1. Scott Lindsay, a former mayoral public safety advisor whose report on “prolific offenders” featured prominently in the viral “Seattle Is Dying” video, published a broadside against city council member Lisa Herbold yesterday on the website of a new political nonprofit called Change Washington. In the piece, Lindsay accuses Herbold of sneaking legislation into the 2021 budget that would “create a legal loophole that would open the floodgates to crime in Seattle, effectively nullifying the city’s ability to protect persons and property from most misdemeanor crimes” and “negat[ing] the majority of Seattle’s criminal code.”
Change Washington was incorporated at the end of 2019. Its principals are former state Sen. Rodney Tom, a conservative Democrat from Medina who caucused (and voted) with Republicans; Sally Poliak, a “centrist Republican” political consultant in Seattle; Steve Gordon, a Republican donor from Pacific, WA who runs the anti-tax group “Concerned Taxpayers of Washington State“; and former Zillow executive Greg Schwartz, who left the company last year vowing to focus his energy on “Seattle’s chaotic streets and government.”
In his post, Lindsay refers to himself as a “dyed-in-the-wool blue Democrat.”
Lindsay’s claims about legalizing crime come from an extremely broad reading of a draft bill crafted with input from Decriminalize Seattle and King County Equity Now and posted on the website of the King County Department of Public Defense. Lindsay appears unaware that these groups participated in the drafting of the bill, and even claims that they have never expressed any support for its basic concepts. And despite Lindsay’s claim that Herbold is using an elaborate “backdoor” strategy to “[keep] the proposed legislation almost entirely hidden from the public,” Herbold has not actually proposed any legislation. Council staffers are still working on a draft, one of many bills the council will propose as part of the budget process.
Nor would the bill Lindsay incorrectly identifies as Herbold’s actually legalize crime. Instead, the county public defenders’ draft proposes several new defenses against prosecution for crimes that result from poverty or an unmanaged mental health or addiction disorder. Among other (welcome) changes, the bill would prevent prosecutors from throwing a person with untreated mental illness in jail because he broke a store window during a psychotic episode, or pressing charges against a hungry person because he stole food. It would not create a get-out-of-jail-free card for anyone who commits a crime and then claims to have—as Lindsay glibly puts it—”depression, anxiety, etc.”
Herbold says it’s high time the city reconsider its approach to offenses that result from poverty and lack of access to health care and housing. “As we’ve seen in the massive national and international protests in the wake of the murder of George Floyd, it is past time that we reexamine our systems which often perpetuate homelessness and economic instability,” she says. “The City currently spends approximately $20 million a year on incarceration, which is known to significantly increase the risk of housing instability and homelessness.” The council will discuss the proposal at its budget meeting Wednesday.
Lindsay’s arguments will almost certainly find purchase in right-wing talk radio and on TV chat shows whose ratings depend on keeping audiences in a perpetual state of fear. There will always be a large contingent of people, even in liberal Seattle, who don’t believe that crimes that result from poverty or untreated mental illness really exist. To these people, Lindsay’s assertion that defendants would only have to “claim drug or alcohol addiction” or fake a mental illness to evade justice will make sense. It’s easier to believe in a world where shady defense attorneys argue, as Lindsay predicts they will, that “drugs are a ‘basic need” for someone with a substance use disorder” to than to consider the possibility that throwing people in jail for being addicted, mentally ill, or poor doesn’t actually work.
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2. After the city council passed legislation establishing a new “outreach and engagement team” to coordinate the city’s response to unauthorized encampments, you might think Mayor Jenny Durkan would be thrilled. After all, the team keeps most members of the Navigation Team on the city payroll, while leaving the question of what, exactly, the team will do.
Earlier this year, Scott Lindsay—a former adviser to Ed Murray who unsuccessfully challenged city attorney Pete Holmes in the 2017 election—published a report in collaboration with the Downtown Seattle Association and other downtown groups called “System Failure.” The report, which was featured prominently in the viral KOMO 4 special “Seattle Is Dying,” highlighted 100 so-called “prolific offenders,” including 87 who had been arrested in Seattle more than four times in a 12-month period and another 13 who Lindsay felt had “a particularly high impact on public safety,” as SCC Insight reported.
The report included one particularly startling statistic: More than 30 percent of the time, “prolific offenders” were released from King County jail onto the streets at midnight, when social services and shelter are unavailable. “For homeless individuals struggling with substance use disorders and mental health conditions, this practice can be hazardous to the individual and to the immediate surrounding neighborhood,” Lindsay reported. The statistic was reported by most major local outlets, including Crosscut, KING 5, and the Seattle Times, which said the practice “put[s] at risk those who are homeless and struggling with substance-abuse disorders and mental conditions.”
“It’s not up to me to correct publicly the inaccuracy of the information they’re making public.”—Consultant Tim Ceis, who worked on the “System Failure” report
The real number of people being released from King County jail onto the streets at midnight, according to the county’s Department of Adult and Juvenile Detention? Zero.
“We researched the past year and determined that no inmate was released out of custody from DAJD facilities at midnight,” says Captain Captain Lisaye Manning, a spokeswoman for the King County Department of Adult and Juvenile Detention. “The terminology of ‘released’ refers to being released from the King County Jail and transferred custody to a different agency, not released out of custody to the streets. There are some occasions that those outside agencies aren’t available until late evening or early morning hours.”
Manning said Lindsay and his fellow researchers should have used the county’s public booking database to determine when and why people were released from custody (and to whom). Instead, Lindsay apparently used used the county’s Jail Inmate Lookup System, a blunter instrument intended to help people look up information about specific inmates. That system does not specify the reason an inmate was released or whether he or she was released into the custody of another agency.
“The Executive’s Office conveyed to the report’s author, Scott Lindsay, that he did not use correct data in his evaluation,” Capt. Manning says.
Alex Fryer, a spokesman for King County Executive Dow Constantine, confirms that Constantine’s office told a consultant who helped Lindsay on the report, Tim Ceis, that the information in the report was wrong. DADJ provided The C Is for Crank with a link to what Fryer calls “the correct database, showing that we’re not putting people out on the streets of Seattle” at midnight. Fryer adds that Lindsay’s error was understandable, given that the jail list is the county’s public-facing database of inmate information. Ceis confirms that the county did inform him and Lindsay “that the information that we were seeing was inaccurate, for whatever reason,” but says he saw no reason to correct the record, since the errors, in his opinion, were the county’s.
“Their record-keeping and what they were putting out there in the jail records was not accurate,” Ceis says. “It’s not up to me to correct publicly the inaccuracy of the information they’re making public.”
Lindsay responded at 5:30 this evening to an email I sent three hours earlier. However, his response did not include answers to my questions about the apparent data discrepancy. I have sent him a more detailed list of questions and will update this post if I hear back.
Public Defender Association director Lisa Daugaard, who has said that the “System Failure” report should have been called “Systems Failure,” to emphasize that the justice system is not the only system failing chronically homeless people, says that if the county isn’t releasing people onto the streets at midnight, that’s a welcome change from something that “has been a problem in years past.”
Daugaard says that if the county isn’t, in fact, releasing prolific offenders into downtown Seattle at midnight, that just “underscores my feeling about the takeaways from the report —it’s less that the criminal justice system is failing, as that the criminal justice system, operating in the ways it inevitably does, is not the right system to address these problems, except at the margins and when other systems”—such as health care and housing—”have gaps.” Why, Daugaard asks rhetorically, “is this group [of “prolific offenders”] not prioritized in the large investments that have been made in each of those systems in recent years?”
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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.
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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.
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Scott Lindsay, Mayor Ed Murray’s onetime public safety advisor and a former senior counsel to US Rep. Elijah Cummings in Washington, D.C., was best known, until recently, as the guy the mayor sent to neighborhood and city council meetings to defend his encampment removal policies. Since he announced he would challenge incumbent city attorney Pete Holmes in April, however, Lindsay has won some surprising endorsements from erstwhile 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, on the grounds that it created a CPC that was too large and sprawling to pass muster with the federal judge overseeing the consent decree between Seattle and the federal Department of Justice. Daugaard told me in April that she also felt Holmes had not done enough to advocate for defendants who “serve long sentences on cases with excessive probation, are held in lieu of bail because they are poor, and are made to give up their trial rights to get services.”
I sat down with Lindsay at Zeitgeist Coffee in Pioneer Square last month.
The C Is for Crank [ECB]: As a political unknown running for a fairly obscure office in a mayoral-election year, you’re going to have to make a compelling case against the incumbent. So, lay out the argument against Pete.
Scott Lindsay (SL): The best thing going for Pete Holmes is that he’s kept such a low profile for that office. But when you actually dig under the surface, there’s deep dysfunction in our criminal justice system. The King County Jail is filled with misdemeanor defendants whose underlying issue is homelessness and addiction. Words that have never come out of Pete Holmes’ mouth are in any way talking about heroin or the effects of substance use disorders on the defendant population in the criminal justice system, or actual ways that he could provide leadership to fundamentally start to change the way that we engage with that population. How do we actually change outcomes instead of just going through these cycles of arrest and release? Because the outcomes that we’re getting now have been terrible for defendants stuck in the cycle, and terrible for neighborhoods, and terrible for those who are actually stuck with the consequences of the failures of our criminal justice system.
“Words that have never come out of Pete Holmes’ mouth are in any way talking about heroin or the effects of substance use disorders on the defendant population.”
Let me give you a couple specific examples. So while these were imperfect, at least we used to have specialty courts—mental health court, drug court, which is at Superior Court, and community court. Now, those started with imperfect designs, but rather than provide any leadership about how to really fix them, those courts, in effect, have died on the vine. Referrals into mental health court are way down, and it’s vastly underutilized and may shut down because of underutilization, and community court has been shut down, and Pete Holmes has done nothing to replace it. So now everybody’s just going mainstream. Where are the innovations? Where’s the vision? Where’s the leadership?
Pete has had eight years to lead on a lot of these things, and he’s no longer a leader on many criminal justice issues. He does not have a vision, and after eight years has not articulated a vision, for how we can use our criminal justice system to help address the real public safety issues and social issues and public health issues that we have in the city. We invest a lot of money in our criminal justice system and in the city attorney’s office, and they have more [contact with] people struggling with homelessness and substance use disorders, practically, than our human services department. Our criminal justice system is in effect, by default, one of the largest social service organizations that we have. We just don’t think of it in that way, and it’s not actually producing outcomes that anybody can be proud of.
“The Navigation Team was my idea, and I worked to get that created over the course of a year against a lot of institutional reluctance to do things in very different ways.”
ECB: Until you declared your candidacy with a platform focused on police oversight and accountability, I think it’s fair to say that you were viewed as one of the more conservative members of the mayor’s staff, especially by neighborhood activists who wanted the mayor to do more to clean up homeless camps.
SL: I think I have a reputation as a guy who actually listens, tries to figure out what’s going on, and then tries to come up with innovations and creative resolutions. But I am willing to take on the tough and controversial issues. I’ve been the leader within the [mayor’s] office on supervised consumption—not exactly a law and order topic. I was the leader on the heroin epidemic and asking how we can get more prevention, more user health care, more treatment options. I was the leader on, how do we get much better services to our homeless population and shift from a two-decade-old sweeps policy to a more compassionate approach?
But I also believe, absolutely, that we have some very real public safety challenges in this city, and it doesn’t help anyone to not talk about that in open ways. Up in the north end, we have a lot of public safety complaints about what’s going on in Mineral Springs Park—needles and drug dealing and tents and other issues—so it’s obviously a real struggle for the neighborhood. At the same time, we had a lot of real people suffering and living in conditions that were tragic for them. We have to have a discussion about how we resolve both of those things and tie them together, rather than talk about homelessness in ways that don’ t actually connect to a lot of what’s happening on the ground.
“It’s the responsibility of the city to step in and intervene and separate out the really bad actors who prey on the weak and vulnerable from people who are struggling with public health diseases.”
ECB: The city has organized a “Navigation Team” made up of cops, outreach workers, and service providers to offer services to people living in encampments before they remove them. The numbers the city released recently show that about 160 people entered an “alternative living arrangement,” which is a big jump from where we were before but a drop in the bucket relative to the total number who need help. What’s your assessment of those results?
SL: The Navigation Team was my idea, and I worked to get that created over the course of a year against a lot of institutional reluctance to do things in very different ways. The idea of taking police officers and having them have a really social service focus, I think, is radical. It took a lot of work to convince all the powers that be that that was the right way to go, and I will absolutely say that 160 people sleeping indoors is an incredible number in 11 weeks, as compared to the success that we historically have gotten out of plain outreach efforts. I would be very surprised if we got 150 people indoors in all of 2016, coming in from hardened, really unsafe situations.
ECB: But not all are indoors—in fact, about half of them were simply moved to other encampments.
SL: Of course, and absolutely, authorized encampments are only a temporary solution, but we have to find some better options. And if you look a little bit deeper at what’s going on at some of the unauthorized encampments, where they’re at a critical mass, you have real predatory behavior and people who are taking advantage of the homeless people, who are the most vulnerable in our city, and exploiting them in terrible ways. That’s exploiting teenage girls, it’s exploiting people with mental illnesses, it’s exploiting people with substance use disorders, and as a result, terrible things happen to those people. It’s the responsibility of the city to step in and intervene and separate out the really bad actors who prey on the weak and vulnerable from people who are struggling with public health diseases, and that’s very often mental illness and most often substance use disorders. As a city, we are absolutely getting crushed by the heroin epidemic, and it is tragic and terrible, and a lot of the folks who are falling into that trap are really young people. If you go and you talk to Youthcare [an organization that works to get homeless kids off the streets], six years ago, they say one in five of the people who came into Orion Center [a youth shelter and drop-in center] were IV drug users. Today, it’s four in five. That’s almost an entire generation that either will be lost, or we have to find ways to help them out of that and break that cycle.
“If you ask SPD about, say, property crime in the north end, they will say that it would be difficult to find one person among 300 [for whom] the underlying cause of their criminal behavior was not a heroin addiction. They would say easily 99 percent if not 100 percent.”
ECB: When the city decided to locate the new low-barrier Navigation Center shelter in the Chinatown International District, they got a lot of pushback from the community, who said they hadn’t been consulted on the decision, and ultimately, the opening was postponed. What did you think of how your boss at the time, Mayor Murray, handled the outreach for the Navigation Center?
SL: It very obviously did not go well. I wasn’t involved intimately in the siting decisions, but that did not go well. I think when you dig into that, I’ve spent more time working on issues within Chinatown and the International District than any other neighborhood in the city, and they have very real issues with street safety and low level crimes associated with people who are struggling with substance use disorders, and we have not, as a city, figured out how to provide them with support. Ultimately, the Navigation Center will be part of that, but we also have to be very clear and articulate what we’re doing to provide relief to that community, which is under a lot of strain. There are a lot of mom and pop business with very slim margins that are open early in the morning and late at night. and they feel under real duress from what’s happening in their neighborhood, and they’re very unhappy about it.
ECB: Do you think the Law Enforcement-Assisted Diversion program, which provides pre-booking diversion for low-level offenders in part of the center city, should be expanded citywide?
SL: LEAD is exactly the type of innovative program that is addressing people who are struggling with substance use disorder, and most often most of their clients are struggling with homelessness, and the idea is break them out of the criminal justice system, which is completely failing to address the root causes of their behavior, and try and have interventions that can actually break them out of the cycle. Let’s take that in contrast to the rest of our criminal justice system right now. The King County jail, today, is filled with misdemeanant defendants who who are struggling with substance use disorder, many of whom have mental illness, and most of whom are also homeless. We are doing nothing at the misdemeanor level to effectively intervene to break them out of the cycle. We know that incarceration alone as a strategy to change their behavior does not work. We know that not incarcerating them, not taking any action, does not change behavior. So we need to radically rethink what we’re doing to come up with new solutions to intervene, and LEAD is one fantastic example of that strategy, which is, get them at the front end. Get them out of the criminal justice system and intervene with significant behavioral health interventions.
ECB: As I recall, you’ve said before that we need to prosecute drug offenders more, and argued that we’ve effectively legalized heroin in Seattle. Can you speak to that?
SL: Just as a fact right now, the city makes very few drug arrests and our filing standards related to drug arrests are fairly low, so almost no one in the city is being prosecuted for simple possession of heroin or crack or anything else. And I’m okay with that. But if we are going to make that policy decision, then we also have to figure out what are the ways we address actually changing their behavior. When you look at crime maps of Seattle, there is an absolute correlation between where we have major hubs of drug activity—open-air drug markets—and where we have the most criminal activity, from car prowl to burglary to assaults to shootings. So we can say we’re not going to arrest somebody for possession of heroin, and I think that’s right, but at the same time we’re arresting them for property crimes where the underlying root cause of why they’re engaging in property crimes is because they have a heroin addiction. So we’re still interfacing with the same crowd through our criminal justice system, we’re just doing it through different mechanisms. And what hasn’t’ changed, and what’s very frustrating to me, is that our criminal justice systems at the misdemeanor level, but also at the felony level, have not really reoriented or adjusted to focus on public health solutions to these public safety challenges. That is, you have to address the substance use if you’re going to break the cycle of the behavior, and if you’re going to address the substance use, you have to address the homelessness.
Literally right now, just based on King County jail data for repeat offenders in the municipal system, we know that 60-plus percent of them are struggling with substance use disorders. And I swear that that is a significant underreporting, because there are a whole bunch of incentives not to admit to your substance use issues during intake into King County Jail. If you ask SPD about, say, property crime in the north end, they will say that it would be difficult to find one person among 300 [for whom] the underlying cause of their criminal behavior was not a heroin addiction. They would say easily 99 percent if not 100 percent.
ECB: So what’s your policy solution for those problems?
SL: The radical rethink here is to, in effect, focus intense resources through both diversion and/or using the criminal justice system to get people who are struggling with substance use disorders and homelessness the actual help and solutions they need. So how do we do that? One, citywide expansion of LEAD. Two is, we actually need to get defendants who are in the King County Jail the drug treatment that they need, and then when they’re exiting that system, they need to exit into something that is not just reentry back into the system. Right now, our system takes them in, holds them in for a few days, spits them out, waits for them not to show up back in court, and then issues a bench warrant for them. And that goes on and on and on until they have lots of outstanding bench warrants and are never getting the treatment that they need. We need buprenorphine induction available on demand to anybody who wants it in the King County Jail. And then next, we need to make sure that they’re not exiting straight back in to homelessness. And then a third part of the reform piece is simply bail reform. Our system right now is still a money-based bail system. That doesn’t make sense when most of our misdemeanor defendants—non-DUI, non-domestic violence misdemeanor —are impoverished and/or homeless and don’t have the resources to be able to work t through our bail system.
I’ve got a lot of respect for Pete Holmes’ history as an advocate for police reform going back to his days on the police review board in the mid-2000s. He was an early leader. And I also have a lot of respect for the approach he took in insisting on the consent decree as the model for achieving police reform here in Seattle. But Holmes disappeared for a long time from the kind of heart of the discussion, [including] police reform, the consent decree, and the larger civilian oversight and [Community Police Commission] discussion. And when he was absent from those, that’s when I was right in the middle of it as special assistant for police reform to the mayor, working sometimes until 1 in the morning with CPC leaders, with Lisa Daugaard, with the ACLU, with Harriett, with many others. We hammered out some really significant civil oversight legislative proposals and a detailed plan, and at that point, Holmes came back in and he decided that he wanted to redo that process, and they started over, and here we are a year and a half later and we’re basically at the same point where we were when I departed. And I departed from this issue because after negotiating in good faith for a year and a half with the CPC, I felt that the rug was being pulled out from beneath us. From my perspective, speaking separately from the mayor’s office, I thought it was particularly unfair for him to have been absent from much of the hard work of those discussions and then come back in and say, ‘Let’s start over and I am going to run a new process and that process is going to look like this.’ I thought that rhere were ways to get to the result that we’re at today faster, and frankly, I think if you go and ask the CPC members—Lisa and Harriett are only two, but I think there are plenty of others—there’s a lot of frustration with the way that Holmes has actually handled police reform over the last two years.
1. Money remains a significant factor in which candidates become frontrunners in Seattle’s mayoral, council, and city attorney races, despite the fact that both council and city attorney candidates can now benefit from public funding through democracy vouchers—those $25 certificates that showed up in your mailbox earlier this year.
Most of the frontrunners in the mayoral race—with the exception of educator and attorney Nikkita Oliver, whose disclosure form did not list her net worth (but whose job at the nonprofit Creative Justice is not exactly a six-figure gig) and state Sen. Bob Hasegawa—have a net worth between the high hundreds of thousands and several million dollars. And before you say, “Well, of course they’re worth a lot—they’re all homeowners!”, keep in mind that net worth only includes the portion of a candidate’s house that’s paid off; the rest shows up on the ledger as debt. All net worth numbers are estimates provided by the candidates; all documents were obtained through a records request. (Oliver is a renter.)
Former US attorney Durkan2, a partner in the white-shoe law firm Quinn Emanual Urquhart & Sullivan, who holds large accounts at both Wells Fargo and Chase, two banks that have been targeted recently by anti-Dakota Access Pipeline activists: $5.75 million.
People’s Waterfront Coalition Founder Cary Moon, whose family owned a manufacturing plant in Michigan: $4.1 million.
Former state legislator Jessyn Farrell, who owns a house in Wallingford and whose husband runs a real estate investment company: $2.8 million.
Ex-Mayor Mike McGinn, who owns a house in Greenwood: $800,000.
I also requested the financial disclosure statements for both candidates for city attorney. Incumbent Pete Holmes is worth $1.5 million, and challenger Scott Lindsay, who’s married to Microsoft attorney and Port Commissioner Courtney Gregoire, has a net worth of $875,000.
Finally, here’s a rundown of the frontrunning candidates for Position 8, several of whom haven’t yet reported their net worth. Compared to the mayoral candidates, the leading council contenders (with one exception) have relatively modest wealth, suggesting that city council remains a more accessible position than mayor, at least from a personal financial perspective.
Sara Nelson, CEO of Fremont Brewing Company: $2 million.
Former Tenants Union director Jon Grant: $150,000.
Washington State Labor Council lobbyist Teresa Mosqueda, who will be the only renter on the city council if she wins: $134,328.
I’ll update this post with additional information about the mayoral candidates when I receive it.
2. Last night, the King County Young Democrats gave Jessyn Farrell their sole endorsement in the mayor’s race, in a competition that, unlike other Democratic organizational endorsements, allowed candidates from other political parties—like Oliver, who’s representing the new People’s Party—to seek endorsement. Betsy Walker, past chair of the Young Democrats, received the group’s sole endorsement to replace Farrell as 46th District state representative; Farrell resigned her seat last week.
3. In exchange for an agreement from the city council not to tax diet sodas, the American Beverage Association—which spent millions of dollars on an initiative to roll back a statewide soda tax in 2010—has reportedly agreed not to finance a campaign against the proposed soda tax. Mayor Ed Murray proposed taxing all sodas, including artificially-sweetened ones, on the grounds that diet sodas are disproportionately consumed by white, wealthier people (the inverse is true of sugar-sweetened drinks). Last week, lefty council members Lisa Herbold, Kshama Sawant, and Mike O’Brien backed a version of the mayor’s more equitable soda tax proposal, supporting an amendment, sponsored by Herbold, that would have lowered the tax from 1.75 cents an ounce to 1 cent and levied the tax on both sugar- and artificially-sweetened sodas. The full council will vote on the soda tax this afternoon.
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1. For a few weeks, a rumor has been going around that Scott Lindsay, Mayor Ed Murray’s public safety advisor and the most vocal defender of encampment sweeps in the mayor’s office, was thinking of running for city attorney against longtime incumbent Pete Holmes. Yesterday, Lindsay put those rumors to rest, announcing that not only is he running, he’s leaving the mayor’s office in one week, presumably to campaign full-time. Perhaps most interesting, Lindsay’s announcement included two unlikely endorsements, from Mothers for Police Accountability founder Rev. Harriet Walden and Public Defender Association director Lisa Daugaard. Walden is a longtime police accountability advocate and Daugaard has been highly critical of Murray’s homeless encampment sweeps; both serve on the Community Police Commission, the civilian body that oversees police reform efforts at the city.
Daugaard’s decision to support Lindsay is surprising not only because she supported Holmes in the past (over two campaign cycles, Daugaard contributed $246 to Holmes’ campaigns), but because Lindsay is widely seen as a law-and-order guy and a strong defender of Murray’s encampment removal policies. (Shortly after Lindsay announced, Safe Seattle—a group opposed to homeless encampments, safe drug-consumption sites, and Murray’s pro-density policies—sung his praises on their Facebook page.
I asked Daugaard why she was supporting Lindsay. Her response: “We need to do more with the office of City Attorney. We’re entering an era when we had better be doing things worth defending here in Seattle. If we’re saying safe consumption [sites for drug users], let’s do it. If we’re saying we can care for people and reduce crime through community based alternatives, let’s actually do it.
“Scott’s analysis that we can take a more serious approach to all of these issues is correct. I haven’t always agreed with him and that may continue, but I respect his energy and openness to evidence about it what works.”
Daugaard says she’s concerned that after eight years with Holmes as city attorney, misdemeanor defendants “still serve long sentences on cases with excessive probation, are held in lieu of bail because they are poor, and are made to give up their trial rights to get services in too many cases. Jail utilization has climbed.”
“I give Pete great credit for hiring Kelly Harris as his criminal division chief last year. Kelly has made important improvements. But we need to get serious about making more effective city wide use of community based diversion. This has to work—we don’t have an infinite time frame to get it right and take it to scale. Scott is very serious about showing that we can achieve strong neighborhood-level outcomes through a public health-based approach. We need that kind of energy or people are going to get fed up.”
Murray’s campaign confirms that he will continue to support Holmes, whom he endorsed before Lindsay got in the race. The timing of Lindsay’s announcement puts Murray, who is running for reelection himself amid allegations that he sexually abused teenage boys in the 1980s, in a tough position—having a top staffer abandon ship during a tough reelection campaign does not exactly inspire confidence.
There may be another reason Lindsay decided to leave Murray in the lurch: Because polling suggested he could win. So far, Lindsay has reported one expenditure: A $20,000 phone poll, conducted between April 21 and April 23.
2. Four years after denouncing a soda tax proposal by his then- (and future) opponent, Mike McGinn (and getting trounced by his opponents as a shill for the beverage industry) on soda and sugar-sweetened beverages, Mayor Murray rolled out the details of his own soda tax proposal Thursday. The proposal would impose a 1.75-cent-per-ounce on all sodas, including diet sodas, to be paid by soda distributors, who would almost certainly pass the cost on to customers. (This, I should note, hits Crank where she lives. Don’t mess with my garbage water, Mr. Mayor, SIR.)
The money—an estimated $18 million a year, depreciated from the $23 million the city budget office estimates it would taken in on current soda sales to account for the fact that soda taxes reduce consumption—would pay for programs that support education and access to healthy food in low-income communities, including: $469,000 a year to expand school-based mentorships; $1.1 million a year for workplace learning programs for kids in high school; $1.1 million a year for case management and training to reduce racial disparities in discipline; and a one-time investment of $5 million to create an endowment that, Murray said Thursday, will provide “one free year of college at Seattle colleges [formerly known as community colleges] to all public schools students who graduate.”
Acknowledging that a soda tax is regressive—not only does it hit lower-income people hardest, lower-income people buy more soda—Murray said, “To those who say that we are resorting to a regressive tax, I say, you know what is more regressive? You know what is really taking money out of African American communities? Tolerating an education system that is failing students of color every day and leaving them without a future and giving them food that will only lead to health problems.” Excessive soda consumption has been linked to obesity, diabetes, and heart and liver problems, Murray noted. Murray said he decided to include diet soda in the tax for equity reasons—higher-income white people are more likely to drink diet soda than sugar-sweetened drinks—but the expansion to diet drinks also allowed him to lower the tax slightly from the 2-cents-per-ounce tax he originally proposed in his State of the City speech in February.
The soda tax requires council approval; two council members, Rob Johnson and Tim Burgess, flanked Murray at yesterday’s press conference.
Immediately after Murray’s press conference, a group of Teamsters and other soda-tax opponents gathered in the lobby of City Hall to denounce the proposal. Pete Lamb, a representative from Teamsters Local 174, said similar taxes had already forced companies like Coca-Cola and Pepsi to cut jobs in Philadelphia, where a 1.5-cent-per-ounce tax on soda went into effect this year. (The mayor of Philadelphia pointed out that the two companies saw gross profits of more than $6 billion last year, and called the company- and union-led efforts to blame the tax for layoffs a “new low.”) “We will not support a tax that puts our members’ jobs on the line,” Lamb said.
“Just in the soda and beverage industry alone, we have 1,200 to 1,300 workers, plus distributors and warehouse workers—when you really look at the full scope of it, you’re looking at thousands of jobs being potentially impacted,” Lamb said. “We support … working to combat obesity, but to just target soda when we have so many things in our food chain that are sugary—we can’t support that.”
Interesting foot note: The spokesman for the soda tax campaign, the Seattle Healthy Kids Coalition, is Aaron Pickus—the longtime spokesman for former Mayor McGinn, who proposed the original soda tax four years ago.
3. This morning, the city will once again remove a persistent unauthorized encampment above the Ballard Locks and provide its residents with information about open shelter beds and services in the hopes that some will accept their offers. The Locks encampment has been swept numerous times thanks in large part to repeated complaints by Ballard residents about garbage and erosion at the site.
George Scarola, Murray’s homelessness director, acknowledged Thursday that “of course [the decision to clear a particular encampment] is in part based on complaints. He says the Locks encampment is a “longstanding issue—as long as I’ve been here, I’ve heard people complain about it.” But, he says, the city is getting better about offering real services and shelter, rather than simply directing people to line up at bare-bones shelters downtown. “Are we simply moving people from one place to another? We are doing some of that,” Scarola acknowledges. But, he says, “We are getting 40 percent who are accepting services.” And “moving people around is somewhat useful, because we can remove some of the garbage,” which is a major source of neighborhood complaints.
The sweep begins at 8:30 this morning.
4. A new website that includes a petition to “recruit” 2016 Republican. gubernatorial candidate Bill Bryant for mayor appears to be the handiwork of Matthew Donnellan, Bryant’s campaign manager in his unsuccessful effort to unseat Democratic Gov. Jay Inslee last year. Although the owner of the site paid to register it through a service that hides site owner identity, Ben Krokower of the consulting firm Strategies 360 noticed Donnellan’s name in the source code and pointed it out on Twitter. Bill Bryant received 32 percent of the vote in King County in his race for governor.
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