Seattle introduces controversial drug and prostitution zones

According to a memo prepared by Council policy analysts, the new law is intended to give Seattle police officers more authority to target people who are in drug markets in an effort to disperse them.

But in the same memo, the authors say they “have not found any rigorous evaluation suggesting that the use of SODA orders (when issued by judges and extensively enforced by police departments) has the effect of improving public order, public safety, quality of life, and economic vitality.”

The analysis also shows that exclusion orders can encourage recidivism without addressing the underlying drug addiction, could displace drug markets elsewhere in the city, and could open the door to discriminatory policing.

“I agree that we have to start with compassion, have empathy for those who are affected,” Kettle said at the Sept. 17 council meeting. “We also have to have the wisdom to look at the whole community, the whole neighborhood. Neighbors have been attacked, constantly threatened and not able to have a community.

He continued: “This law … will not by itself solve what we are facing with the drug markets. But it will help disrupt the drug trade, building on the lessons of previous editions.”

Councilman Dan Strauss introduced three last-minute amendments to the SODA bill that received unanimous support from his colleagues. The amendments require the city to collect data and conduct regular analyses of SODA zones to look for unintended consequences. The Public Safety Committee would also be required to reevaluate the policy every two years.

Stay away from prostitution and loitering

Led by Councilmember Moore, who represents District 5 in North Seattle, the new SOAP and Loitering Prostitution Act is intended to address Aurora’s widespread problems with prostitution, sex trafficking and associated gun violence.

The law reinstates Seattle’s misdemeanor of prostitution loitering, which can be committed by adult sellers and buyers of sex. Police officers can make arrests after witnessing someone “repeatedly beckoning, stopping or attempting to stop passersby in conversation; repeatedly stopping or attempting to stop vehicles,” according to the council’s policy analysis.

The new law adds additional circumstances in which police can arrest someone for loitering in prostitution, such as repeatedly approaching a motor vehicle, leaning against the vehicle and engaging in conversation with the driver.

In addition, the law creates a new offence: “promoting loitering for the purpose of prostitution”, aimed at tackling pimps and sex traffickers.

Finally, the new law creates a prostitution banishment zone along Aurora from North 85th Street to North 145th Street and several blocks on each side of Aurora. Like SODA, the SOAP law allows a Seattle Municipal Court judge to banish from the court someone who has been charged or convicted of prostitution, loitering, engaging in prostitution, promoting loitering for the purpose of prostitution, or visiting a prostitute. A person can also be banned from the SOAP zone if they have been charged or convicted of a crime that occurred in the zone that the court determines is related to prostitution.

Moore has insisted that she wants officers to focus enforcement on people who buy sex and people who traffic prostitutes. For prostitutes and sex trafficking victims, Moore wants officers to refer people to services rather than arrest them.

The City Council does not have the authority to dictate how police enforce a law, but an amendment Moore introduced at the Sept. 10 meeting of the Public Safety Committee added language emphasizing Moore’s intentions and requiring new training for Seattle police officers on working with victims of commercial sexual exploitation.

“It’s not unfair for this council to ask that this council do something to make everyone in the community safe,” Moore said at the Sept. 17 meeting. “The neighbors in the community safe; the businesses safe; the kids that go to and from elementary school, middle school, high school safe; and even the women that are trafficked and prostituted on the streets.”

Hollingsworth introduced a last-minute amendment to the bill that would require data to be collected and analyzed on how many people have been arrested under the prostitution loitering law. Data collection would include the number of arrests, referrals to the city attorney, prosecutions, and dismissals of cases.

Strauss introduced three amendments to the SOAP Act similar to the SODA amendments that require data collection and ongoing analysis of the impact of SOAP. The SOAP amendments also passed 9-0.

Tensions on display

SODA and SOAP faced heavy opposition during the City Council’s public comment rounds, with opponents arguing against the bills and occasionally insulting council members.

The conflict was on full display at the Public Safety Committee meeting on September 10. More than 60 people gave public testimony, with only a dozen expressing support for SODA and SOAP.

Commission Chairman Bob Kettle ended public comment after 90 minutes, before everyone who had signed up to testify had a chance to speak. As has happened several times this year, ending the public comment period early resulted in chants of “Let them speak” from some in the council chamber and other jeers.

In response to the shouting, the council members took a break. When they returned, the chanting had resumed, so the lawmakers took a longer break and called for police officers to remove the protesters. Eventually, officers removed people without arrest, but the ordeal lasted more than an hour.

Opponents argued that the bills are a kind of performative measures by the Council that do not end drug trafficking, prostitution or the associated crime and disorder, but are harmful to people with substance abuse problems or those involved in prostitution, making it more difficult for them to access services.

The list of opponents included representatives from the Coalition for Rights & Safety for People in the Sex Trade, Sexual Violence Law Center, Strippers are Workers, Alliance for Gun Responsibility, Seattle/King County Coalition on Homelessness, Evergreen Treatment Services, Purpose Dignity Action, ACLU Washington, the King County Department of Public Defense and many more.

Supporters included the Downtown Seattle Association, the Seattle Hotel Association, The More We Love, and residents and business owners who live or work near the proposed zones.

They argued that the gun violence, crime and disorder in downtown and North Seattle demanded action from the city. However, many also said they would like to see the city invest more in services for people with substance abuse problems and those working in the sex industry.

The September 17 council meeting again produced significant public testimony. More than 100 people gave testimony in the two and a half hours of the meeting. A larger percentage of the audience spoke in favor of SOAP and SODA than on September 10, but the majority of the testimony was still against the new laws.