaard hasn’t always been so comfortable working both sides of the fence. In her early days as a public defender, some issues just seemed black and white—you either supported taking away people’s cars because they were poor or you didn’t.
But in 2005, when the PDA was fighting the police department over buy-and-busts, an SPD precinct commander challenged Daugaard to come up with a better plan, and she realized she didn’t have one. “That was a wake-up call for me,” she says. Instead of fighting the cops, she realized she needed to work with them; and instead of dismissing neighborhood concerns about public safety, she needed to find a solution that addressed those concerns.
That epiphany led to the development of a program that has become a model for criminal-justice reform around the nation. Law Enforcement Assisted Diversion (LEAD), which began as a grant-funded pilot project in Belltown and has expanded throughout downtown and to the Chinatown/International District and the East Precinct area (Capitol Hill, the Central District and Little Saigon), gave beat cops the opportunity to offer people engaged in drug activity an alternative to arrest.
“Ten years ago, she might have thought [prosecutors] were the enemy, and now we’re important partners. She’s a formidable adversary, but she’s an even better friend.” —King County Prosecutor Dan Satterberg
Instead of cycling through jail again and again, those people can enroll in LEAD, where they are connected to mental health and drug counseling, housing assistance, and education and job opportunities, among other services. Crucially, LEAD doesn’t require that participants stop engaging in whatever criminal behavior made them eligible for the program; instead, it gives people stuck in the cycle of addiction opportunities to access a better life, while recognizing that transformation doesn’t happen overnight. The program has been shown to reduce recidivism by as much as 60 percent. It’s also made arrests for minor drug possession essentially a thing of the past. “It’s a genuine paradigm shift,” Daugaard says.
King County Prosecutor Dan Satterberg, initially a LEAD skeptic, says Daugaard didn’t just convince him to give her long-shot proposal a try; she changed his mind about how the criminal justice system should respond to drug-related offenses. “She’s taught me a lot about harm reduction and how a community-based response can be a lot more effective than just dragging someone into the courtroom, where we don’t have the tools to change people who are in a drug-dependent state,” Satterberg says. “Ten years ago, she might have thought [prosecutors] were the enemy, and now we’re important partners. She’s a formidable adversary, but she’s an even better friend.”
Today, Daugaard believes that the way to reach consensus on contentious issues is to identify the 90 percent of the issue on which both sides agree—the “goals and values” that underlie the two sides’ common search for a solution. As for the 10 percent where there’s fundamental disagreement? Set that aside, Daugaard says, and “by the time you’re done, the 10 percent has been transformed. That’s the formula, and it always works.”
It certainly worked with LEAD. Since the program launched in 2011, the question for the city hasn’t been whether to expand the program outside central Seattle, but which neighborhood will get it first.
Daugaard believes her 90 percent approach will work with safe drug consumption sites, too. The common ground is a shared desire to do something about the opioid epidemic; the experiment will be a single safe consumption site in a neighborhood that supports it; and the measure of success will be how quickly other parts of the city and region start clamoring for safe consumption sites of their own.
Sully says working for Daugaard has changed her attitude toward political adversaries. “People have legitimate concerns, and we need to actually grapple with that,” Sully says.
But Daugaard’s willingness to compromise has its limits, and it has caused friction with some allies.
As co-chair (from 2013‒2016) and now a commissioner of the Community Police Commission (CPC)—the civilian group charged with overseeing the implementation of police reform in Seattle—Daugaard says she saw the city make good strides toward police accountability. However, she has clashed with city attorney Pete Holmes over the role of the CPC and how much power it should have over the police department. Holmes, Daugaard says, “inexplicably chose not to work in support of the approach to the police reform process that community leaders wanted to take.”
The police-accountability issue helped drive a wedge between the longtime allies, so much so that during last November’s election, Daugaard endorsed Holmes’ opponent, Scott Lindsay (Holmes was reelected). While Holmes is quick to acknowledge Daugaard’s success in pushing through reforms like LEAD, he takes issue with what he calls a “take-no-prisoners approach” once she’s decided how things should go.
“If you’re not completely on board with every element of her program, then you’re the enemy,” he says. As for her endorsement of his opponent, Holmes says: “People are going to have to think that if you’re going to work with Lisa, remember that she may turn on you, even if it’s a good-faith disagreement.”
Daugaard says her dispute with Holmes wasn’t personal, and she doesn’t regret her endorsement. “I did so for specific reasons based on how the last four years actually went,” she says bluntly. Despite Holmes’ dark assessment of the way she does business, Daugaard does not think the relationship is beyond repair. “I have told him I’m glad to work with him during his new term,” she says. “Hopefully, he will prove I was wrong.”
The 2017 election season began in earnest when former mayor Ed Murray, once considered a shoo-in for reelection, was felled by charges of sexual assault. Twenty-one people put their names in the running, and things have only gotten more interesting since then. For the first time in Seattle’s history, women came in first, second, third, and fourth, and you had to go all the way down to sixth place to find a white guy (former mayor Mike McGinn, for the record, at 6.5 percent). That’s amazing, but of course, it shouldn’t be—the fact that Seattle hasn’t elected a female mayor in nearly a century (and has never elected a woman to a full four-year term) is a sign of how far this “progressive” city has to go.
Perhaps predictably, there have been complaints from certain quarters that neither of the two women who made it onto the general election ballot—Cary Moon and Jenny Durkan—has the requisite “experience” or “gravitas” to be mayor. While it’s true that neither Moon nor Durkan has experience directly relevant to the job of mayor—neither has ever served in elective office, nor run an organization with thousands of employees—I think concerns about “experience” are overblown. Durkan has experience managing a US Attorney’s office with dozens of staffers and a complex portfolio, and is familiar with the way the city works from her time working on the historic consent decree between the US Department of Justice and the city; Moon has a long record as a civic activist working on land use and transportation issues in Seattle, most notably on the waterfront, where she fought against the downtown tunnel (and, for the record, was right). Either candidate will face a learning curve; both bring skills and knowledge that will serve them well as mayor of Seattle.
I’m endorsing Moon because her vision of Seattle is the Seattle I want to see—a Seattle where people of modest means can afford to live in city limits, where all parts of the city are accessible to all people via high-quality, high-frequency transit, and where solutions to homelessness don’t begin and end with market-based vouchers and punitive encampment sweeps. Homelessness is a go-home, bottom-line issue for the future of Seattle; the next mayor can choose to pursue half-measure solutions that only help a few people on the margins while pushing the rest from place to place while dozens more join their ranks every day; or she can go big, tackling Seattle’s homelessness problem like the crisis that it is.
Moon is best known for her work to stop the construction of the downtown waterfront tunnel, which she argued would do little to improve traffic flow through downtown while decimating the waterfront with a massive highway-like “boulevard” that cuts off the waterfront from the rest of downtown as surely as the elevated viaduct does today. Moon was right about that (and about the inevitability of cost overruns) and her vision for a car-lite waterfront remains the single most forward-thinking proposal for the future of downtown in the last 20 years. Although her idea for the waterfront was ahead of its time, the vision Moon showed back in 2004 demonstrates her capacity to think about the city at a 20,000-foot level, and—importantly—to prioritize people over automobiles. Her opponent has expressed general support for transit, sidewalks, and electric cars, but Moon’s record demonstrates a real commitment to, and understanding of, the fact that thriving 21st century cities cannot put cars—any kind of cars—first.
As the city grows at an astounding pace, we don’t have time for leaders who cater to narrow constituencies (like the aging minority of Seattle residents who own single-family homes) or spend their days rushing from crisis to crisis (sweeping homeless people from place to place to placate housed residents who would prefer that humanitarian crises happen somewhere else). When asked whether she would revisit the portions of the city’s Housing Affordability and Livability Agenda that preserve 1950s-style single-family zoning indefinitely, Durkan has been noncommittal, suggesting that HALA is the best we’re going to get; Moon has said she supports reopening single-family areas to row houses, townhomes, duplexes, and stacked flats, which is the bold plan that Murray abandoned as soon as he came under pressure. Both candidates are clearly committed to increasing density to accommodate population growth, but Moon will make pro-housing policies a priority.
More than any other issue, Seattle’s response to the homelessness crisis (and the separate but related addiction epidemic) will determine what kind of city we will be in the coming decades. Under Murray (and on the basis of two reports by out-of-town consultants), the city has pushed homelessness policy in the direction of “market-based,” “results-oriented” solutions that look good on paper but won’t pencil out in an expensive city where homelessness is directly tied to a lack of affordable housing. The city’s Pathways Home plan, which Durkan supports, assumes that a majority of homeless people will be able to go from living on the street to making a living wage within just a few months—an unrealistic plan that privileges the easiest-to-house while leaving people suffering from addiction, mental health issues, or simply long-term joblessness behind. Moon is the only candidate in any race who has zeroed in on this plan, criticizing its unrealistic promise to “permanently” house thousands with short-term housing vouchers.
At a time when Seattle is deciding what kind of 21st century city it wants to be, it needs a leader who can think in broad strokes, not one who promises more incremental changes. Moon has shown the capacity to be that kind of leader. More than Durkan, she has expressed broad support for big-picture solutions, and a healthy skepticism that the “free market” will solve problems like the lack of affordable housing for low-income and homeless individuals and families. She has also demonstrated a willingness to listen to people and perspectives that have historically had trouble getting a foot in the door at city hall, and—importantly—to reconsider her views when challenged with new information. Mike McGinn, the former mayor to whom Moon is often compared, had a fatal flaw—he didn’t listen. Moon listens, even to people with whom she disagrees. She’s collaborative, not combative, and driven not by ego but by a genuine desire to build a more inclusive city, even if that means listening to people with whom she disagrees.
Moon’s platform isn’t perfect, by any stretch. Her plan to expedite Sound Transit expansion by offering to extend loans to the agency is almost certainly unworkable and unaffordable. Her commitment to city-funded broadband, after study after study (and mayor after mayor) has failed to justify its expense, feels like pandering. She has continued to insist that Vancouver-style property speculation is a major driver of housing prices here despite evidence that this is not the case. And her commitment to “inclusiveness” and “collaboration” in city government could tip too far in the wrong direction—listening to stakeholders is important, but excessive stakeholder input is a major reason Seattle is stuck with a 1990s zoning code in 2017.
All mayors learn on the job. My hope is that, if elected, Moon will learn which of her campaign ideas are realistic and worth pursuing and which should be abandoned. If she achieves a fraction of the vision she has outlined, the city will be visibly changed for the better. I’m voting for that vision.
The C Is for Crank endorses Cary Moon.
City attorney: Pete Holmes
City attorney Pete Holmes has a long record of fighting for progressive causes. He defended protections for hotel workers against a lawsuit by their employers; ended the widespread practice of prosecuting drivers who lost their licenses (and often their cars and livelihoods) because they couldn’t pay their traffic fines; and reduced sentencing for minor crimes to protect undocumented immigrants from unjust deportation. He has also been deeply involved in the city’s efforts to counteract the Trump Administration’s efforts to crack down on progressive cities, defending Seattle’s status as a sanctuary city.
Holmes was active in the creation of the Law Enforcement Assisted Diversion program, which connects drug users with health care, human services, housing, and treatment instead of throwing them in jail for minor crimes, and has worked to reform laws against drugs and prostitution—most notably, by directing police to target sex buyers, not sex workers, in prostitution stings. He was an early, vocal leader on drug reform, working to pass I-502, which legalized recreational pot, while leading a crackdown on shady (and illegal) “medical” dispensaries and home-delivery services that gave the legal weed industry a bad name. And he has led on police reform, navigating a tricky process in a way that has, at times, angered both the police union (which has opposed efforts to impose additional oversight on its members) and some police reformers (who want the power to reject or approve contracts and to hire and fire the chief of police.)
Holmes’ opponent Scott Lindsay, a former public-safety advisor ex-mayor Ed Murray, has shown a troubling affinity for law-and-order approaches to the problem of homelessness and downtown “disorder” (a Rudy Giuliani-style dog whistle if ever there was one). Earlier this year, Lindsay leaked legislation sponsored by council member Mike O’Brien that would have provided additional protections for homeless people living in their vehicles, in a transparent effort to torpedo the proposal. Lindsay’s willingness to violate city officials’ trust for political ends speaks to a lack of judgment that’s concerning in a candidate for a job that requires strict attorney-client privilege. Lindsay raises concerns about declining prosecutions for domestic violence that appear to be legitimate, but it’s hard to know whether to believe him when, for example, he also claimed recently that Seattle has the highest property crime in the country, an alarmist assertion that turned out to be misleading. (Holmes disputes Lindsay’s interpretation of the domestic-violence numbers). Lindsay has also exaggerated the impact of the Navigation Teams (groups of police and social-service workers who do outreach to homeless people living in unauthorized encampments) and suggested that homeless people are far more likely to commit crimes than data suggests—a disturbing tendency toward alarmism for someone seeking an office where measured realism is a far more important quality than the ability to rally a reactionary base.
Holmes could be more active on certain issues, like expanding LEAD to the rest of the city and promoting restorative justice for people accused of low-level crimes. However, sometimes a steady hand is better than an itchy trigger finger. The C Is for Crank endorses Pete Holmes.
City Council Position 8: Teresa Mosqueda
The C Is for Crank stands by its endorsement of Teresa Mosqueda, a longtime labor leader who has spent her entire career fighting for workers, women, children, and other marginalized people. Back in July, I wrote,
As the campaign chairwoman for Raise Up Washington, Mosqueda helped draft and lead the successful campaign last year for Initiative 1433, which increases the statewide minimum wage to $13.50 an hour and requires employers to provide paid sick leave. As legislative director for the Children’s Alliance, she fought for implementation of Apple Health for Kids, the state’s Medicaid program. And as campaign director for the Washington State Labor Council, she was deeply involved in this year’s paid family leave negotiations, which resulted in a bill that will provide up to 12 weeks of paid leave for workers who take time off to care for a new or newly adopted child, to recover from a serious illness, or to take care of a sick family member. Mosqueda continued to work on family leave even after she declared her candidacy—a reflection both of her strong commitment to women and families and the fact that she, unlike some of her opponents, can’t afford to quit her job to run for office full-time. If she wins, she’ll also be the only renter on the city council. (No wonder the Seattle Times didn’t endorse her.)
Much of Mosqueda’s work has been behind the scenes—the kind of efforts that tend to go unnoticed but have lasting and important consequences. As the head of the state’s largest health care advocacy coalition, the Healthy Washington Coalition, Mosqueda served on the state’s health insurance exchange board, where she fought to require insurance companies to disclose what services they provide, including reproductive health care. She also insisted that the state of Washington provide information about voter registration to people buying plans on the exchange, an ACA requirement the state tried to circumvent. These issues aren’t flashy. They don’t make headlines. But they matter.
The C Is for Crank endorses Teresa Mosqueda.
Seattle City Council Position 9: Lorena Gonzalez
Lorena Gonzalez, the capable head of the city’s public safety committee, a leader on gender equity issues on the council, and the first council member to publicly call on former mayor Ed Murray to step down, is being challenged by Pat Murakami, a Mount Baker neighborhood activist who has spent decades fighting against density and light rail in the South End. The choice in this race is obvious. If you’d like to learn more about Gonzalez’s record and plans for her first full four-year term on the council, I encourage you to read my interview with her from earlier this year, where we discussed a wide range of issues, including displacement, homelessness, and police accountability. And then vote for Lorena Gonzalez.
If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, phone bills, electronics, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.
1. Have we had enough transparency yet? The 15 candidates to fill the city council seat being vacated by interim mayor Tim Burgess have now had two chances to make the case for themselves, and what we’ve learned is that Alex Tsimerman thinks Lorena Gonzalez is a “cheap potato,” Tiniell Cato thinks it’s her “human right” to talk out of order and go over her allotted time, and Lewis Jones—the guy who made hand-painted signs for his “campaign” for mayor—believes special enzymes in purple grape juice cure the flu.
The job qualifications for the temporary council position include knowledge of the city budget and familiarity with city government. A group of advocates that included third-place mayoral candidate Nikkita Oliver and Gender Justice League director Danni Askini argued that the process for filling the seat needed to be more “transparent” so that a wider range of people would apply. That range extends, apparently, from people who use the term “colored people” (Jones again) all the way to people named Doug who have the endorsement of “Doug’s Voter’s Guide,” written by Doug.
The clear frontrunner remains former council member Nick Licata, who has participated gamely in both forums, and praised the council for opening up the process to the general public. Tsimerman, for his part, described the process as a “circus for children” that would end up with the same result as if the council had just picked a candidate. Then he was removed from council chambers by security.
2. Mayoral candidate Cary Moon, who appeared alone onstage at a mayoral forum Tuesday night (her opponent, Jenny Durkan, was hosting a campaign fundraiser at the downtown offices of the K&L Gates law firm), has maintained that she will be able to serve on the Sound Transit board despite the fact that her husband, architect Mark Reddington, is a principal at LMN Architects, a firm that is doing design work on numerous Sound Transit light rail stations. (The Seattle Times was the first to report that Moon might be unable to serve on the board.) At a forum on the arts and environment earlier this week, Moon said the potential conflict “doesn’t mean I won’t get to serve on the Sound Transit board” and said that if that “very minor situation… arises, I will recuse myself and someone else from the city will be empowered to make that decision on my behalf.”
After Tuesday night’s forum, Moon told me she believed that if the board was taking a vote that could impact LMN, such as a vote on one of the firm’s contracts, she could delegate her vote to “somebody else, like the SDOT director or deputy mayor or someone on the council.” It’s unclear whether Sound Transit board members are able to delegate their votes in this fashion, however, and Sound Transit’s ethics policy includes no obvious provision for board members to tag in another Seattle representative in this way. It says,
If a conflict of interest is confirmed, the Board member shall disqualify himself or herself from discussion or voting upon the legislation or matter, and an officer shall refrain from discussion or recommendation concerning the legislation or matter, if discussion or voting thereon would constitute a conflict of interest, or apparent conflict of interest, as described in this section or violate any other governmental law or regulation. Any Board member or officer who is disqualified by reason of such conflict of interest shall, after having made the required disclosure set forth above, remove himself or herself from his or her customary seat during such debate and leave the Board Resolution No. 81-2 Page 14 of 20 chambers until such time as the matter at hand, from which such Board member or officer has been disqualified, has been disposed of in the regular course of business. Any action taken by the Board or a committee related to such interest shall be by a vote sufficient for the purpose without counting the vote of the Board member having the interest.
Sound Transit spokesman Geoff Patrick said he couldn’t “speculate about issues or circumstances around any particular candidate or other individual in the event she or he were to be appointed to the Board,” and noted that it’s up to the county executive to decide which Seattle representative or representatives to appoint to the Sound Transit board.
3. Also at Tuesday’s forum, things got heated between city attorney Pete Holmes and his opponent, former mayoral public-safety advisor Scott Lindsay, when Lindsay blasted Holmes for aggressively prosecuting men who pay for sex even when those men may be subject to deportation. (In recent years, the city has moved away from prosecuting prostitutes to cracking down on johns, in an effort to avoid revictimizing women who have been trafficked and sold against their will.) Lindsay said he would adopt an approach that did not result in men being deported for attempting to solicit prostitutes.
Then Holmes took the mic: “We have to hold sex buyers accountable for driving the commercial sex industry that, in turn, is driving most of human trafficking,” Holmes said. “We have a fundamental disagreement [with immigration lawyers.] It only takes a second violation for sex buying before you can be subject to deportation under federal law. The first one will not get you deported. And I’m sorry, I lose sympathy on the second one. If you haven’t learned, I’m sorry. That’s your fault.”
4. Seattle Subway, a transit advocacy group, has been in a bit of a war with the political arm of the Transportation Choices Coalition, the influential pro-transit nonprofit, over its endorsement of Jenny Durkan for mayor. (TCC spearheaded the Sound Transit 3 and Move Seattle campaigns; its endorsing arm is called Transportation for Washington). On its Twitter feed, Subway said that TCC’s endorsement was “clearly” not based on Durkan’s platform (nor, presumably, her political views, track record, or ability to deliver on her promises), but on some mysterious “something else.”
The platform put forth by @CaryMoon4Mayor on transit and mobility are obviously superior. This endorsement is clearly about something else.
The implication is that Durkan has views that are somehow in line with Rantz’s, and is perhaps even “racist” by association—and what kind of transit group would support a candidate like that? However, I found no evidence anywhere that Jason Rantz has endorsed or expressed support for Durkan—which makes sense, given that Durkan is a liberal Obama appointee and a mainstay in the local Democratic Party establishment. Rantz doesn’t write about Seattle electoral politics much (his audience is more “hypertensive suburban MAGA dad” than “Seattle odd-year voter”) but I did find one piece where he mentioned Durkan—as the candidate to vote for if your issue is “identity politics.”
If you enjoy the work I do here at The C Is for Crank, please considerbecoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.
If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue doing interviews like this one, which take an average of about 8-10 hours from start to finish. This site is funded entirely by contributions from readers like you. Thank you for reading, and I’m truly grateful for your support.
Scott Lindsay, the onetime public safety advisor to former mayor Ed Murray who is challenging City Attorney Pete Holmes, was in the news a few weeks ago for leaking draft legislation that would offer limited amnesty from fines and impoundment to people living in cars and RVs and create dozens of small safe lots for people to park their vehicles around the city. Lindsay released an early version of the bill, sponsored by city council member Mike O’Brien, last month, forcing O’Brien to quickly amend and release the proposal and to hold a hasty press conference to walk back some of the more controversial elements of the draft Lindsay leaked. Lindsay’s reputation as the guy who defended Murray’s encampment sweeps, and his efforts to kill legislation reviled by neighborhood activists, like O’Brien’s RV bill, helped earn him the endorsement of the Seattle Times, which effused about his “tougher,” “stronger,” more “aggressive” approach to homelessness and drug addiction. But Lindsay has also won endorsements from onetime Holmes supporters like Harriet Walden and Lisa Daugaard, two members of the Community Police Commission and longtime advocates for police accountability and reform. The CPC soured on Holmes when he proposed delaying police reform legislation earlier this year.
I sat down with Lindsay at Cupcake Royale in Madrona.
The C Is for Crank [ECB]: When we set up this interview, you said you could make a strong case that people who lean further left should vote for you. From what I’ve seen so far, most of your support has been coming from the right, from places like the Seattle Times editorial board and neighborhood groups like Safe Seattle. If you’re the candidate for the left, why are those groups so convinced that you’re their guy?
Scott Lindsay [SL]: I have no idea what their impressions are. I’ve clashed in very public ways with them. What makes me different, and maybe what they might find attractive, is, I’m willing to go talk to them, and I’m actively trying to convince them that fighting supervised [drug] consumption [sites] is maybe not the smartest use of their resources. The thing that also may differentiate me is that I do think we have some public safety issues in the city of Seattle, and I’m willing to acknowledge that. I think we’ve heard a lot of talk about a progressive approach to public safety. We have not seen action and we have definitely not seen results, and I’m a guy who is going to not only say it but do it.
ECB: What are some of the places where we haven’t seen results?
SL: Holmes, and in fact all of the Seattle political establishment, talks as if we have implemented significant criminal justice reforms in Seattle when we’ve not. We’ve not. The [Law Enforcement Assisted Diversion program has been in existence for five and a half years, and it’s barely grown outside of downtown into Capitol Hill. [Eligibility for LEAD] has not yet expanded out of the narrow classification of [criminal] charges that we started with. That program is touching just some tiny portion of the population that actually needs it. Holmes says that the cosponsored LEAD, but I haven’t seen any evidence of his engagement over the last three years. We’re not delivering on that program. We’re not delivering on criminal justice reform within the court system. And so the result is, people are cycling through the system repeatedly, and reoffending to a significant degree.
ECB: What do you say to neighborhoods when they’re already worried about Navigation Centers bringing more homeless people into their communities? It sounds like you’re saying to them, ‘We’re going to take people directly out of jail and bring them into your neighborhood.’
SL: Well, they’re going directly out of jail and into your neighborhood anyway.
What I told the Seattle Times is, I laid out a specific plan and I said we need to address the intersection of criminally involved individuals who are suffering from addiction and suffering from homelessness. And I brought to them specific data about how that population makes up the bulk of people currently being prosecuted by the city attorney and how we’re getting very crappy results in terms of trying to change the behavior of that population.
ECB: Do you believe that the population of homeless people with addiction is primarily responsible for crimes like car prowls and break-ins?
ECB: What makes you so confident?
SL: Because that’s what our data tells us, and that’s what our police tell us, and that’s what our courts tell us. Go to SPD and they will say that virtually 100 percent of the car prowls in the North Precinct are committed by people whose underlying issue is addiction, principally heroin and methamphetamine.
ECB: I find addiction as a contributing factor easy to believe. What I don’t know, and what I’m asking, is how many of the people committing property crimes are homeless. I have heard many people in the neighborhoods express the opinion that by cracking down on homeless people, the city will solve the problem of property times, and I’m wondering if you think that’s true.
SL: I am the first to say that we are not talking about all homeless. The county has done good work on this. What we know is, it’s people with addiction and who are unsheltered who are currently going through the system. That does not mean that the vast bulk of homeless individuals are criminally involved or that they’re struggling with addiction, but the folks who are in the criminal justice system are very substantially homeless and suffering from addiction.
This is our status quo—the streets-to-jail cycle—right now. We’ve got a lot of folks who are coming out of the criminal justice system right back onto the streets, right back into homelessness, right back into drug addiction. So we have to go and do proactive outreach to folks where they are. The Navigation Team is a form of proactive outreach that’s trying to find low-barrier housing and services for folks to get them out of the cycle before they enter into criminal justice system.
The second [intervention] is diversion after arrest. That means expanding LEAD citywide and expanding the total number of qualifying crimes for LEAD. If somebody’s committing a car prowl right now, and they are arrested right here, and their underlying issue is addiction and homelessness, that would be a perfect client for LEAD. And yet because we’re outside of the geographic boundary [of LEAD] and car prowl is not a qualifying crime, they are not eligible to be diverted. Then, if we arrest somebody whose underlying issue is addiction and homelessness [and the case goes to court], we should tie that judge into the Navigation Team, into LEAD, and have, in effect, a street court that is oriented around a harm reduction approach.
And then, in jail, we have to have treatment options. The second somebody on a Seattle Municipal Court charge is booked into a jail and if they [have heroin] addiction, we need to be offering them counseling and, if not methadone treatment, which can be more involved, then at the very least suboxone.
And finally, we need to have a serious warm handoff. Instead of pushing folks [leaving jail] out onto the street who we know came in homeless, came in with addiction, let’s crate warm handoffs, all tied into the Navigation Center and the Navigation Team.
ECB: So is idea they would exit jail and go straight into the Navigation Center?
SL: I think so, yes—or in a setting similar to the Navigation Center facility.
ECB: It seems like that would require a scaling up of our shelter facilities that isn’t anticipated in the Pathways Home plan (which proposes a shift from shelter to permanent housing) or in the city budget.
SL: This is a four-year plan, but absolutely, if we’re going to be serious about these things, we need to have a vision, have an architecture, and then fund these things appropriately.
ECB: What do you say to neighborhoods when they’re already worried about Navigation Centers bringing more homeless people into their communities? It sounds like you’re saying to them, ‘We’re going to take people directly out of jail and bring them into your neighborhood.’
SL: Well, they’re going directly out of jail and into your neighborhood anyway. And so the question is, can we do something to reduce the impact of that? We already have a lot of transitional and halfway housing around Seattle. We’ve been able to manage this in the past. The Navigation Center is a temporary way station on the way toward, hopefully, more permanent options.
ECB: Would you have released the draft [of Mike O’Brien’s RV legislation] if you were city attorney?
SL: Not if they were seeking my attorney-client privileged legal advice.
ECB: What if they weren’t, and you just didn’t like a piece of legislation and you wanted to slow it down?
SL: I think the city attorney should speak publicly on issues of significant importance to the city.
ECB: Why did you leak O’Brien’s RV legislation—or do you dispute the term ‘leak’?
SL: I dispute the term ‘leak.’
ECB: Okay, how come?
SL: So O’Brien had created his [vehicular living task force]. They’d made their recommendations in April. He then worked up the legislation and his office spread it to a lot of stakeholders. They briefed it to some other council members. They briefed it to city departments. And it spread to series of stakeholders. His office then put out an email out 15 to 20 stakeholders that they were introducing that version of the legislation imminently and it was in the law department for a final review—with minor revisions, but they made clear that it was final. That version of the legislation was in the hands of 50 to 100 people. It was not closely held. In that email, they said, we are introducing it imminently and we’re going to have two hearings on it his month and vote it out of committee right after Labor Day. It was a very truncated legislative process right in the middle of August, when a lot of people aren’t paying attention. That had me very concerned, because I thought the legislation was deeply flawed in a legal sense and a policy sense, and that O’Brien was going to try to shove it through at the wrong time. I wasn’t going to do anything with it until his office said they were introducing it imminently. Once they said they were doing that and on such a truncated timeline, I made it public.
ECB: Would you have released the draft if you were city attorney, rather than a candidate for city attorney?
SL: Not if they were seeking my attorney-client privileged legal advice.
ECB: What if they weren’t, and you just didn’t like a piece of legislation and you wanted to slow it down?
SL: I think the city attorney should speak publicly on issues of significant importance to the city. I have very specific experience with this. I was the guy who created the RV safe lots [a safe RV parking program that the city abandoned after deciding it cost too much.] I tried to make those work. I saw what the challenges were. So I have experience. I’ve also seen how Mike O’Brien’s program, Road to Housing, which we spent several hundreds of thousands of dollars on, was a serious flop. [Road to Housing was a program that encouraged churches to allow people living in vehicles to park in their lots. Ultimately, it only created a dozen safe parking spots]. So I’m not coming at this as, ‘Oh, I got a special document and I’m just going to throw it out there.’
“They had a small group of investigators that were able to make sure the domestic violence cases were able to be filed right away. Holmes says domestic violence is a top priority, but he took away these investigators. SPD’s domestic violence unit is telling me, ‘Here’s why we’re getting shitty results out of our domestic violence cases.'”
ECB: Why did you think O’Brien’s plan wouldn’t work? What was the issue?
SL: I think the blanket amnesty [from fines and towing] is just a very legally problematic policy. The thought that we could create 50-some safe lots is unfortunate—it’s counterproductive because we already have experience with this. At the end of the day, what we found was that trying to serve people in their vehicles and to help them stay in their vehicles is the most expensive way to try to service this population.
ECB: So what is a more effective and affordable solution?
SL: I think we need to vastly ramp up the outreach, and outreach to somewhere. Just going and sending an outreach worker alone and cold to a situating and saying, ‘Hey, would you like services?’—the answer is almost always ‘No, thank you.’ Having a police officer try to resolve the legal issues and the social and health issues at the same time is a more effective model.
ECB: You said that ‘blanket amnesty’ isn’t workable from a legal perspective. It seems to me that from a ‘managing homelessness’ perspective, towing people’s vehicles away isn’t working either, since they go from being homeless people in cars to being homeless people in tents and doorways.
SL: There’s a way to do this with appropriate controls and forgiveness, where we say, if your vehicle’s broken down and you received tickets and all you need is $250 for a new starter, we’re going to forgive the tickets and we’ll help you with the starter, but you have to get your vehicles back into basic legal compliance. We absolutely should not be towing somebody’s vehicle away if it’s just a matter of some basic economics. At the same time, to say that there’s blanket amnesty if you’re living in a vehicle creates a whole host of significant issues.
Go under Spokane Street. We had massive fire hazards. We had major public health problems. We had widespread exploitation of women. We had serious drug dealing and other issues. And we had a homicide just three weeks ago. How is the city going to manage the impacts of significant accumulations of vehicles in one location if there’s a blanket amnesty?
ECB: Let’s shift gears and talk about domestic violence. You accuse Pete of declining to file more DV cases than any city attorney in recent history. His counter is that he’s been boosting more DV cases to felony status, which goes through the county court system, and that the number of DV cases that come before the city attorney are cyclical. How do you respond?
SL: The decline rate, at which they refuse to file cases up front, is 65 percent. That is the highest that it’s been in Seattle’s history. In 2009, it was under 50 percent. So, per the city attorney’s own stats, they are declining to file more cases than they ever have in the history of Seattle. [Ed: The city attorney can decline to file a domestic case for prosecution for many reasons, including a victim who is unwilling to testify, incomplete or unclear paperwork, or an accuser who decides it’s safer not to press charges; charges that are boosted to felonies also show up as declines].
One of the major problems is that Pete Holmes has been shuffling and reshuffling the criminal division and moving people around. They had a small group of investigators that were able to make sure the domestic violence cases were able to be filed right away. Holmes says domestic violence is a top priority, but he took away these investigators. SPD’s domestic violence unit is telling me, ‘Here’s why we’re getting shitty results out of our domestic violence cases.’ It used to be the case that when there was some missing information, the investigators would complete that—no problem, it’s a little Google search, boom, complete. Now the city attorney’s office says, ‘Okay, SPD, this case isn’t ready to file,’ and they send it back to the officer who’s out on the street. And that officer may be on vacation, or maybe he has a really full workload. Maybe it gets pushed to the back of pile, and they maybe complete it a week, two weeks later. The case gets more and more stale.
Domestic violence cases are hard, but they haven’t fundamentally changed in the last 30 years, and Holmes has a burden to explain why, if you are an abuse survivor in the city of Seattle, the prospect of you making it through this process and holding your abuser accountable is slim to none. He says it’s a priority. Those numbers don’t show that. Those numbers show that, in fact, we are badly failing survivors.
Read my pre-primary interview with Lindsay, where we discussed even more issues, including the role of the Community Police Commission in police reform, here; and check out both my recent conversations with City Attorney Pete Holmes here.
City attorney Pete Holmes was first elected in 2009 as a reformer. A bankruptcy attorney who advocated for marijuana legalization and was one of the original members of the Office of Professional Accountability Review Board (OPARB), the body that reviewed disciplinary decisions in police misconduct cases, he challenged then-incumbent Tom Carr from the left, assailing Carr for cracking down on minor crimes like pot possession and waging war against bars and clubs while letting DUI and domestic violence cases molder. Now, Holmes’ challenger, Scott Lindsay, is ripping some pages from the city attorney’s own playbook, accusing him of allowing domestic violence cases to founder, ignoring crimes committed by homeless people and people with substance use disorders, and failing to implement criminal justice reform.
I sat down with Holmes last month to discuss his record, Lindsay’s accusations, and issues ranging from health care to homeless RV residents to downtown disorder.
The C Is for Crank [ECB]: Your opponent, Scott Lindsay, has accused you of deprioritizing domestic violence cases in your eight years in office, pointing to stats that show a steady decline in the number of cases filed. How do you respond to this allegation?
Pete Holmes [PH]: That is simply, unequivocally wrong. And it’s unfortunate because, without getting defensive, it is quite easy for someone smart like Scott to take the stats out of context and give them a spin that is at best misleading and at worst, intentionally creates a completely false impression that is, in fact, diametrically opposed to what my policies are and what the performance has been. In truth, domestic violence referrals from SPD, as well as [case] filings, have been cyclical. They have gone up and down over the last 10 years.
What happens immediately in every case is that advocates reach out to the victim and assess whether or not a case needs to be filed. Sometimes the victim doesn’t want it to happen. What’s best for the victim is always assessed early in a case. Frankly, we’re making better decisions [on which cases to file.] A referral to the county for prosecution as a felony case, instead of filing as a misdemeanor, will show up as a decline. That’s really what a really good domestic violence section does, is to do triage. We don’t have the resources to file every case, nor would you want to.
If there is a follow-up investigation required for a misdemeanor, there are next to no resources available for that. In fact, for years, SPD had no detective support whatsoever for any misdemeanor domestic violence referrals. So, in other words, whatever the patrol officer got that evening on response is all we have. Today, as we speak, we have one [full-time] detective at SPD that’s handing an average of about 1,500 cases. And this is not a criticism of SPD. They’re managing resource problems in the same way that we are. They do have a team that’s dedicated to felony domestic violence investigations. If it’s a felony, they get full backup support, and we have to get in line and wait. So that’s why our triage is even more important. This is something that I have talked about with every police chief since chief [John] Diaz: ‘Please make sure that this stays on your radar. We need misdemeanor support.’
“I know that the one thing even council members with whom I have had strong disagreements over the years, and there have been many will, tell you is that even when they’ve disagreed with Pete, they have never feared that Pete is going to somehow rat them out or put them in a false light.”
ECB: And nothing has improved since Diaz?
PH: Well, it comes and goes. The domestic violence unit under Captain Deanna Nollette is hugely supportive. It’s not a criticism. I recognize that we’re all struggling to get the job done, and we’re always using triage. That’s true with SPD as well as our office.
That’s the other thing that’s so disappointing when Scott pulls these stats and does not give the full story. This shouldn’t be a finger-pointing exercise. When you go public with stats like this, it’s not unlike if you leak an early draft of an ordinance. [Lindsay released an early version of city council member Mike O’Brien’s legislation creating protections for people living in their vehicles.] That’s not a good way to encourage collaboration.
ECB: Since you brought it up, what do you think was the impact of Scott leaking the RV legislation?
PH: That’s a great question for you to ask the council members. I know that the one thing even council members with whom I have had strong disagreements over the years, and there have been many will, tell you is that even when they’ve disagreed with Pete, they have never feared that Pete is going to somehow rat them out or put them in a false light. Because all these things have a lengthy, deliberative fact-gathering process, and arriving at the best policy is not waking up one morning and saying, ‘We should have an ordinance that says this.’ It’s going, ‘This is a problem. How should we address this?’ And you go through a lot of iterations. I don’t want to get in [O’Brien’s] head and say whether he felt pressured to get it out, but I don’t see how it was avoidable, frankly. And that’s why you shouldn’t do attention-grabbing stunts like that, especially if you’re going to be an ethical lawyer. That is precisely the wrong way to have a mature debate about a lightning-rod issue. If you want to throw red meat, if you want play on people’s fears and prejudices and anger, that’s Page 1 in Donald Trump’s playbook, and it only lends itself to poor, poor policy making.
ECB: What do you think of the legislation itself, which proposes opening dozens of small lots for people living in their vehicles and granting amnesty from parking tickets and fines for people living in their vehicles who agree to participate in a program?
PH: I’m not going to comment on that, except to say that under Scott’s tenure, the executive tried the approach of having these car camps, these designated parking spots, and I think the results speak for themselves on that. [The city abandoned the “safe lot” and “safe zone” program after concluding that the “safe lots” cost too much and the unmonitored “safe zones” resulted in too many public safety risks]. It doesn’t mean the problem went away. There are litter and human waste issues. The allegations of criminality at least have to be investigated. But when you ask people, ‘What would you like to do?’ that’s when usually people start to be quiet and say, ‘Well, seriously—is the tow truck driver going to tow away the camper that’s got a family in it?’ Perhaps there are some really hardened tow truck drivers who will do that, but are you comfortable with that if you’re in the position of authority and authorizing that?
“If you want to throw red meat, if you want play on people’s fears and prejudices and anger, that’s Page 1 in Donald Trump’s playbook, and it only lends itself to poor, poor policy making.”
So, a, the problem hasn’t gone away. B, the only thing you can do is to attempt to address it. And c, when you criticize early efforts in that way, especially in this office, it is so wrong-headed. It should be self-evident, but if you are simply walking into a room of people who are angry about homelessness for whatever reason—maybe they feel genuine distress about the plight of the homeless, maybe they just don’t like the blight of their city, whatever their reason, they’re angry about it—having a shouting match is just not going to lend itself to really good decision-making.
ECB: Your opponent talks a lot about how he came up with the idea for Navigation Teams [groups of police and social service providers who offer services before sweeping homeless encampments] when he worked at the mayor’s office. Do you think the teams are an improvement on the way the city used to do encampment sweeps?
PH: To an extent. I certainly have been impressed by the officers and the teams that include social service providers. That has been a much better response than the status quo, which was: Send out a cop to make an arrest. They are now actually engaged in bona fide problem-solving. I think it’s the right approach. But the big question is, are there sufficient resources for the Navigation Team to refer people to, and that’s always going to be the question.
There is also an issue about how the resources of the executive compare to the resources of the city attorney. If you’re running for this office, you need to make sure that you correct any misimpressions about just what it is you can do. You can promise that you’ll cure rain in Seattle. It does beg the question, how are you going to do that? It seems like [Lindsay] really got ahead of himself and doubled down when he said [to the Seattle Times editorial board] that he was the only person in the mayor’s office working on homelessness. That’s not true on its face, and it ignores that the mayor is the executive who appoints all the department heads—like human services, like SDOT, like the chief of police. All of those are subject to mayoral direction and that includes spending of resources the actual general fund. So the city attorney, in that case, is very much in a supportive role.
I think the city attorney’s role is also to say, ‘I’m sorry, Mr. Point Person for the Mayor [Lindsay], if you’re going to use prison labor to clean up an unauthorized encampment, that is a nonstarter from a liability perspective. I would like to think that you have enough just social justice chops in your body to understand that that’s a stupid thing to do—a heartless thing to do—but if you don’t, here’s the legal analysis. If one of these guys gets pricked by a used needle without the proper equipment by a used needle we are on the hook. So if you don’t understand common sense, here’s a legal analysis for you.’ That’s what the city attorney does.
ECB: What do you think of the merits of the lawsuit against Initiative 27, which would ban supervised consumption sites throughout King County?
PH: I can’t get into [the merits] because I’m looking at a response right now to the initiative. But it’s completely wrongheaded policy, and it’s an example of what I’m talking about. What’s disappointing about my race is that Scott is effectively playing into that same angry narrative. He is going after the people who want to just call a cop and ‘clean up these people, clean that tent, send these people packing on their way. What do you mean you’re going to allow people to shoot up? Are you crazy?’ And these are people that have done zero research, have probably next to no public health qualifications, and it is emblematic of how we backslide.
We do, at best, an ineffective job of trying to get policy headed in the right direction—that is, a public health approach to a public health problem. I think Scott is playing into that, and that is so disingenuous. It’s so cynical. That approach is simply going to mean that, well, the pendulum may just swing back the other way, which is, call the cops. Maybe we’ll renew the debate over whether we should have a municipal jail, because there are consequences to every policy decision you make. So if we decide we’re going to go back to a law enforcement approach, a criminal justice approach, to a public health problem, then you’re going to overtax the criminal justice system. You may find us having a difficult time maintaining the reforms under the federal consent decree when you start asking cops to go deal with addicts. That approach has failed. We can’t have backsliding right now, and the thing that’s going to make us most susceptible to backsliding right now is pandering.
“I think the city attorney’s role is also to say, ‘I’m sorry, Mr. Point Person for the Mayor [Lindsay], if you’re going to use prison labor to clean up an unauthorized encampment, that is a nonstarter from a liability perspective.”
ECB: Are the existing therapeutic courts sufficient to deal with all the people coming into the criminal justice system needing help with mental illness and addiction?
PH: Anything that is resource-oriented is insufficient. I can tell you, we simply don’t have enough resources. The criminal justice system is a bad place to deliver public health services. That said, there aren’t enough resources that we actually can refer people to and say instead of going to jail, I’m going to refer you to counseling or inpatient treatment or whatever. We can only do that now if we invoke the involuntary commitment act, where you’ve actually got someone who is not competent to stand trial and is a danger to themselves or others.
The preference would be that we upstream all these things and avoid the criminality in the first place. That’s the problem. Say you’ve got someone who’s not a criminal, who’s an addict, or you’ve got someone who’s mentally ill, and then we try to say, ‘Well, we’re going to force you to get that treatment.’ We obviously need to do that when that’s the only option we have, and we need more resources to do that, but where I struggle and where the policy debate needs more calm discussion is, how are we going to allocate more policy resources upstream? Every time you say, ‘We’re going to call the cops and make an arrest,’ that’s some money that can’t go upstream. The pie ain’t getting any bigger.
“We can’t have backsliding right now, and the thing that’s going to make us most susceptible to backsliding right now is pandering.”
ECB: What would you consider to be upstream of even programs like [Law Enforcement Assisted Diversion, the pre-filing diversion program for low-level offenders] or arrest?
PH: It would be wonderful if we had universal health care, but if we were able to do as much as we can to compensate for the lack of universal health care, that alone would be a huge public safety advance.
ECB: Would you support a program along the lines of Healthy San Francisco, which provides health care to people who don’t qualify for Medicaid but also can’t afford or access insurance?
PH: Again, it begs the resources question. It’s going to cost money. Obviously, it makes sense to me, because it’s going to get you the better solution, but I can just sit here and hear the counter-arguments—that, ‘Oh, it’s Freeattle all over again. You’re going to offer these services and attract more people.’ That’s going to be the debate, and it’s going to be so unhelpful. The role of the city attorney is to make it more likely that that debate is going to happen and happen in a productive way, and I would support having that debate.
Read my pre-primary interview with Holmes, where we discussed even more issues, including encampment cleanups and the role of the Community Police Commission in police reform, here.
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If you enjoy the work I do here at The C Is for Crank, including this series of interviews with the candidates for mayor, city attorney, and (later this summer) city council and Port, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.
City attorney Pete Holmes was first elected in 2009 as a reformer. A bankruptcy attorney who advocated for marijuana legalization and was one of the original members of the Office of Professional Accountability Review Board (OPARB), the body that reviewed disciplinary decisions in police misconduct cases, he challenged then-incumbent Tom Carr from the left, assailing Carr for cracking down on minor crimes like pot possession and waging war against bars and clubs while letting DUI and domestic violence cases molder. Now, Holmes’ challenger, Scott Lindsay, is ripping some pages from the city attorney’s own playbook, accusing him of going soft on police accountability, ignoring the consequences of the opiate epidemic, and ignoring problems in homeless encampments. I sat down with Holmes to discuss his record, his path to reelection, and the case his opponent laid out against him at a Starbucks across the street from City Hall.
Erica C. Barnett [ECB]: Your opponent, Scott Lindsay, got in the race late, and only after his boss, Mayor Ed Murray, was accused of sexual abuse. Were you surprised that he decided to run against you, and how do you respond to his statement that you have little to show for your two terms in office?
Pete Holmes [PH]: [When I ran], I was at that point in my legal career that I finally felt that I just maybe had enough experience in the law to be the city’s lawyer. Back in ’09, when I ran, I had made partner at a major downtown firm; I knew my way in and out of court; I advised big and little clients businesses and individuals; and I really had a sense of what the law was about. All of that readied me for the challenges that lay ahead at the city of Seattle.
“I think Scott wants a job, and I would just urge him not to give up on that ambition, but learn what it’s like to be a lawyer first.”
A candidate for office told me recently that from their perspective, I was a candidate that ran for a specific office with a specific mission and that was absolutely right. It was no surprise to [then-city attorney] Tom [Carr] that I was going to run against him. I had spent the previous three or four years at that point debating with him, trying to get him to do the right thing on transparency and police accountability, trying to work with him, and finally realizing that, you know what, I can’t complain. I need to step up and say, ‘Here’s my vision, and it’s different from yours.’ We had big difference of opinion on police reform, drug policy, things like that, and it was only at that point in my career that I felt like, I know what the practice of law is all about, I feel secure in the knowledge that I’ve learned my craft, and maybe, just maybe, I could presume to be the city’s attorney.
I think Scott wants a job, and I would just urge him not to give up on that ambition, but learn what it’s like to be a lawyer first.
ECB: Lindsay received some surprising early endorsements from two members of the Community Police Commission who had been your allies, Lisa Daugaard and Harriett Walden, who both argued that you had hindered the group’s efforts to increase civilian oversight of the Seattle Police Department. Daugaard criticized you, specifically, for opposing the CPC’s request that it be allowed to refer complaints directly to the city’s Inspector General for investigation, and for your request to delay submitting police reform legislation to the council. Without getting too far in the weeds, what was your issue with the way that the CPC wanted to implement civilian oversight, and why did you seek to start the process over?
PH: The sheer size and scope of the CPC is, I think, the biggest concern. A budget that’s probably close to $2 million annually is something I’m not sure the city can afford. But the really fundamental question I have is, why we have allowed ourselves to forget the fundamental purpose of civilian oversight? It’s to hear what the community thinks about policing services as delivered where they live. I think Lisa would say her theory is that the CPC should be a commission of subject-matter experts—her, term not mine—and my counter to that is, I want all of my expertise, my academic and practical expertise, to be in my command staff and especially my chief of police and my professional overseers, like the [Office of Police Accountability, formerly the Office of Professional Accountability] director, who’s investigating individual misconduct cases, and the inspector general, who’s looking more broadly at policy.
“We’ve had all of these reform efforts that end up with a blue ribbon panel pontificating about the need to get community involvement and things are smoothed over for a little while. So the fact that we’re under federal oversight is our best opportunity and maybe our last opportunity.”
So what role does the CPC serve? It’s to say how well all this expertise is translating into the streets. Is the chief managing appropriately? Is the inspector general managing broad policy themes that need attention? Is the OPA director holding people accountable for the thoroughness of investigations? At the end of the day, we need to know how the guys who have a gun and a badge are interacting with our fellow residents here in the city, and if you’ve got a committee of subject matter experts that are studying established practices and doing all those kinds of things things that I hope the IG and the OPA director and the chief of police are doing, then who’s taking the time to listen to the community?
There’s one person that you ultimately hold accountable for holding your cops accountable, among many safeguards, and that’s your chief of police. So number one, if you have taken all of these policy areas away from the chief, then the chief will say, ‘You know what, I’m sorry that our department is not delivering services to, say, an African-American community the way you think they should, but you took all that power from me and you gave it to this commission of subject matter experts.’ And it’s already difficult enough under our current contracts for discipline to stick. All of the major discipline decisions, all the firings [Police Chief Kathleen O’Toole] has done, with very few exceptions, have been contested, and my office has to defend all those things. So what I worry about is not only would your existing chief finally say, ‘You know, look, I give up,’ but when you have to replace Chief O’Toole, who’s going to come to a city that is so heavily laden with politics and procedure? It’s like, ‘Can I run my department, please?’ It might scare away a good candidate.
ECB: Do you expect that the ongoing effort to comply with the federal consent decree that’s currently still in place at SPD will remain on track, given that Attorney General Sessions has suggested that he wants to pull back on police reform?
PH: What we have to remember is that we would not have made the progress we’ve made to date, including the CPC, but for the federal intervention. We’ve tried over the decades to do reform and have only gotten a little bit of window dressing, and then it goes away. The unions retain their power through a collective bargaining agreement and mayors routinely get worn out and say, ‘Oh, God, please just get it done so I can move on to the next thing,’ and we’ve all inherited decades of that. We’ve had all of these reform efforts that end up with a blue ribbon panel pontificating about the need to get community involvement and things are smoothed over for a little while. So the fact that we’re under federal oversight is our best opportunity and maybe our last opportunity.
Fortunately, we’ve got that so-called judge [federal judge James Robart, whom Trump called a “so-called judge” when he refused to enforce the original travel ban]. I really think Judge Robart is nothing but a no-nonsense judge and he is not going to say his order has been met fulfilled until he believes the order has been fulfilled. Jeff Sessions is not going to tell him when it’s been fulfilled, and for that matter, no one of us city officials is going to do that. I do think that at some point, I’d like to see the unions in front of Judge Robart bringing forth all their concerns so that we can really have comprehensive contract-based reform.
And by the way, it’s not about the size and scope of the CPC that I first broke with Lisa [Daugaard]. They lobbied hard to make me appeal Judge Robart’s decision [delaying the city’s police reform legislation in 2016] and make them a party to the lawsuit and at some point I just said no.
“At some point, the city has got to be able to negotiate its contracts. It’s got to be able to hire and fire officers. It’s got to be able to appoint chiefs. The [CPC’s] approach is going to actually confound the ultimate goal of having a well-disciplined, well-trained, and community-respected police force.”
If [the CPC is] telling the council that Judge Robart is stopping [them] from doing [their] work and that the city attorney is letting him get away with it, it’s really hard to go back to the council and explain that we would not be where we are but for Judge Robart and this consent decree. It’s the same pitch that I couldn’t get [former mayor] Mike McGinn to fully appreciate. I remember telling him, ‘Mike, no one’s going to blame you for the police department you inherited, and nobody’s going to forgive you if you let this opportunity go away. So you can either treat DOJ as an invading force or the wind in your sails for reform.’ And we never quite got on the same page, but it’s kind of the same theme that was playing this time around, with the CPC wanting to be permanent, full-throated advocates in front of the judge. At some point, the city has got to be able to negotiate its contracts. It’s got to be able to hire and fire officers. It’s got to be able to appoint chiefs. The [CPC’s] approach is going to actually confound the ultimate goal of having a well-disciplined, well-trained, and community-respected police force. That’s my concern, and you can’t explain that in a sound bite.
ECB: It seems to me that there’s a fair amount of bad blood between you and Lisa Daugaard.
PH: It’s not bad blood. I believe she sincerely believes in what she’s doing, but she cannot be chief of police and Inspector General and OPA director all in one fell swoop, and you can’t make the Community Police Commission into those bodies. I think fundamentally, who represents the community is really the question. Just because the Community Police Commission has ‘community’ in its name doesn’t mean they own the community.
“When you get to the point where you’ve exhausted a housing-first services approach and you’ve still got someone who says, ‘I like being here stealing bicycles or dealing drugs’ or whatever, then you’ve reached a point where you say that’s not an option. You’re going to be arrested and Pete’s going to prosecute you.”
ECB: Will you extend the Law Enforcement Assisted Diversion program [which gives low-level offenders the opportunity to avoid charges if they accept services and participate in a structured diversion program] to the rest of the city, and is there anything you would like to change or improve about the program?
PH: Intuitively, I am convinced that LEAD is a correct approach. A correct approach—not the correct approach. Because LEAD addresses one small element of the overall population that we need to address. The danger with elevating something like LEAD as the answer, the silver bullet, is that if you’re looking a 360 degree [range of offenders and solutions], LEAD represents only about ten degrees of that arc.
You remember in 2013, when I got that letter from SPD about 28 or so of the so-called hardcore offenders downtown, and they demanded I issue warrants for all of them? I said, ‘No, because you did none of the background work to tell me what their issue is. You can’t just tell me you issued three tickets to them and they didn’t respond. I want to know, are they homeless? Are they drug addicted? What have you done to address their issues?’ And if you’ve done all of that and they’re resisting, they’re just simply refusing our offer, then you’re right. Then we’ll intervene. But you’ve got to show that it’s a credible threat.
Same thing with homelessness. I’ll work with you nine ways to Sunday to figure out what are your obligations when dealing with the homeless encampments, but I’ve got to tell you that when you get to the point where you’ve exhausted a housing-first services approach and you’ve still got someone who says, ‘I like being here stealing bicycles or dealing drugs’ or whatever, then you’ve reached a point where you say that’s not an option. You’re going to be arrested and Pete’s going to prosecute you.
ECB: Since you brought it up, let’s talk about sweeps. How do you think the city’s new Navigation Team, which your opponent takes credit for setting up, is doing at getting people living in encampments into shelter, housing, and services?
PH: I think that the Navigation Team is learning that if they don’t have actual, real resources, they won’t succeed. I don’t mean the Taj Mahal. But the shelters don’t work for a variety of circumstances. We’ve got to meet people where they are. If we’re providing housing that addresses all those areas and it’s refused, then you have to act. You have to say, ‘You can’t stay here,’ and you’re going to make an arrest at some point.
It’s interesting how all our labels are conclusory. If it’s bad, it’s a sweep. If it’s good, it’s an encampment cleanup.
ECB: I would say ‘sweep’ is fairly accurate. I’m not calling it a ‘purge.’
PH: If you’re not, as a practical matter, addressing human needs, if you’re not dealing with their personal effects, then yeah, I guess it is a sweep. But if you are doing that and you’re simply doing a cleanup, that’s a positive sweep. That’s sweeping up the detritus, the non-valuable property left behind that’s just from living and the human condition.
“If you want to avoid the guy passed out on your store or doorstep, if you want to deal with that compassionately and effectively of course we’ve got to have this. And maybe it’s going to be next to [someone’s] home in Laurelhurst.”
ECB: Scott seems to blame you for ending some of the specialty courts that were once available as alternatives to the regular court system, like mental health court and community court. Why were those courts eliminated, what were they replaced with, and how do you think the current system is working?
PH: I think that the defense bar recognized that by opting into community court, they were basically agreeing to a much longer [period of] supervision and interference than if you just simply said, ‘No, I’ll take my chances at regular court.” The defense bar was advising clients not to accept the community court offer because there were too many conditions attached to it. So what the municipal court did was to say that instead of community court being the one place where you opt in [to alternatives to incarceration that include access to services], we want to make sure that all of those resources are available to all judges in all cases so that they can fashion remedies. In some ways, the municipal court may have expanded community court rather than disbanded it. So Scott doesn’t have the full story. It is in transition. I believe the defense bar would prefer to be working with us, because when we, both prosecutor and defender, see someone who is in the throes of an addiction and of course is making life miserable for everyone around him as well as himself, the last thing we want to do is just throw him in jail.
ECB: How will you support the creation of a supervised drug consumption site in Seattle, and how likely do you think it is that Seattle will accept it?
PH: We got to a state with marijuana where people are finally saying, ‘This actually works pretty well.’ Like the holdout cities that were saying, ‘No way are we gonna allow pot use in our city’—they’re starting to see that Seattle went from over 150 unlicensed, troublesome [medical marijuana] dispensaries to 50 well-lit, well-regulated legal dispensaries. And now they’re saying, ‘I want some of that in my town.’ It’s going to be the same thing with these medical sites We made the decision, wrongfully, to say, we’re going to put public health problems in the criminal justice system. So my role has been to try and slowly release those tentacles and get medical and health care professionals to get responsibility for it. When people say, ‘Where should they be?’ I say, I don’t know, but that’s why I want to hear form the medical professionals. And then I’ll help you with the land use issues and the criminal jurisdiction issues.
ECB: The answer to the question of where a safe consumption site will be located is purely political, though—it’s wherever people will accept it.
PH: I’d say that’s the cynical political answer. I think at some point, once we have helped switch this bad course that we went down of criminalizing public health problems, then I think we’re going to start seeing people get it. If you want to avoid the guy passed out on your store or doorstep, if you want to deal with that compassionately and effectively of course we’ve got to have this. And maybe it’s going to be next to [someone’s] home in Laurelhurst.
In some ways, opioid addiction might even be easier than marijuana legalization, because it cuts across all demographic groups. So what I think you’re discounting is that for every person who says, ‘I don’t want to step over them anymore,’ there’s also going to be a person whose brother is the person being stepped over. We showed a better approach [to marijuana use] than prohibition, and opioids is going to be a tougher one—it’s definitely going to need the medical community more involved—but I get so passionate about it, because you can just see how wrongheaded our traditional approach has been. And I could say, ‘Let’s do this’ and get reelected and start looking at the next office, or I can say, ‘How can I fundamentally change a bad policy?’ That’s not a small order. That’s a long haul.