Herbold's proposal could send Seattle down a slippery slope

What version of Seattle will we want to experience in the post-coronavirus era? What do we want business travelers and tourists to experience when they visit the Emerald City? Will Seattle be a city with vibrant business districts bustling with shops and enterprises newly recovered from the damage inflicted by the pandemic?

Sounds right, doesn’t it?

Whether that happens may depend on the fate of legislation under consideration by the Seattle City Council. Dubbed the “poverty defense,” this problematic legislation would excuse suspects from most misdemeanor crimes if the unlawful action can be linked to poverty or mental illness. While thinking “outside the box” can sometimes yield innovative solutions, this proposal jeopardizes the future of our still vulnerable city.

Introduced late last year by Seattle City Councilmember Lisa Herbold, who chairs the council’s Public Safety Committee, this measure would provide an “affirmative defense” for almost all misdemeanor crimes if the person who committed the crime did so to meet a basic need. If the “poverty defense” becomes law, one could admit to stealing goods from a downtown department store, electronics from a Queen Anne drug store, or even a bike from a Capitol Hill bike shop and walk away scot-free — as long as the theft supported a basic need and the pilfered item was valued at under $750 (the upper threshold for misdemeanor theft in Seattle).

This proposal sends the wrong signal to business owners and would-be offenders by setting a dangerous precedent. For would-be offenders, it creates blanket immunity and removes our most effective deterrence against crime: consequence.

In 2019, Seattle Police reported 25,993 thefts, 8,442 assaults, 6,430 property offenses, 4,194 frauds, 3,910 trespasses and 1,640 narcotics violations — totaling more than two-thirds of all reported crimes. Many of these offenses would be permitted under the law if Herbold’s proposed legislation is passed.

The defense that Councilmember Herbold proposes short-circuits the Seattle City Attorney’s office and sends a dangerous message to those considering crimes.

Worst of all, this legislation doesn’t contain provisions to go after the root cause of so much crime — mental illness, and addiction. Instead of offering blanket immunity, as Herbold’s proposal aims to do, why not require defendants to seek treatment or enroll in services to avoid prosecution or receive a reduced sentence?

Herbold’s heart and head are in the right place. As currently written, however, her proposal would do more harm than good to the overall interests of Seattle.

We can, and should, do better.