New panhandling laws aren't needed in Seattle

Councilmember Tim Burgess has put together a good public-safety package. But the one idea attracting the most attention won't help.

Seattle City Council member Tim Burgess.

Seattle City Council member Tim Burgess.

Seattle City Councilmember Tim Burgess has a plan to reduce crime and disorder on city streets. There is a lot to like in the plan, including a return to basics for neighborhood policing, increased police staffing and outreach to people who need help.

The panhandling restrictions, however, have created controversy and have the potential to overshadow these other good ideas. This is a common problem and one that I experienced firsthand when I worked on these issues for a former mayor.

First, some history: in 1997, King County Executive Ron Sims convened the Chronic Public Inebriate Systems Solutions Committee. The committee was made up of social service providers, non-profit housing providers, law enforcement, government officials, and advocates. Their charge was to integrate existing services and recommend changes to the system.

Seattle legend Dutch Shisler was also on the committee. Dutch was a former street alcoholic. He sobered up and started helping others by picking them up in his van and getting them help. The Emergency Service Patrol van operated by the county was created because of his work. Dutch died about 10 years ago and the sobering center opened under his leadership bears his name.

Sims' committee came up with a comprehensive strategy to reduce the public health and safety problems created by chronic drug and alcohol use on the streets. A lot was accomplished including the following:

  • A joint city/county housing plan for special populations;
  • The 60-bed Dutch Shisler Sobering Center;
  • The Crisis Triage Unit at Harborview;
  • Integration of mental health and chemical dependency services;
  • Downtown Emergency Service Center pre-recovery housing at 1811 Eastlake;
  • Support for the creation of the Mental Health Crisis Intervention Team in the Seattle Police Department;
  • ESP patroling and sobering services;
  • Creation of the Alcohol Impact Area.

The last item, the creation of the Alcohol Impact Area (AIA), certainly got the most media attention early on. The AIA was a strategy to reduce the supply of cheap, high octane alcohol in areas that were inundated with chronic street alcoholics. Some thought it ironic that, while we were attempting to restrict these products, we also supported the DESC pre-recovery housing where late stage street alcoholics were allowed to drink in their apartments. In fact, the strategy was complementary and part of what is known as "harm reduction."

Harm reduction is the idea that you while you can't ever fully eliminate core societal problems like drug and alcohol abuse, you can develop strategies to reduce the damage to individuals and society as a whole. The 1811 Eastlake housing does not require late stage street alcoholics to be sober to get housing, but by providing a stable, safe environment with supportive services, the operators have found many have reduced their alcohol intake. But the other benefit is that these individuals are off the street and not creating problems for residents, business owners, and visitors to a neighborhood. And, importantly, they are not the victims of crime.

There was controversy associated with the DESC housing, with some people who believed it was wrong to let individuals getting public housing to continue drinking, and others who believed it would attract more crime and disorder. In contrast, the alcohol impact area was criticized by those who believed it was an attack on the poor and an effort to gentrify.

But here is my warning for Burgess: The AIA process came to be known as the only thing the city was doing to address the problem. They said it was just pushing the problem around, and not solving the root causes of homelessness and substance abuse. And it was portrayed as a downtown business community effort with elitist roots.

Sound familiar?

In the same way Burgess's panhandling provision overshadows politically the other good pieces of his strategy, so too did the alcohol impact area overshadow the other strategies and programs to deal with this very real and destructive problem on our streets.

My own concern with the panhandling provision is that it will be difficult to enforce and police officers will feel that they are put in a political no-win situation. (The AIA provisions, in contrast, were something enforced by the Washington State Liquor Control Board.) Advocates for the homeless will demand to know why police are issuing tickets to homeless people and not applying the law to Greenpeace activists or Save the Children canvassers. As a side note, I feel much worse telling the Save the Children canvassers that I don't have five-minutes to save the life of a child than I do dealing with someone who is panhandling.

I'm reminded of another situation where the police were put in a political no-win situation. The organization Food Not Bombs was handing out food in Pioneer Square’s Occidental Park and residents demanded that we tell the group to stop. It was creating litter, health, and a host of other problems in the park.

I convened a group of service providers and people who wanted to provide meals to homeless people. The service providers explained that the outdoor meals programs were doing more harm than good and that there were numerous places in downtown and Pioneer Square where people could sit down and get at least three meals a day.

Church groups from Kitsap County and other places did not want to hear this — nor did Food Not Bombs. In fact, Food Not Bombs refused to get permits because they wanted SPD to make arrests. SPD did not want to be on the front page arresting people for providing meals.

So SPD was left telling neighborhood people that yes, what the groups are doing is technically illegal, but no, we’re not going to do anything about it. The panhandling provision has the potential to put SPD in a similarly difficult position.

There is another issue here that needs to be discussed. Over time we have created so many new laws and provisions that some homeless people get caught up in the law without even knowing what they did wrong. Ask Elaine Simons, executive director for Peace for the Streets by Kids from the Streets on Capitol Hill. I worked with Simons some years ago in the Schell Administration when there were growing problems and antagonism among homeless youth, neighbors, and the business community.

We found that many of these kids — the vast majority of whom were aging out of foster care, kicked out of their homes by abusive parents because of their sexual orientation, or had mental health and substance abuse issues — were getting in trouble because they didn't understand the so called “sit/lie” ordinance or the parks exclusion ordinance, or any number of other laws and regulations. Elaine and SPD Officer Kim Bogucki teamed up to create “the Donut Dialogues” with goals of educating these kids about the law and creating a dialogue between kids and cops. It helped both sides understand each other and helped the kids stay out of trouble.

Burgess has shown that he is willing to talk about his ideas and alter the package to achieve what we all want: safe and welcoming streets for everyone. We have an aggressive panhandling ordinance already on the books along with many other laws — some enforced, some not.


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Comments:

Posted Fri, Mar 12, 7:58 a.m. Inappropriate


Good discussion of real world trade-offs Mr. Royer, and bravo to Burgess for his efforts likely to yield few political dividends.

How'd our city go from picking leaders based on their understanding of community social issues with their complex roots and politics to electric bike activists obsessed with transportation planning issues? Sorry, I'm still trying to understand the new elites who prefer their elected officials with no government experience, no hands-on experience with social problems at all, who like to tell others how to live. We need to do a lot better next time....

Posted Fri, Mar 12, 9:48 a.m. Inappropriate

There are two cardinal principles underlying the successful exercise of contemporary American governance:

1) The way to fix a public problem is to pass a law prohibiting its outward manifestations. People are not concerned about a problem so much as having to look at it.

2) Citizens don't actually dislike public services, they just want someone else to pay for them.

Any pedigreed political neophyte looking to run for public office (or to run again, as the case may be) should undertake to master these principles.

woofer

Posted Fri, Mar 12, 3:28 p.m. Inappropriate

I've generally been supportive of Burgess's public safety plan, including the panhandling ordinance, but you do raise some good points. Good laws should be clear, sensible, and have widespread public backing.

But we also have a situation where the current law, as referred by critics who say that "we already have laws on the books", is too vague. If aggressive panhandling is defined by an intent to intimidate, as is the case now, then how do we measure the intent? Ultimately the intent is to get money, not to intimidate.

Posted Fri, Mar 12, 3:53 p.m. Inappropriate

Great, thoughtful article.

I don't understand the benefits of the panhandling ordinances for many of the reasons given in the article. I'll add that panhandling seems completely tangential to the public safety issues in these neighborhoods. The main problems are drug dealing, violence, and mayhem caused by pushing thousands of drunken party people out of the clubs at simultaneously at 2am.

Without doubt, there are instances where panhandlers intimidate and threaten, and these interactions can certainly be traumatic to the victims. However, these instances are not that frequent, and their impact to public perception is negligible compared to, for example, the tunnel beating or the shady figures dealing drugs on every other street corner.

As I've commented before, I think neighborhood policing plan is highlight of Burgess's plan. That will have impact. The new ordinances - likely not.

P.S. Burgess seems like a sensible fellow and promising politician. I hope he doesn't squander it all by following Sidran's ill-fated footsteps.

Sean

Posted Fri, Mar 12, 4:03 p.m. Inappropriate

-DocMaynard: "the new elites who prefer their elected officials with no government experience"

If you are referring to our new mayor, I'll remind you that we elites were given two options in the most recent election, neither of whom had any experience governing. It's hard to vote for a smart, sensible, and seasoned leader when no such candidate appears on the ballot.

Please share with us the mystery candidate championed by all the dim, unaccomplished nobodies in the city.

Sean

Posted Fri, Mar 12, 8:20 p.m. Inappropriate

This is an excellent article - well done Sir.

now... please run for mayor.
--
j

noah

Posted Fri, Mar 12, 10:59 p.m. Inappropriate

"Burgess seems like a sensible fellow and promising politician."

Well, maybe.

The really dim bulb there is Seattle City Councilmember Tom Rasmussen.

Anyone disagree?

He chairs the city council't Transportation Committee. He's never said anything smart about how "transportation" in the city should progress. Someone said he's mush-for-brains. I've never spoken with him, so I'm not sure about that.

crossrip

Posted Sat, Mar 13, 12:07 p.m. Inappropriate

Crosscut has a short memory. Tacoma passed an identical law in 2007 and it has been effective at removing the worst offenders. Prior to that it was worse than Seattle. Here's the article -> http://crosscut.com/2007/12/04/law-justice/9598/ and the headline -> "It's not clear, but the begging has stopped in the City of Destiny. Could it work in Seattle?"

Does Mr Royer live downtown? If not, how can he comment on the daily harassment and intimidation by aggressive panhandlers? That is the key 'quality of life' issue in the Burgess plan that most downtown residents are asking for.

The analogies in this article are also specious. The Food Not Bombs PR stunt is in no way comparable to aggressive panhandlers who aren't looking to get arrested just to get PR for their "cause".

The Burgess plan has a good balance of both laws, additional beat cops and social safety net components. If we keep adding to the safety net but do nothing about enforcement of uncivil behavior, then downtown Seattle will continue to be unpleasant for residents and tourists alike. The reality is that the worst panhandlers are just lowlife criminals that don't need or deserve social services. I'm all for helping people that need it, but having lived downtown for a while I can see that there are some who just play the system and intimidate/scam/steal whatever they can.

xdm

Posted Sat, Mar 13, 12:11 p.m. Inappropriate

Aggressive panhandling laws make sense to me, but to outlaw any panhandling must surely be a violation of the 1st Amendment. I don't see any way around that. We're not supposed to outlaw peaceful speech simply because it might make someone uncomfortable.

Maple

Posted Sat, Mar 13, 9:35 p.m. Inappropriate

The Tacoma law has passed legal scrutiny, as published here two years ago.

http://crosscut.com/2007/12/04/law-justice/9598/

xdm

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