Tag: Pete Holmes

City Attorney Pete Holmes Will Seek Fourth Term

By Erica C. Barnett

City attorney Pete Holmes is running for reelection, he told PubliCola Monday, in a wide-ranging conversation that covered the federal consent decree, the state of downtown Seattle, and last year’s historic protests. If he’s reelected, Holmes said, he will have served alongside six mayors, about 30 council members, and “six or seven police chiefs,” and “we’ll be negotiating my third or fourth police contract.” Coming out of the pandemic, he said, “I can’t think of a time that it’s been more necessary to have steady and strong leadership.” If Holmes didn’t run again, in other words, who would take his place? Scott Lindsay?

That’s a scenario that makes many Seattle progressives shudder, and why you can expect to see most of them supporting him this year. (State attorney Bob Ferguson is an early endorser).

Holmes, who was first elected in 2009, has been an easy conservative punching bag, beginning in his first term, when he dismissed all pending marijuana cases and campaigned for Initiative 502, which legalized and regulated marijuana statewide. More recently, Seattle’s right-wing pundits have excoriated him for declining to prosecute some low-level misdemeanors, including property damage during protests and so-called “survival” crimes, saying he’s part of the permissive culture that lets “prolific offenders” run roughshod over the city.

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But Holmes has frustrated some progressives, too, by seeking to end federal oversight of the police department,  continuing to promote court-based solutions to public health problems such as addiction and mental illness, and what some see as his failure to aggressively pursue supervised drug consumption sites, which a King County task force recommended five years ago.

Holmes defended his record on police accountability, saying that the city has made impressive progress toward compliance with the consent decree, even if the exact path toward freedom from federal oversight remains unclear. “The final word [on the consent decree] is, does Judge Robart agree that we have gotten there? I think the good news is that he has recognized that we’ve achieved an amazing amount.” But, he added, “We’ve got to get to the bottom of what happened this summer, and the new [court] monitor [Antonio Oftelie] has got a plan that will hopefully address it this year.”

PubliCola asked Holmes about his approach to people who commit misdemeanor crimes (the only kind the city prosecutes) that are rooted in poverty, addiction or mental illness. Last year, Holmes helped reboot the city’s community court, which provides alternatives to conviction or jail for people convicted of certain low-level crimes. Given that diversion alternatives already exist, though, why put people through the criminal legal system at all? Continue reading “City Attorney Pete Holmes Will Seek Fourth Term”

Federal Judge: Seattle’s Path to Compliance With Consent Decree Still Unclear

By Paul Kiefer

U.S. District Court Judge James Robart convened a hearing on Thursday afternoon to review the city of Seattle’s progress toward implementing police reform and address how Seattle’s path to compliance with the federal consent decree has changed in the wake of last summer’s racial justice protests.

During Thursday’s hearing, the first since the protests, Robart emphasized that the city is still out of compliance with the consent decree in the areas of discipline and accountability, and that Seattle’s path toward an end to federal oversight is still unclear. Robart added that the federal court is now reviewing another possible breach of the consent decree: specifically, whether SPD’s response to last year’s protests leaves the city out of step with the court’s standards for appropriate use of force.

The consent decree—the agreement between the city and the Department of Justice that empowers the federal court to oversee reforms to the Seattle Police Department—dates back to 2012, when the DOJ investigation found that SPD officers frequently used excessive force without consequences. To end federal oversight, the city first needs to achieve “compliance” with the terms of the consent decree and remain in compliance for two years; Robart uses input from the city, accountability experts, and a court-appointed monitoring team to decide what compliance entails.

The court-appointed monitoring team, led by Dr. Antonio Oftelie since last September, submitted a work plan Thursday morning to track the implementation of reforms to SPD and the efficacy of the city’s accountability structure in 2021. As SPD prepares to rework its use-of-force and crowd management policies, and while the OPA and OIG conduct follow-up investigations into protest-related police misconduct and systemic policy problems, the monitoring team will act as an auditor, said Monisha Harrell, the court’s deputy monitor. “Our ultimate goal is to not exist,” she told PubliCola. “If the system is working well, then we aren’t needed. So we look for cracks in the system.”

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The city has nominally met Robart’s standards before: In 2018, the judge ruled that Seattle was in “full and effective” compliance with the terms of the consent decree. But less than a year later, Mayor Jenny Durkan and the city council approved a contract with the Seattle Police Officers Guild (SPOG)—the largest police union in the city—that undercut an array of reforms to SPD  accountability. After outcry from accountability advocates, Robart decided that Seattle no longer met the court’s expectations for police accountability and discipline, leaving the city partially out of compliance with the consent decree.

In his ruling, Robart directed the City Attorney’s Office (CAO) to submit plans to restore the accountability reforms by July 2019. More than a year later, the city not submitted a plan. Nevertheless, in early May of 2020, City Attorney Pete Holmes filed a motion to cut back the court’s oversight of SPD, contending that SPD had “transformed itself” under the federal court’s oversight. But Robart never ruled on the city’s motion to end some portions of the consent decree, because the city withdrew the motion shortly after the killing of George Floyd by Minneapolis police officers on May 25 sparked citywide protests.

City Attorney Pete Holmes, who represented the city during Thursday’s hearing, told the court that the protests were a “stress test” for SPD’s accountability structure. However, Holmes pointed to a letter published by Interim SPD Chief Adrian Diaz on Wednesday—entitled “Surpassing Reform: SPD’s Commitment to Accountability and Transparency”—as evidence of the “spirited tenacity of SPD to provide safety and constitutional policing even in the midst of the pandemic.” Holmes also expressed his belief that the accountability agencies—the Office of Police Accountability (OPA), Office of the Inspector General (OIG), and the Community Police Commission (CPC)—are “living up to the test” presented by SPD’s protest response. Continue reading “Federal Judge: Seattle’s Path to Compliance With Consent Decree Still Unclear”

Basic Needs Defense Prompts Wild Claims, Top Staff Blindsided by Durkan Departure, Another Hiring Delay at Homelessness Authority

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.

2. Documents just posted on the website of the King County Regional Homelessness Authority indicate that the timeline for hiring a director for the agency has slipped again, from mid-January to mid-February of next year. Originally, the new homelessness agency—which is supposed to come up with a unified, regional approach to homelessness for the entire county, including Seattle and dozens of suburban cities—was supposed to approve the CEO in September. Continue reading “Basic Needs Defense Prompts Wild Claims, Top Staff Blindsided by Durkan Departure, Another Hiring Delay at Homelessness Authority”

Morning Fizz: Planning for Civil Unrest, Dismantling the Navigation Team, and Rethinking Prosecution

Image via King County Elections

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”

Another Day of Protests, Small Concessions from the City, and Calls for Systemic Change in Seattle

Community activist and former mayoral candidate Nikkita Oliver speaks at a rally in the Central District while two people film on their phones.

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.

A partial view of the crowd at Friday’s rally and march in the Central District. More photos available on Instagram @ericacbarnett.

 

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.

New Plan for Dealing With “Prolific Offenders” Substitutes Punishment for Harm Reduction, Advocates Say

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”

Meet Seattle’s Reformer-in-Chief, Lisa Daugaard

This story first ran in the print and online editions of Seattle Magazine.

Image credit: Hayley Young, Seattle Magazine

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 C Is for Crank General Election Endorsements

Mayor: Cary Moon

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

Image result for lorena gonzalez seattle

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.

Morning Crank: “If you haven’t learned, I’m sorry. That’s your fault.”

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.”

Yesterday, the group doubled down with this subtweet, claiming that “racist shock jock Jason Rantz” (of right-wing radio station KTTH) had endorsed Durkan:

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.

The C Is for Crank Interviews: City Attorney Candidate Scott Lindsay

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?

SL: Absolutely.

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.