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Fentanyl pills found in Renton: Photo DEA
In October south King County mayors wrote an open letter asking County and State officials for specific assistance managing crime; the American Civil Liberties Union (ACLU) along with other signatories sent a rebuttal that minimized and sidestepped the concerns identified by the mayors. These letters are highly relevant today as the issues of the “Blake Decision” and police pursuit are currently before the legislature
I’ve supported the ACLU in past decades for their devotion to protecting our most basic civil liberties. But I have a few significant disagreements with their wording and their logic in this letter exchange with the mayors.
The ACLU set a questionable tone in their “celebration” choice of wording when discussing overturning of drug cases by the “Blake Decision.” I share the ACLU view that people struggling with addiction should have opportunity for diversion and rehabilitation ahead of incarceration. At least two-thirds of americans during the last ten years also share this view. We’ve been working to establish these options in our court system, and we should do better. But nothing in the context of the current fentanyl/opioid overdose crisis suggests that our current circumstances are “cause for celebration,” as ACLU called the “Blake Decision” in their letter. The King County Medical Examiner recently announced we are running out of morgue space for victims of drug overdoses, with about two county residents dying every day, and the ACLU words “cause for celebration” seem unfeeling and even twisted. It’s not time for a party. While I would typically excuse unfortunate writing like this as a simple bad word choice, the “celebration” wording leaves me wondering whether the ACLU has not fully grasped the extent of the human suffering in our cities caused by the current explosion of deadly opioid use. The ACLU might have more humanely characterized the Blake Decision as “a time to redouble our drug rehabilitation options“, or “a valuable opportunity for those struggling with addiction to seek assistance.” I agree it’s compassionate for fewer people to have criminal records, but not if they end up dead instead. There were over 800 of these tragic overdose deaths just in King County last year, disproportionately ending the lives of BIPOC residents.
ACLU: “Additionally, in the wake of the State v. Blake decision by the Washington Supreme Court, which found the state’s drug possession crime unconstitutional, thousands fewer Washingtonians are now being subjected to arrest and prosecution for drug use — a public health issue.[1] That means thousands fewer Washingtonians, disproportionately our BIPOC neighbors and family members, are winding up with a criminal record that makes it harder to access services and find housing and jobs. This is a cause for celebration, not fear. “
Elsewhere in the mayors’ letter the mayors ask specifically for some reasonable police pursuit authority to be restored, and the ACLU deflects their request with a straw man argument, irrelevantly pointing out that the elimination of chokeholds (a different RCW that the mayors have no issues with) has saved lives.
ACLU: “The truth, supported by evidence, is that new policies are working. There was a 60% decline in police killings across our state in the year after the Legislature passed police reform bills in 2021 — something the mayors’ letter fails to mention. Commonsense reforms, like prohibiting the use of chokeholds and restricting vehicle pursuits, increase the quality of policing and reduce violent outcomes, helping everyone return home safely at the end of the day.”
The ACLU also tells the mayors that the mayors are only imagining that crime is increasing, and even accuse the mayors of dishonesty. The ACLU argues ironically that since there are virtually no drug arrests adding to the crime numbers any more, the total rate of crime has gone down. Apparently Renton residents are supposed to be comforted that even though Renton police data shows murders and other gun violence surging in the city, since there are no more drug possession arrests anymore there is nothing to worry about. The ACLU also completely ignores the sharp increase in Washington highway deaths (tragically up by about 200) primarily from reckless and inebriated drivers easily eluding police under the new pursuit law; this increase has made Washington’s roads more deadly than the national average for the first time in 45 years. Maddeningly, the ACLU even dismissively refers to car theft rates that have doubled or tripled in the last few years as simply “an uptick,” while victims lives get turned upside down everyday in Renton.
ACLU: “In fact, despite an increase in car thefts – an uptick that also follows national trends and happened before the Legislature’s reforms — overall Crimes Against Property and Crimes Against Society (drug violations, weapon law violations, etc.) decreased statewide in 2021. If the mayors believe an increase in some crime is due to police reform legislation, shouldn’t they also credit the reforms for decreasing rates of other crimes? Pinning increases in crime to efforts to improve police conduct and accountability is dishonest, given the lack of evidence to support the claim. Our communities deserve more from our elected representatives. “
In summary, if the ACLU felt the drug possession laws were illegally vague, I can’t fault ACLU for challenging them in court, and asking the legislature to come up with better rules. Such legal challenges have been part of the ACLU’s mission for decades. But I don’t share the ACLU’s “cause for celebration” in our current rapidly accelerating drug overdose disaster, and I think that King County mayors should be free to ask their legislators for assistance without ACLU unfairly labeling them as dishonest.
The ACLU has cherry pick a very tiny statistic like “how many people did the police kill” and ignore a very large statistic like “how many people died of fentanyl overdoses”
When one stat is exponentially larger than the other, you can tell the author is lazy at best and disingenuous or manipulative at worst. Either way the ACLU should not be trusted in this instance.
Sad, because I kind of like their advocacy in many ways.
While the ACLU has historically been a champion for civil liberties, their response to the South King County mayors’ concerns seems tone-deaf, especially given the ongoing opioid crisis and its disproportionate impact on BIPOC communities.
Celebrating the Blake Decision without acknowledging the dire consequences of the opioid crisis is insensitive. Moreover, dismissing the mayors’ concerns about public safety and the rise in crime rates does not foster constructive dialogue.
I came to this country seeking a better life. I am concerned by the ACLU’s response to the mayors’ letter.
I agree that people struggling with addiction need help and support, we cannot ignore the impact these drugs have on our neighborhoods and families.
The mayors are asking for assistance to address these problems, but the ACLU sidestep their concerns. I want to see our communities thrive and safe for everyone. Including our children.
We need to work together to find solutions that balance compassion and law enforcement.