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There. I said it. By any reasonable reading of the municipal code, Lyft, Sidecar, and uberX drivers are operating illegally in the City of Seattle. They are are unlawful. They are illegal. They are against the law. And this basic statement of fact is absolutely crucial to understanding that, rather than crushing innovation in the service of protecting the status quo, what the city council is really in the process of doing is legalizing an industry that has thus far operated in brazen violation of the law.

Whooh. I can’t tell you what a relief it is to get that off my chest.*

There is likely no issue on which I more broadly pissed off Stranger readers, than my coverage of the proposed taxi and “ride-share” regulations. Capitol Hill hipsters apparently love booking rides on their smartphones almost as much as they love to hate on traditional taxis, and so the coverage they wanted and expected was one that would unflinchingly embrace this disruptive new technology, while telling the decrepit old regulated taxi industry to go fuck itself. And I totally agree, based on my own anecdotal experience, that these new “transportation network companies” or “TNCs” (as they are referred to in the proposed ordinance) generally provide a far superior user experience than Yellow Cab and its cohorts.

But having plunged into this issue with no predispositions, and having ultimately wrapped my mind around an exceedingly complex policy debate, that is not the coverage I could provide. More nuanced critics accused me of being “anti-urbanist;” the less nuanced attempted to dismiss me as being in the pocket of the taxi industry (as if there’s any money in that). But the truth is that the taxi industry provides essential transportation services to a customer base that the TNCs cannot or will not serve. And the truth is—and this at the heart of the issue the council is addressing—the TNCs are operating illegally.

“No matter how sexy these services are,” council member Bruce Harrell proclaimed before voting to cap the number of TNC drivers, “they are unlawful in the City of Seattle.” And Harrell, an attorney, did not choose his words carelessly. It is a criminal offense in the City of Seattle to pick up paying passengers without a for-hire license, punishable by up to 90 days in jail and a $1,000 fine. The Seattle City Attorney’s Office determined last year that TNCs “are subject to for-hire vehicle licensing and regulation requirements.” While the city has yet to enforce these regulations on TNC drivers, it might not take more than a handful of prosecutions to chill the industry.

So whatever limitations the council might impose on the TNCs in the ordinance it is expected to pass next week, above all what the council is doing is legalizing an industry that has heretofore operated without licensing, without inspection, without training, without guarantees of adequate insurance, and in blatant violation of the rule of law. So it’s not like the TNCs aren’t getting anything in return.

The TNCs angrily denounce proposed caps, accusing the council of limiting competition in order to protect the taxi industry. And they are right. That has always been part of the challenge facing the council: how to legitimize the popular TNC services without undermining the still indispensable taxi industry. Not everybody has a smartphone and a credit card. A recent study found that taxis, which accept cash and scrip, serve a disproportionately older and poorer customer base, as well as our crucial tourism industry. Taxis operate accessible vehicles, and provide discounted fares through Hopelink and other social service contracts. They also provide a livelihood to their traditionally immigrant drivers and owners.

However superior uberX might be at getting you home after a night of heavy drinking, it is in the public interest to maintain a healthy taxi industry as well.

How do we sustain the taxi industry in the face of all this new competition? Seattle disastrously experimented with taxi deregulation in the 1980s, removing all caps and price controls only to see prices rise, service deteriorate, and incomes fall in the face of a Malthusian collapse—so there is understandably little support on the council to repeat that experiment in the interest of accommodating the TNCs. And “if we are regulating one half of the market,” argues council member Nick Licata, “we can’t ignore the open-source half” without creating an unlevel playing field.

That is the delicate balance the council is attempting to strike: a regulatory structure that allows the TNCs to legally enter the market while giving the taxi industry the breathing space necessary to adapt to a new reality. Apps like TaxiMagic and particularly Flywheel are already close to providing the same slick user experience TNC customers have come to expect; Yellow Cab, by far the city’s largest taxi association, is in the process of upgrading its dispatch system with plans to release its own competitive app later this year. There’s no question that the innovative TNCs are forcing the the taxi industry to improve its service. There’s also no question that the council will need to revisit taxi and TNC regulations in the years to come.

Maybe the proposed TNC cap is too low. Maybe it is too high. Maybe, ultimately, caps will prove unnecessary at all. But the goal is to transition into a market where both the TNCs and the taxis can peacefully and profitably coexist. And the first step is legalizing the TNCs currently unlawful operations.

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Last Friday, I and much of the Washington lefty establishment, noted that State Sen. Jan Angel at the behest of Rodney Tom killed funding for state homeless programs. Anyway, finally Senator Angel has decided to address the problem head on. By demanding that Governor Inslee study the issue to death.

Sen. Jan Angel today sent a letter to the governor requesting his leadership in establishing a task force to evaluate funding sources for local homeless housing and assistance.

Her decision to hold House Bill 2368, a measure that would extend a temporary surcharge tax to support homelessness, in the financial institutions, housing and insurance committee has caused a flurry of controversy and inaccurate accusations, despite her good intentions.

“I was half an inch away from being homeless myself, so this issue is extremely important to me, despite what others are so quick to assume,” said Angel, R-Port Orchard. “People need to understand all of the facts surrounding an issue before they point fingers.”

Yeah, just because she withheld funds, how dare you ignore her personal story? Don’t you understand individual, unverified, claims are more important than the actual policy she pushes? Stop holding her to account for her actions, you meanies.

Angel said her main concerns about HB 2368 have to do with a lack of supporting data and reporting from the state Department of Commerce, strong discord among involved stakeholders, and the fact that the surcharge tax falls on the backs of one small and unpredictable sector.

That’s why she didn’t go through the normal committee process and instead killed it in a surprise legislative move. A move that caught even most of her GOP colleagues off guard. If she had wanted more reporting or more information, well, she’s the chair of the relevant committee. She could have made that happen without killing funding. For God’s Sake.

“This isn’t a matter of being for or against homeless people. This is about finding a sustainable solution that is agreed upon by all affected stakeholders – things that the measure did not do.

Look, it isn’t a matter of being against homeless people; It’s a matter of taking action against homeless people. And then waiting a week to find a way to deflect the actual reasons that you did it.

“That’s why I have called on the governor for his leadership. I am sure that he would agree that Washingtonians living in cars should be at the top of our priority list.

Jan Angel has called on the governor to lead, because we can be assured of one thing: Jan Angel will not lead on her own. No, what we need most of all in these troubled times is a commission or something. And, in the mean time, if people are hungry or cold we can just tell them, “there’s a taskforce in some office in Olympia leadershipping.”

“When you are put in a leadership position, you have to be willing to make the tough calls for the betterment of people. As co-chair of the committee, I decided to hold the measure because I know we can do better.”

But even after a week, I have no idea what better is. Leadership, as you know, is having no ideas and asking for someone else to rescue you from you own actions.

Angel said the current surcharge tax is at the mercy of virtually one industry that experiences severe peaks and dips depending on the economy. Instead of putting this kind of responsibility on the backs of one small sector, she is looking to the governor to help pull everyone together to evaluate more stable and permanent funding options that would truly meet the needs of the homeless.

Of course, the governor would have had more time to figure that out if she hadn’t killed the funding in a surprise last minute maneuver.

– Mark Driscoll should probably consider just stopping for a while until he can get past the plagiarism stuff. Don’t worry, buddy. The asshole church you built will still be there when you get back.

– This is a lovely story from when Multnomah County issued marriage licenses to gay couples.

– Some of the writing from the Times makes me wonder if the newsprint ink they’re using is actually liquified privilege. But let’s check out the latest…

– It’s sort of dizzying to look at the map of bikes that have been stolen in Seattle.

– At least the Renaissance popes commissioned grand architecture and art. These kids mostly just cash checks.

– In a previous Open Thread, I said that I was sorry for the people who lost money on Bitcoin. That’s still mostly true, but there are exceptions.

Well, this is good news.

A new policy for the Seattle Police Department aims to change how officers handle crisis situations with people who are mentally ill or under the influence. The crisis intervention policy, which takes effect Monday, is part of the city’s federally-mandated police reforms.

A key component calls for officers to de-escalate a situation whenever feasible, in line with standard law enforcement practices.

I hope this has a real change in the interactions with people with mental illness, not just some window dressing for the Feds and the public. The department has been resistant to change, and a new policy alone isn’t going to be enough. The actions of the police will be the final measure.

Still, this new policy will include gathering measurable data, so even with the need to temper it above, I’m also hopeful.

I don’t know what’s going on with Mayor Murray. He really has to figure out how to get a handle on the police department. He inherited a mess, but his actions for the past week have not been at all helpful. And it’s still the gang that couldn’t shoot straight (emphasis mine).

(1) The mayor has placed an “indefinite hold” on his police chief signing any further settlements in officer-misconduct cases until further review, Deputy Mayor Hyeok Kim told the council’s public safety committee; (2) the mayor’s office has also decided to reopen those six cases in which the chief decided to downgrade the punishment to “see if appropriate determinations were made,” according to the bureaucratic parlance of mayoral public safety adviser Tina Podlodowski; and (3) Deputy Mayor Kim told the council that city officials cannot find any paperwork confirming that former interim chief Jim Pugel tentatively downgraded discipline in those six cases, as claimed repeatedly in the last week by Chief Bailey and Mayor Murray.

Shit’s important and he’s got to do better. I was worried when the Guild endorsed him that it was because they though he wouldn’t, or wouldn’t be able to, reign them in and so far he hasn’t. The police ought to know what the consequences of their actions will be and they ought to do a better job protecting and serving the city.

And it has really just been amateur hour at City Hall. It was the way he got rid of James Keblas at the office of Film and Music. And now, while I don’t really care about it, the type of thing the press and insiders looooove.

A statement from Mayor Ed Murray on Thursday afternoon mourned the death of Jim Diers, popular former director of Seattle’s Department of Neighborhoods until then-Mayor Greg Nickels took office and fired him.

“My thoughts go out to the Diers family,” said the Mayor. “He will be missed.”

A few minutes later, a second urgent missive from City Hall regarding Diers: “He is alive and well.”

The Mayor had confused Diers with Joe Dear, a former chief of staff to Gov. Gary Locke and director of the Washington State Investment Board, who died of cancer at the age of 62. Dear was equally popular and warmly eulogized by his longtime friend U.S. Rep. Denny Heck, D-Wash.

Again, I mostly don’t care: Some staffer made a mistake, and it was corrected as soon as they realized it. It’s hardly his finest hour, but it happens. Still, when you run a put-the-adults-back-in-charge campaign, there’s less room for this sort of thing.

And to be clear, I don’t want him damaged. He needs to be able to fight for a strong minimum wage, and for decent universal pre-kindergarden in town. And I suspect that too many more weeks like he’s been having and some of the people who supported him are going to start looking elsewhere. Maybe start looking at the next election, maybe going to the City Council to thwart his plans. Still, it has only been a bad couple weeks, and I think he can turn things around if he gets his head in the game.

This story has been bouncing around the feminist blogs for a little while now, but I didn’t realize it was in Washington State. It’s pretty grim. I’m not quoting the most explicit parts of the story, but The Longview Daily News has more details. What’s pertinent is:

In October 2012, a woman was held against her will, taped naked to a chair and sexually assaulted. This week, Cowlitz County prosecutors had the same woman arrested to help prove the case against her alleged captors.

The 43-year-old woman — the victim and prime witness in the case — has not been charged with any crime. She just wasn’t showing up for pre-trial meetings with prosecutors, despite promising to do so several times.

So earlier this month they obtained a judge’s order for a material witness warrant.

It’s a little-used procedure under state law that allows police to arrest a witness of a crime to ensure they show up for court. Chief Criminal Deputy James Smith said such warrants are rare and requested only “as a last resort.”

In this case, it had the added irony of using a warrant to hold the woman against her will so she can help convict someone else of holding her against her will.

Prosecutors said they can’t comment directly on an on-going case. Generally, though, Smith said the severity of the charges is always a factor in taking such a serious step.

Like the people I linked to above, I’m horrified that this happened.* The counties should certainly take up prosecutions of this sort, but detaining a rape victim — one who was for the most part cooperating, but had missed a court date — can’t possibly be the best way to go about it.

It certainly feels like an abuse of the material witness statute. I hope the legislature will take up both better ways to help witnesses who might be transient get to court and to reign in this type of use of the statute. And I hope prosecutors who might be in a position to do this will reconsider.

I mean, we certainly want to prosecute rapists to the extent possible. But surely not by locking up victims, and potentially re-victimizing them. Maybe some of the lawyers in the comments section can think of positive changes to the law.

If you want to contact the Cowlitz County Prosecuting Attorney’s office and ask them to do better next time, you can do so here.

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– If you’re going to have an ACA horror story, it would be nice if that story was based in fact. But that’s probably too much to ask.

– It’s also important to emphasize going forward that the pre-clearance requirement in Section 5 was far from obsolete. Because of the nature of elections, before-the-fact challenges to vote suppression are far more effective than after-the-fact ones. Once a state has conducted an election, it becomes much more difficult for the courts to order remedies. A pre-clearance requirement is not sufficient, but it’s a crucial part of voting rights protection, and Congress should not concede this issue to the Supreme Court going forward.

– The King County Council officially put the measure to save Metro on the ballot.

– Transportation Advocacy Day is coming up. I still haven’t got my Transportation Advocacy Day tree, or done most of my Transportation Advocacy Day shopping.

– Several years ago Washington legislators arrived at a sensible compromise, requiring districts to include measures of student growth in their evaluations of teachers – but leaving it to the districts to decide what that actually meant. It’s a good system that should be given time to be properly implemented. But Duncan insists that teacher evaluations be directly linked to specific test scores, even where states have chosen not to do so.

– I still don’t understand Bitcoin, and I’m genuinely sorry for the people who lost money here, but, you know, there are reasons for regulations on actual money.

– Did you get any snow? Here are school closures/delays in Washington.

– Despite how amazingly think-about-what-you-did that assignment is, i’s total bullshit that his record remains clean, and ideally his punishment would remain in place and he’d have to make his being-a-decent-human presentation and have to write “don’t be a dick” on the blackboard fifty times.

– Here’s another view of the brand new ship Macaw Arrow, docking at Port of Olympia on it’s first ever journey, to deliver “frack sand” proppants for fracking North Dakota oil shale.

– I’m not really in the habit of linking to sermons here, or listening to them online, really, but this one really got to me.

– The anti-choice movement is up in arms over my play, MOM BABY GOD, and I have a simple message for them: Bring it on. We’re not backing down.

– I’m afraid Goldy was perhaps too irenic to Boeing management here.

Well this certainly bodes poorly for police reform. As well as being pretty crappy in its own right.

I just got a call from Seattle Times reporter Steve Miletich confirming a rumor I’d heard recently: Seattle police chief Harry Bailey has overturned the one-day suspension of Officer John Marion, the cop who threatened to harass me at work in retaliation for reporting on police misconduct. Chief Bailey wants to provide more training instead, and as Miletich explains, Bailey doesn’t seem to understand that he’s also apparently overturned the misconduct ruling itself

The police in this city are problematic on a level enough for the DOJ to get involved. They have a pattern stretching back over a decade. The last mayor half assed reform only when the Feds got involved, and previous mayors didn’t even do that much. It’s disheartening to see Ed Murray’s team not even be able to match the halfassedness of his predecessor.

But maybe I’m making too much of one thing. Oh (Seattle Times link).

Bailey, who was appointed interim chief last month by Mayor Ed Murray, said he took the action as part of a sweeping review of more than 25 pending grievances stemming from backlogged disciplinary actions imposed by former interim Chief Jim Pugel and former Police Chief John Diaz.

He said he wants to “get all of these things cleaned up before the new chief comes,” a reference to Murray’s goal to find a permanent chief by the end of April.

Bailey said he was working with the City Attorney’s Office and the Seattle Police Officers’ Guild (SPOG) to resolve some of the cases.

We let police officers carry guns and arrest people on the public dime. We ought to expect there will be some accountability when the fuck up, but it’s looking like even that is too much to ask.

– The Big Burger Boycott is today, Seattle.

– Volkswagen’s top labor representative threatened on Wednesday to try to block further investments by the German carmaker in the southern United States if its workers there are not unionized. [h/t]

– (video plays automatically) Well I’m no expert but firing Hanford whistleblowers seems like a bad idea.

– Honestly? You probably don’t want just any old scab driving your kids around first thing in the morning.

– At what point does Rodney Tom just give up any pretense of being a Democrat(Seattle Times link)?

– The Dignity of Work

The Pay It Forward program (Spokesman-Review link) sounds like it’s good as far as it goes.

Instead, under a bill proposed in the House, they’d pay after leaving school in the form of a small, fixed percentage of their future income for up to 25 years.

Rep. Larry Seaquist, who introduced the Pay It Forward program in House Bill 2720, said with tuition costs and loan debt skyrocketing over the past decade, those from low and middle income families find it increasingly difficult to access higher education. The Democrat from Gig Harbor said the Pay It Forward program would remove that barrier.

I don’t want to be too down on this It certainly seems better than getting into debt with whatever the interest rates are to go to college. Look, I hate to be a broken record here, the best way to make college affordable is to not make it so expensive. So long as we are a high tuition state, things like this are eating around the edges, not attacking the problem head on.

The biggest barrier to letting people from underserved communities into college is the fact that it’s fucking expensive. And this plan, while a better alternative for some, is still pretty expensive. Instead of paying for it with taxes, preferably as progressive ones as we can muster in this state, it’s gimmicks like this. And look, if this gets people who wouldn’t otherwise go to college into college, great. But ultimately it’s a poor substitute for making college affordable.

– On the Killing of Jordan Davis by Michael Dunn

– I’m looking forward to the Broadway Bikeway

– Few people ever stop to question why the 358 seemed to carry all of society’s “undesirables” — but the answer is simple: Because the 358 gets people to the necessary services they require to get by in an economy with no safety net.

– Remember, Stein’s report is quite informative – when Bush struggled with Part D implementation, he used executive-branch powers to tweak implementation. Obama is taking the same steps now. The difference is, when Bush did it, no one in Congress, in either party, ran around whining about the president creating a “government of one.” It just didn’t seem that important – because it wasn’t.

– Here’s hoping Oregon can pass their background checks legislation.

– Is Bertha still stuck?

– Just a quick note: When Drinking Liberally is in wandering mode, Darryl is going to post that thread in the morning, and I’ll post an Open Thread in the afternoon. Since you can use either as an open thread* it shouldn’t change conversations here too much.

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There are two bills in Olympia that recognize that it’s not always in the state’s interest to keep felonies on people’s criminal records. First one that would let members of tribes with fishing rights vacate convictions for fishing off reservation before 1975 (Yakima Herald link). Since they have had their rights recognized for decades now, it makes sense to vacate the convictions of the people who made that possible. Also they had the right to fish there, even if the state didn’t always recognize it. Fortunately, that’s another lopsided vote.

House Bill 2080, which passed by a vote of 92-6, would allow those tribal members to apply to the sentencing court to expunge their misdemeanor, gross misdemeanor or felony convictions. Family members and tribal officials could also seek a vacated criminal record on behalf of a deceased person. The court would have the discretion to vacate the conviction, unless certain conditions apply, such as if the person was convicted for a violent crime or crime against a person.

“We have a responsibility to try and make things right,” said the bill’s prime sponsor Rep. David Sawyer, D-Tacoma. “It simply allows tribal members to apply to have those convictions vacated so they can live their lives in dignity. It’s essentially an apology as well.”

Tribal members and others were roughed up, harassed and arrested in the 1960s and 1970s while asserting their right to fish for salmon off-reservation under treaties signed with the federal government more than 100 years before. At the time, however, those acts violated Washington state regulations, and there were raids by game wardens and other clashes with police. The Northwest fish-ins known as the “Fish Wars” were modeled after civil rights movement sit-ins and were part of larger demonstrations to assert American Indian rights nationwide.

The other thing is a bill to allow prostitutes to clear their convictions stemming from prostitution if they were a result of. This story is a bit sensationalist, and probably makes some generalizations about why people become prostitutes that aren’t great. Not every prostitute is a victim or trying to leave, but this bill is still a good thing.

This session, Washington lawmakers hope to support victims by expanding a law to allow survivors of sex trafficking to clear their records of multiple prostitution convictions. A current law, passed two years ago, only allows for removing one conviction.

The new bill continues the state’s role as a leader in legislation to combat trafficking. So far, only about a dozen states have similar laws on the books. The latest legislative effort also continues a national trend toward taking a “victim-centered” approach to prostitution.

[…]

“The reality is that individuals engaged in prostitution are often caught and arrested and prosecuted multiple times over their time in ‘the life,'” said King County’s Senior Deputy Prosecutor Val Richey, who works exclusively on human trafficking cases. “Allowing them to remove those convictions because they were obtained as result of engaging in prostitution through force or coercion makes a lot of sense, whether it’s one conviction or two or three.”

Richey said he hopes the bill expansion passes through the state Senate. An identical expansion to the bill passed the House last year but got stalled in the mostly Republican-controlled Senate. This year the bill’s sponsor said it has a better chance because a compromise is being sorted out.

In both cases it shows the legislature, or at least some members, see the limits of the criminal justice system. That in those instances, people having a criminal record is worse than the thing that we’re trying to prevent by convicting people and giving them those records in the first place.

I didn’t realize this was even in the works as a possibility, but Jay Inslee has put a stop to the death penalty when he’s in office (Spokesman Review link). While I’d prefer him commuting people’s sentences or the legislature actually passing a ban on the death penalty, this is an important thing, and I’m glad he did it. Still the real work to make this permanent is ahead.

Inslee announced a moratorium today on capital punishment, saying he will issue a reprieve if any execution warrant comes to his desk. He’s not issuing a blanket commutation of sentences, and anyone who gets a reprieve from him could still be executed by a successor.

He expects the moratorium to spark a conversation about the death penalty in Washington.

There was a discussion in yesterday’s Open Thread about how much it means. I don’t know if there’s much of a chance to get something passed this session, but it might be worth letting your legislator know if you want the death penalty ended.