Krist Novoselić — Chair Cascade Party • September 18, 2024
Yesterday, in a 8 to 1 vote, The Seattle City Council passed CB 120835, the Stay Out of Drug Area (SODA) bill. This legislation is needed to protect our communities from the effects of public drug abuse, deadly overdoses and drug dealing crime.
Cascade Party stands for social good and commends the council for passing the SODA bill.
The SODA zone is a form of restraining order to keep illicit drugs out of hot spots. It’s about dealers who prey on drug addicts. Opponents of SODA claim drug dealers are themselves victims. But dealing drugs in our open spaces should be unacceptable under all circumstances. Irrespective of events that led these dealers down a criminal path, it is still true that they enable addiction and exploit the vulnerable, negatively impacting our business community and make living in Seattle both unappealing and unsafe.
Keeping street dealers out of drug hot spots also disrupts the supply chain for gangs and other organized crime profiting from the situation.
The bill that passed is clear on its necessity;
- ◇ In 2023 the City of Seattle experienced a record 763 drug overdose deaths, amounting to almost half of the total drug overdose deaths in King County. Drug use and overdose deaths are highly concentrated around open-air drug trafficking markets.
- ◇ Crime in Seattle is significantly concentrated around these illicit markets, resulting in violence and property crimes. Open-air drug trafficking markets have historically been, and currently remain, concentrated in certain areas in Seattle.
- ◇ Public safety concerns connected to open-air drug activity are a reason why many employers and employees have not returned to in-office work in those locations.
- ◇ Public safety concerns connected to open-air drug activity have caused many businesses to shut down in commercial areas, have also negatively impacted important civic, arts, and cultural institutions, and have substantially decreased the reported quality of life of residents in those districts.
Restraining Order
The SODA zone is like a restraining order to keep illicit drugs like fentanyl out of the hot spots;
- ◇ Seattle Municipal Court (Court) may issue a SODA order to anyone charged with, or convicted of, any criminal violation of the Controlled Substances Act.
- ◇ In issuing a SODA order the Court shall consider where a defendant is housed, employed, or receives substantial services, based on evidence provided by the defendant.
- ◇ The Court may also issue a SODA order to anyone charged with, or convicted of, assault, harassment, theft, criminal trespass, property destruction, or unlawful use or possession of weapons occurring in a designated SODA zone in which the court finds a nexus between the offense and illegal drug activity. [My emphasis]
Due Process for Defendants
The legislation states,
“Upon request for modification or termination of any order the court shall consider the requested modification or termination by allowing for a process by which the person subject to the order can provide relevant testimony or other evidence in support of the request.”
Defendants in a SODA action can plea to the judge based on their character. Unfortunately, many of the people facing an order will likely already have well-established criminal records. The SODA zone is intended to make areas with the highest level of crime and criminality unappealing to those already caught in a web of legal trouble. The best course for individuals subject to SODA action is to leave that lifestyle behind and to seek help.
Here is the alternative:
Any SODA order shall describe the prohibited SODA zone determined by the court and shall conspicuously state: “WARNING: Violation of this order is a gross misdemeanor subject to a maximum penalty of 364 days in jail and/or a $5,000 fine. A person found in violation of this order is subject to arrest under Seattle Municipal Code Chapter 12A.21.”
Unless a judge orders otherwise, the SODA order lasts for two years. This is plenty of time for people who used to live in the underworld of fentanyl and drug dealing to put the lives they lived in SODA zones behind them and start anew away from depravity.
Livability
For the community at-large, this action to implement SODA does not stop us from continuing to pursue other paths for treating addictions and opportunities to change course for those caught up in dysfunctional lives. In the meantime, something needs to be done to ensure Seattle continues to be an area that grows and thrives and not be defined by its worst areas.
We all contribute to livability by respecting others in public. The sad truth is: The drug abuse epidemic has resulted in too many living —and dying— all over everybody else. Open air drug markets drag our common spaces down. There is no established legal right for people to sell illicit drugs in public. The disrespect to the public at large needs to stop and SODA — which targets drug dealers — is part of the solution.
CASCADE PARTY of WASHINGTON
PO Box 28004
Seattle, WA 98118
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