History, politics, people of Oly WA

Category: Washington Politics (Page 1 of 25)

We all know the Washington State flag is pretty bad. Here’s how we change it

Designing a new state flag before we know how to replace the state flag is putting the cart before the horse

This is my serious proposal for a new Washington State flag. No, not really. This is my proposal for the flag of movement to replace our universally admitted to be bad state flag.

Get it? We’re putting the cart before the horse. I am hilarious.

Anyway.

New Washington State Flags and Why

So far, we Washington State flag dislikers are too interested in getting to the point of replacing the state flag with something cooler (cool, cool, coooool, they’re all so cool) than realizing that replacing the state flag will take some work.

The state flag is an official state symbol determined by and managed by the state, specifically the Office of the Secretary of State.

Why is the Washington State flag terrible? This video does the best job explaining the concepts of flag design and why ours is just bad (a flag is not money). Watch the entire thing, it is pretty entertaining, but I linked to just the Washington State portion.

Process over Proposals

So, here is my serious proposal for a Washington State Flag Commission. Like many good things, I stole it. This proposal is based on a process recently undertaken in Minnesota to replace their reprehensible flag with something not only cooler, but something that falls into line with the rules of flag design (vexillology).

The Washington State Flag Redesign Commission would created by the state legislator, led by the Secretary of State (who overseas state symbols), and include a diverse group of members to ensure broad representation.

The Commission would set goals and create a design brief that outlining the vision and values for the new flag. Public engagement will be a priority, with a statewide design contest, outreach to schools and communities, and opportunities for public input.

After reviewing submissions, the Commission will select finalists and gather additional feedback. The final design will be put to a public vote during a general election, allowing Washingtonians to choose between the new flag and the current one.

Utah had a similar process recently, which culminated in a vote by the legislature. It is worth pointing out here, but a statewide vote seems more in line with how we work in Washington State.

Exile Ourselves

Earlier this year, a county commissioner in Mason County suggested a plan to banish certain residents from the county. Under the proposal, individuals convicted of specific misdemeanor offenses would be required to leave the county for up to a year if they failed to pay fines, complete community service, or seek treatment at their own expense.

In Seattle, a much more serious proposal would restrict people from entering a stretch of a busy road through the northern end of the city. While scaled down in recent proposals, the system would ban people who are part of the sex trade from entering the area.

The idea that we can just send the homeless “somewhere” is something you’ve heard before if you live around here. Pick your favorite not liked place or institution, and someone has argued that we should send the homeless there. Hippy college in that hippy government town? Send the homeless to Evergreen State College. Old island prison that the state closed down because old island prisons are expensive to run? Send those homeless to McNeil Island

This idea of homeless exile ignores that the homeless came from somewhere already. And, knowing what we know about how homelessness has become endemic in our region, the somewhere is right here. We know homelessness is a housing issue. We made housing in short supply, and since there aren’t enough housing or even shelter beds for everyone, someone in our community is literally left on the street.

And more broadly, we’ve been dealing with this idea for as long as we’ve founded our first colonies on the doorsteps of the indigenous people. The idea that we can keep people from coming to a place, that the place will be better if we just keep some people out, is something that pervades American history in the Pacific Northwest. 

Exile is different from prison because in the examples of exile I pointed to above, those exiled are still otherwise citizens or residents. We haven’t taken away their civil rights, taken away their right to vote while in prison. They aren’t wards of the state in the way that would mean where they sleep, when they eat or what they wear is controlled by the Department of Corrections. We expect them to maintain their own home, food supply and clothing. But also, there are places they cannot go that otherwise, but the rest of us can.

Washington State is like a lot of places in that we’ve used laws to exclude people of certain races. For example, we didn’t invent racially restrictive covenants in Washington State, but we seem to be stuck in a constant cycle of surprise and denial that they ever existed or that they still have an impact. We have to keep front and center that the era in which they were enforced, either legally or tacitly, was also the era when your ability to own a home became equal to your ability to maintain wealth and transfer it to your children.

Washington State also didn’t invent using single family zoning after racial housing discrimination became illegal in the 1960s to prevent neighborhoods from integrating. But many cities in Washington State downzoned in order to preserve “neighborhood character” and ensure the wrong kind of people, people that could only afford to live in houses smaller than detached, single family homes, would ever move in.

Where our exile comes from

The American colonialists’ first taste of exclusion in the Pacific Northwest came in the 1840s, as soon as the first permanent white, American settlement touched down west of the Cascades. 

Unsurprisingly, early settlers to the Oregon Territory (then included what is now Washington State) brought with them the politics of slavery.

Overland settlers to Oregon were most likely to be non-slave holding farmers from Appalachian border areas around Kentucky, Ohio and Missouri. These settlers were not pro-slavery. They were also not New England human rights activists or abolitionists. They didn’t like slavery because they saw it as unfair competition in the form of cheap labor.

Appalachians came to the Willamette Valley to establish a territory of “free soil, free labor,” where smaller farmers would pay for their labor. The black exclusion laws passed in the Oregon Territory before the Civil War were technically also “anti-slavery” laws, as the Free Soil activists that settled the region would have seen them.

They were fine with slavery existing somewhere, just as we’re totally okay with criminals, poor people, people of color and homelessness existing. They didn’t want to solve slavery, just in the same way we’re agnostic to homelessness and crime. As long as it exists outside my own neighborhood, on the Evergreen State College campus, not in Mason County or not along one particular street in Seattle, we’re not concerned.

An Oregon territorial judge, in a case regarding a fugitive slave, put to words what would seem to become the regional perception of slavery. It was incompatible with what he described as the nature of the Oregon community. “Establish slavery here, and (y)ou will turn aside that tide of free white labor which has poured itself like a fertilizing flood across the great States of Ohio, Indiana and Illinois.”

When Oregon was putting together its constitution, one of the points that all could agree were “…in absolute agreement about (was) the need to preserve homogeneous populations, and that was race.”

So, when Black people (or at least, non-white people) came across the mountains, they were not welcome in Oregon and told to leave. George Washington Bush was raised a Quaker in Pennsylvania, the son of an African from Indian and an Irish-American. He had already reached the Pacific Coast once in his young adulthood as a fur trapper. He set out again in his 40s from Missouri, putting a successful life as a cattle rancher behind him. George Washington Bush, as far as we know, never lived in the antebellum South. He was never subject to chattel slavery. He lived in Pennsylvania, Missouri, Illinois and traveled the Rocky Mountain West more than once. But when he showed up in the Willamette Valley, surrounded by four other white Appalachian families, he was asked to leave for fear he would bring slavery and threaten the economic order of the community.

So, while north of the Columbia was still technically part of the Oregon Territory, Bush took his party to the Puget Sound, exiling himself to a place where the racial exclusion laws could not touch.

The racial exclusion laws did not address the issues, economic or otherwise, around slavery. They did just enough to create the illusion of safety, but probably did more harm than good for a growing colonial community on the edge of the continent. There aren’t many ways to see exiling a rich rancher from the Willamette was economically beneficial.

But we see the Pacific Northwest repeat the mistake of the Oregon black codes throughout our history.

Right after the Civil War, we taxed Asian migrant workers a “police tax” to allow them to work. 

We used mob violence to drive Asian families out. On November 3, 1885, a mob of white residents forcibly expelled the Chinese population from Tacoma. This event is often referred to as the “Tacoma Method” because it was seen as a methodical and organized expulsion.

The anti-Chinese riots in Puget Sound during the 1880s were part of a broader wave of anti-Chinese sentiment and violence across the United States, particularly in the Western states. These events were driven by economic competition, racism, and xenophobia, as Chinese immigrants were often blamed for taking jobs and driving down wages.

This violence was tied directly to labor organizations such as the Knights of Labor and the American Federation of Labor (AFL), which were influential in the Progressive movement, often excluded Asian and Black workers. In the Pacific Northwest, labor leaders blamed immigrants for driving down wages and advocated for restrictions on Asian immigration. The Asiatic Exclusion League, founded in 1905, was a powerful force in Washington and Oregon, campaigning for further immigration restrictions.

The keystone to the wave of anti-immigrant exclusion actions in the Pacific Northwest was the Johnson-Reed Act, which banned immigration from Asia into the United States in 1924. The “Johnson” in Johnson-Reed was Albert Johnson, an Aberdeen Congressman and a prominent nativist and eugenicist.  His work in Congress reflected the racial and anti-immigrant sentiments prevalent in the Pacific Northwest.

This wasn’t a sideshow in our region’s politics, this was the show.

Excluding people economically, geographically and socially within a place has hurts everyone. It keeps us from solving the problem, from addressing what is really going on. For farmers in the Willamette Valley or labor unionists in Tacoma, the issue wasn’t members of a certain race working, it was a broader system that allowed anyone at all to be exploited. 

If slavery exists, we all suffer. If we exclude anyone, we all suffer.

If someone is spending the money to bring over Chinese citizens to work, it is the system that allows Chinese citizens to be underpaid is the problem.

If you hear a policy that seeks to address a social ill by keeping someone out of a particular part of town, be sure that the issue really at stake isn’t being addressed.

How we all suffer exile

Lisa Daugaard is a criminal justice reformer and co-created the Law Enforcement Assisted Diversion (LEAD) program, which diverts low-level offenders into community services instead of jail. 

Daugaard argues that reintroducing banishment measures in Seattle is ineffective and counterproductive. Drawing on research, she explains that exclusion fails because people return to the areas due to personal ties or access to services, leading to repeated jail stays and further destabilization. Instead of addressing underlying issues like homelessness and addiction, banishment shifts the problem to other neighborhoods without offering real solutions. 

LEAD addresses the root causes by diverting individuals from the criminal justice system and connecting them to essential support services. Rather than arresting people for minor offenses, LEAD provides access to substance abuse treatment, mental health care, housing, and job training. This approach targets underlying problems and aims to reduce recidivism by offering holistic, coordinated support, ultimately helping individuals stabilize their lives and reintegrate into society more effectively.

Joshua Leavitt argued 20 years before the Civil War that slavery was an economic drain on the entire country. It may have been good for southern landowners, but for banks and northern workers and anyone else, it was a major economic drain. Today, new research Richard Hornbeck and Trevon D. Logan point out the inefficiencies of slavery were far greater than previously understood. While abolitionists made economic arguments, their research shows how emancipation generated economic gains worth between 4 and 35 percent of the American economy. This growth was at least as important as railroads.

Slavery cost the economy, cost us all. Slavery took $40 out of the economy for each slave, about four percent of the gross national product in 1860.

When some of are excluded (from a place, from the economy) it costs everyone.

The most effective way to exclude people is through zoning. One of the best examples of how we’ve exiled people in our communities has been the expansion of single family zoning since the Fair Housing Act was passed in the 1960s. Prior to the late 1970s, Olympia had a balanced approach to housing, with a significant portion of new developments consisting of multi-family units such as duplexes and quadplexes.

Driven by about barely coded concerns about “ghettos” and racial segregation, the Olympia City Council downzoned neighborhoods, drastically reducing the construction of multi-family housing. This shift led to a preference for single-family homes, resulting in car-dependent, less walkable neighborhoods. The transition to single-family zoning has contributed to increased urban sprawl, diminished walkability, and greater economic and racial segregation. The areas with more single-family homes tend to be whiter and more affluent.

While the downzones may not have been intentionally racist, they are classically institutional racism in that they have perpetuated segregation and inequity in housing. The exclusionary nature of single-family zoning has had long-lasting negative effects on community diversity and equity.

What we also know is that keeping Olympia economically (and racially) segregated ended up punishing kids at the bottom end of our community. Research by economists Raj Chetty, Nathaniel Hendren, and Lawrence Katz shows children from low-income families who move to better neighborhoods show significant improvements in long-term outcomes. These include lower teenage birth rates, higher college attendance, and increased earnings as adults. Their study showed that children who moved to lower-poverty neighborhoods earned 31% more and had better life outcomes compared to those who stayed in higher-poverty areas.

A broader study of 5 million families also confirmed these findings, showing that children in better neighborhoods had higher college attendance rates, lower teenage pregnancy rates, and greater incomes. The benefits increased with longer residence in improved areas. Zoning to allow a broader use across the city will lead to less expensive housing among more expensive housing, meaning better outcomes for kids from less wealthy families. All the while, kids from wealthy families are not harmed.

Where we go after exile

I think it is important that I made this entire argument without citing the exclusion built into our colonial Pacific Northwest DNA. The treatment of treaty tribes in Western Washington (that I am most familiar with) and the Pacific Northwest broadly, is the first and largest “you don’t belong here” we ever committed. Now it is baked into a legal treaty relationship that, while we’ve gotten better at, is something we still stumble through more than we should.

We are going to continue proposing exile as a solution. This persistent practice underscores a troubling historic trend of shifting societal issues rather than addressing our root causes. 

Historical patterns of exclusion, from the racial black codes of the Oregon Territory to modern-day zoning policies, are a longstanding attempt in the Pacific Northwest to manage societal problems by isolating certain people rather than integrating and addressing their needs.

Bill and Tony Norton and the criminalizing of candidate names in Washington State

At the eleventh hour, a similar name appeared in the candidate filing for what was poised to be a contentious political contest. Rumors swirled and recriminations between the men ignited over two elections. Throughout 1942 and 1943, two men vied for the Democratic nomination for King County Sheriff and later for Seattle City Council, fueling a saga that inspired legislation aimed at clarifying such pooperhousery, which still carries weight today.

Just last week, conservative activist Glen Morgan orchestrated the filing of two other men named Robert Ferguson, sharing the name with the state Attorney General and gubernatorial candidate, Bob Ferguson. Both men withdrew their candidacies by Monday’s deadline, citing the original Ferguson’s reference to a 1943 law that prohibited poophousing similar-name campaigns.

In spring 1943, Tony Norton, a former Seattle Police Chief and sheriff’s department captain, had filed to succeed an outgoing sheriff.

Meanwhile, William Norton held a seat on the Seattle City Council and chaired its public safety committee.

Although Tony Norton had a well-established campaign, announcing his filing in March 1942, it was City Councilmember Bill Norton who managed to submit his candidacy just in time. Tony suspected foul play:

“I approached Bill Norton, and he denied any involvement in such a scheme. Even Norton’s acquaintances echoed similar sentiments. Yet, to my surprise, Norton filed, leaving the public to draw its own conclusions.”

To his credit, Bill Norton conducted what could now be viewed as a genuine campaign. Advertisements for his candidacy appeared in the Seattle Times, highlighting his grasp of modern policing, efforts in public safety on the city council, and a commitment to good governance.

In the 1942 Democratic primary for King County Sheriff, the Nortons finished third and fourth, respectively. Had all Norton supporters consolidated their votes, they would have surpassed the leading Democratic candidate by several thousand votes. Nonetheless, Harlan Callahan, the leading Republican contender, outpaced even the combined Norton vote by several thousand.

When Tony Norton challenged Bill Norton for his city council seat in early 1943, it was Bill’s turn to retaliate. He pointed to a municipal league statement alleging that Tony Norton, in his roles as both Seattle Police Chief and a King County sheriff captain, was “long identified with lax law enforcement in King County.”

Tony Norton’s advertisements struck a notably different tone, urging “WAKE UP, LABOR!” and warning that “Voting liberal is crucial to preserving your rights, as the reactionaries will vote!”

In the March primary, Tony Norton finished a distant fifth. The top three finishers were automatically elected (which is an interesting election system that we don’t use today), showcasing the potential impact of similar names on the race. The top two candidates received 28,000 and 25,000 votes respectively. Incumbent Bill Norton secured a somewhat distant third with over 19,000 votes, potentially harmed by some of the 11,000 votes Tony Norton garnered in fifth place.

Amidst the heated city council race, one of Seattle’s most influential politicians metaphorically slammed his hand on the table, demanding that the Nortons “knock it off.” Representative John L. O’Brien, who would later serve as Speaker of the House in the 1950s and have the state office building housing the House of Representatives named after him, introduced HB 57. This bill was a resurrection of an earlier failed attempt in 1941, apparently reignited by the Battle of the Nortons.

Interestingly, the 1941 bill was part of a larger reform package that aimed to overhaul Washington’s entire election system, which still retained the Blanket Primary system. Prior to the current Top Two system, voters could participate in an open partisan primary where they could vote for their preferred candidate from any major party. The 1941 reform proposed keeping voters in one lane and, in some cases, establishing a state-sanctioned endorsement process for political parties.

HB 57 was signed into law just over a week after the Seattle City Council primary, effectively curbing the Norton strategy of electoral poophousery for decades.

In a peculiar epilogue to the saga, Tony Norton passed away in September 1943 while undergoing emergency surgery in Okanagan County.

What statewide partisan identification could mean for 2024 elections and beyond

Washington voters seem increasingly engaged in politics, yet not through stronger party identification. This could spell trouble for Republicans, as it hasn’t translated into significant gains for them.

I’ve been tracking party identification data in Washington for years, and the past six years have revealed some intriguing trends. 

Link to my spreadsheet here

Since Washington doesn’t register by party, partisan identity is fluid and personal, constantly evolving based on individual choice or poll responses.

Overall, Democratic identification has steadily grown since the 1990s, becoming dominant in the past decade. Republican identification has consistently shrunk during this period, while the independent category has also declined, albeit at a slower pace.

But the data gets interesting when we dig deeper. For clarity, I’ve grouped the trends by Presidential eras, reflecting the nationalization of politics and its influence on state-level partisan identity.

A Peek at Two Recent Eras:

Obama era: Both Republican and Democratic identification declined, with independents becoming the plurality during Obama’s second term.

Trump era: Independent identification plummeted over 14 points in four years, with Democrats gaining the most (8.25%) and Republicans gaining less (1.25%).

Biden’s Early Presidency:

Now, after three years of Biden in office, clear trends emerge:

  • Democratic identification remains stable despite fluctuations among independents and Republicans.
  • Republicans have gained 1.70% since Biden, while independents have gained 6.73%. Notably, Democratic identification has only dropped 0.11% during this period.

The Mystery of Missing Responses:

The key lies in a rarely reported fourth category: “did not respond.” More people have started answering the party identification question again during Biden’s presidency, and those responses vary across polls. However, one thing is consistent: voters are re-engaging with the question.

Not All Roses for Republicans:

While Republicans and independents may be recovering some lost ground, it’s significant that those returning to the question aren’t siding with either party. Democrats still hold a comfortable lead in identification, despite the movement among other groups.

Looking Ahead:

If Biden is re-elected, a repeat of the Obama era endgame is possible. Independents might become the largest group statewide, while Democrats maintain their lead or decline slightly. During Obama’s presidency, this coincided with a Republican decline (-2.56%) and a rapid independent surge (+6.76%).

In conclusion, Washington voters are indeed becoming more politically engaged, but not necessarily through traditional party affiliation. This trend holds both opportunities and challenges for different political groups, with the potential for further shifts in the state’s political landscape.

The increase in Independent ID during the Obama era resulted in a unique phenomenon in Thurston County: local candidates successfully running and winning without either party label. This strategy has shown staying power, exemplified by incumbents like Gary Edwards retaining their seats. However, since the Trump era’s decline of the independent category, partisan-backed candidates like Tye Menser have unseated independents, and independents in open seats have struggled. The increase again during a potential Biden second presidency could mean a repeat of this trend.

This suggests that while independents might thrive in local, county-level races where statewide political norms hold less sway, a different breed of candidate would be needed to harness the potential surge in independent identification and launch a successful campaign for statewide or legislative office.

After “turn in your ballot on the last day” rhetoric, late ballots more than tripled and trended Republican

Vote on the last day advice from disinformation sources like Dr. Douglas Frank spread in Washington’s Third Congressional District last year.


When Joe Kent lost in an extremely close race last year, it followed months of advice from the candidate and others to Republican voters: submit your ballot at the last minute. This advice drew from the candidate’s experience in the August 2022 Primary, where Kent passed his opponent in the days after the first count, indicating that late voters propelled him over the top.

However, when Kent lost in the general, many people scrutinized the impact of the “vote late” advice.

Conservatives in the Southwest Washington district quickly reacted, with some asserting that the strategy of late voting did not help. In fact, the candidate himself reversed course just weeks after the election, explaining precisely why waiting to vote is a bad idea.

Essentially, life can get in the way. If you want to do something, do it early. Don’t wait and increase the chances that something else will stop you.

It’s also worth noting that the conspiracy theory underlying the “vote late” advice is baseless.

But, what I wanted to find out is whether the rhetoric had an impact on voter behavior. So, I analyzed available data on rejections and precinct results from the Secretary of State’s office for 2020 and 2022 in the WA3 and compared them side-by-side.

Two notable findings emerged:

Firstly, the number of late ballots more than tripled, despite a decline of 100,000 voters in the contest. In the 2020 election, with over 417,000 people casting ballots in the WA3, only 252 submitted ballots late. In 2022, despite a lower turnout of around 319,000 voters, 866 ballots were submitted late.

Here is the data file I worked from.

Second, late ballots shifted Republican between 2020 and 2022.

In 2020, voters in Democratic precincts were more likely to return ballots late.

In 2022, the trend line was much flatter.

An increase in late ballots from Republican precincts drove the overall increase in late ballots.

The bottom line is, though, the difference between the two candidates was more than 2,000 votes. While this is astronomically close, it is more than twice the difference in late votes that were not counted. That said, we obviously don’t have a count of possible Republican voters that didn’t even turn in a ballot because they realized they waited too long.

How our history of downzoning is an argument against “local control” in the legislature and has huge impacts on racial discrimination in housing

 

Eastside Olympia in the midst of large downzone.

As the legislature discusses zoning reform that would allow for modest density increases in exclusionary singe family neighborhoods, it is important to focus on the history of so-called “local control.”

The ability for local governments to determine their own zoning fate has become the primary argument against statewide zoning reform. But the history of neighborhood and city-scale decision-making (aka “local control) puts a sharp focus on housing discrimination and how we’ve excluded people from our communities.

When we discuss racist housing discrimination in the Northwest, we talk about racially restrictive covenants that flourished through the 50s and redlining during the 30s. We skip past the successful whisper campaign that sunk Seattle’s first attempt at an open housing ordinance in the mid-1960s, and head straight towards the Fair Housing Act and the state and local versions of the same law.

After that, our history tells us, housing discrimination has been against the law, and we’ve been slowly bending towards justice. Leftovers like exclusionary single family zoning are artifacts of time before the 1960s civil rights campaigns and are the high hanging fruit after years of struggle.

But when I think about housing discrimination in the Pacific Northwest, I usually start with the 1970s. That is when you see the term “downzone” show up in our regional press. Before that time, there was no single word for taking a neighborhood that was zoned for a mix of densities and only allowing single family zoning.

In response to the outlawing of outright housing discrimination, local governments turned to tools like downzoning to restrict growth and prevent the continued construction of housing that would be affordable across incomes. Exclusive single-family zoning began replacing higher density zoning across the region.

This era of downzoning after the Fair Housing Act begs for more historic understanding. As a community historian, I am most familiar with downzoning efforts in Olympia from the late 1970s to the 1990s. But in a cursory look at other western Washington communities, you can see the same pattern. I can trace stories of Individual neighborhoods starting in the 1970s lobbying for downzones from high density to middle density and any middle density options being chased out of neighborhoods in exchange for single family zoning.

I have done a fairly deep dive into the Olympia history of downzoning, which I’ve written about here. But with the debate over local control in the legislature, there is a need for a deeper understanding of how our communities reacted to the passing of strict housing discrimination laws and why so many decided to push to decrease densities.

There is a classic example on Queen Anne Hill where neighbors fought to downzone in the early 70s. Throughout the 1950s, the City of Seattle planned higher and higher densities in neighborhoods around downtown, including Queen Anne Hill. Just months after Seattle’s open housing ordinance went into effect, Queen Ann neighbors were at city hall, fighting for fewer neighbors to come to their streets.

In Olympia, the downzoning battle began on the Eastside in what is now one of the most exclusive single family neighborhoods. A developer proposed a series of fourplexes, but ended up igniting years of struggle, which resulted in a citywide reassessment of high and middle density housing. A few years later, neighbors of another inner, Eastside neighborhood, fought to further downzone their part of town to “stabilize” the neighborhood.

You can see similar examples across the country of communities picking up downzoning as a tool to implicitly preserve racial divisions when other methods became illegal. Arlington, MA (a Boston suburb) wrote its own history of downzoning, pointing out that before the 1960s, they zoned for plenty of apartments. But, according to a city-written FAQ: “…as segregation in greater Boston was challenged and integration became a real prospect across the region, Arlington’s attitude toward development shifted. Concerted opposition to development projects began in the 1960s and became more organized in the early 1970s. Activists used both explicit and coded anti-integration language to rally opposition to apartment development and the related effort to downzone portions of the town.”

Unlike earlier efforts in the Pacific Northwest, other than coded references to “ghettos,” our downzoning efforts are largely absent of on the surface racial animus. I’m not saying that these neighborhood activists weren’t trying to keep their neighborhoods white. In fact, I think you can draw a pretty clear conclusion to what many of them were up to. I’m just saying there isn’t anything clear in the historical record.

What I am saying is that you don’t have to look very far to see downzoning in the Pacific Northwest tied directly to the broader civil rights struggle. When you pull back out from these small-scale, downzoning efforts to a nationwide view, you see single family zoning being discussed in a much different way. When Pacific Northwest communities were downzoning, the NAACP was struggling to find inroads in the courtrooms to fight against exclusionary single family zoning.

HUD Secretary George Romney (and former Michigan governor) went to Warren, Michigan in 1970 to attempt to force the Detroit suburb to strike single family zoning and allow smaller, more affordable (and therefore affordable to racial minorities). His effort failed, his political career ended, and the civil rights organizations retrenched and fought unheralded courtroom battles over single family zoning in the Midwest, the South and the East Coast.

According to the NAACP, in the early 70s: the suburbs are “the new civil rights battleground” and we should do battle out in the townships and villages to lower zoning barriers and thereby create opportunities for Negroes seeking housing closer to today’s jobs at prices they can afford and pay.”

National Committee Against Discrimination in Housing (also in the early 1970s): segregation won’t stop until “local governments have been deprived of the power… to manipulate zoning and other controls to screen out families on the basis of income and, implicitly, of race.”

What we can say for sure, that our decreasing densities through downzones had very real impacts on the racial makeup of our neighborhoods.

In Seattle, the end result of five decades of downzoning is white-majority neighborhoods expanding across the city. One collection of blocks in the Leschi neighborhood went from over 90 percent black in the 1970s to 11 percent black today. The black population of King County was pushed south and out of Seattle as the white residents in downzoned neighborhoods looked for housing further and further south.

In Olympia (that never had a substantial racially diverse neighborhood like Seattle) neighborhoods that downzoned saw a smaller increase in racial diversity over the last 10 years. Not only did these neighborhoods stay whiter, in the middle of a historic housing crisis, these neighborhoods actually had fewer people living in them in 2020 than they did in 2010.

There are few open racists left. That is obviously an advancement in my lifetime.

You don’t have to be racist to benefit from racist outcomes and a racist system. There is a huge layer of people who will tell you they are not racist but participate in racist systems before you get to people working to dismantle racist systems.

We know the current landscape of dominant, exclusionary single family zoning in our region happened at the same time the last tools to legally and openly discriminate in housing were taken away. We also know the nation’s leading civil rights organization has actively worked against exclusionary single family zoning.

Our history is not at all unique, but we should keep in mind as the legislature takes another attempt at creating a minimum zoning standard for Washington State. Local control is the tool that low density neighborhoods used for five decades to sustain racially discriminatory impacts of city-scale zoning.

We have to face Slade Gorton’s legacy, not bury it

The evil that Slade Gorton did lives after him.

In the weeks following his death, I think it is a good time to relitigate the legacy of Slade Gorton. It isn’t only about damning the man himself and whether he has a “racist bone in his body.” It is also about how we as a region understand our own fairly recent history. It is also about how we will continue to understand racism in the Pacific Northwest. If we can let Slade Gorton off the hook, we can continue to let ourselves off the hook.
The Boldt Decision is the big case that everyone points to when we talk about Slade Gorton, Indian Fighter. I spent nearly 20 years working at the Northwest Indian Fisheries Commission blinking at the public retelling of Slade’s time as Attorney General. I didn’t get into it then, but I was also part of a team on which picking a fight with an elder statesmen was a particularly bad strategic move. 
There also was not a lot of love in that world, if any at all, for Gorton. He was pretty hated and I don’t think I need to explain that.
1. Not Boldt, but around Boldt.
I am not going to relitigate Boldt, that is for much smarter people than me. And in the end, Gorton lost that case. His office and the institution of the state itself (different independent offices) spent years fighting federal court orders. But again, in the end, he and his fellow travelers lost. After the Supreme Court finally weighed in in 1979, the state and the tribes set up a system of co-management that stood Gorton’s understanding of tribal sovereignty on its head. 

Let’s backtrack a little though. Let’s talk about the time between the Boldt Decision and the decision in Washington State Commercial Passenger Fishing Vessel Association. This second case is where the Supreme Court finally put its stamp of approval on the Boldt Decision. But why isn’t it called “U.S. v. Washington” (which is the official name of the case in which Judge Boldt decided)?

Because when the two agencies that managed fisheries in Washington wrote rules to implement Boldt, they were sued by fishing organizations (like the Passenger Fishing Vessel Association). They argued that allowing tribes to catch 50 percent of the salmon violated the equal protection clause in the state constitution. 
I don’t want to get into the legal arguments here. I’m going to give you a huge spoiler: The Supremacy Clause. It’s a thing.
But, while Passenger Vessel was winding its way first through Thurston County Superior Court, up to the state Supreme Court and eventually on the U.S. Supreme Court’s docket, a lot of shit was going on.
I think the 9th Circuit’s decision in Passenger Vessel (as quoted by the Supreme Court) says it best:

The state’s extraordinary machinations in resisting the [1974] decree have forced the district court to take over a large share of the management of the state’s fishery in order to enforce its decrees. Except for some desegregation cases …, the district court has faced the most concerted official and private efforts to frustrate a decree of a federal court witnessed in this century. The challenged orders in this appeal must be reviewed by this court in the context of events forced by litigants who offered the court no reasonable choice.”

“Except for some desegregation cases…”

That should ring in your ears. 

That was in 1979. For decades, federal courts had been hearing segregation cases and forcing local school boards and states to impliment Brown vs. Board of Education. In one line, the federal courts compared Slade Gorton to segregationist John Ben Sheppard. 

In the South, this local and state defience meant that President Eisenhower would send the 101st Airborn into Arkansas to open the schoolhouse doors. In Washington, we would need to have the U.S. Coast Guard and the Federal Marshals acting as game wardens.

It wasn’t the arguing of the orignal case that dooms Gorton. Granted treaty fishing rights was probably new territory back then and deserved an honest fight in court. But the disengenous route to Supreme Court, plus the stoking of violence and disent is what tells you what kind of Attorney General he was.

In the mid-1970s as federal marshals and the Coast Guard attempted to implement court decrees, non-tribal fisherman rammed their boats and physically blockaded their work. Tear gas was fired at non-treaty fishing boats. At one point a gillnetter was shot when he tried to ram an enforcment boat.

At the end of the day, these fishing groups had an ally in the state’s top attorney, who took their arguments about federal supremacy and treaty rights to the Supreme Court and lost.

2. Oliphant, the nut of Gorton’s arguments and the downstream impacts

Outside of Boldt, there has not been a lot of (if really any) discussion of Gorton’s record regarding treaty rights and tribal sovereignty. I’ve seen brief references that Gorton argued in front of the Supreme Court fourteen times (fourteen times!), but little discussion of what he actually did with his time.

Fun fact, of the fourteen cases that Gorton argued in front of the Supreme Court, five were cases against tribes. One of those cases was Oliphant vs. Suquamish Indian Tribe. This case has become a classic in Indian law because of how it limited tribes’ ability to enforce criminal law on their reservations. The basic crux of the case is that Oliphant was arrested by Suquamish cops. He appealed, not because he was innocent of whatever he did, but because he claimed the tribe could not enforce criminal codes against non-tribal members. 

And of course, in the same way Gorton inserted the state Attorney General of Washington State into Passenger Vessel on behalf of non-tribal fisherman, he interserted the office into this case. His office was not a party to the case, but he had a chance to limit tribal sovereignty, so he took it.

And, while this argument is present in other Gorton tribal arguments, I want to point it out here. In Oliphant, Gorton argued:

The Sovereignty of the United States over the area which is now the State of Washington under the concepts of sovereignty which have always been accepted in western country, in western civilization in the United States came from explorations beginning with those of Robert Gray and from a series of treaties, the Louisiana Purchase Treaties with Spain and Great Britain culminating in the treaty with Great Britain of 1846 under which we settled the northwest frontier of the United States.

At that point, the United States’ claim to the sovereignty over the Washington area was total, absolute and complete.

This is the smoking gun.

In Gortons’ legal mind, the tribes in fact do not exist. Tribal sovereignty as a thing itself does not exist. His arguments in front of the Supreme Court were a forearm crashing of all the place settings off the table. All of this we are arguing about is totally pointless because, at the end of the day, it was the sovereignty of the United States that is “total, absolute and complete.” He thought he was arguing with non-entities.

Even though Gorton won in Oliphant, tribes continued to exist as governments. They continued to have the ability to prosecute their own members, and despite efforts in his legislative career, grew in capacity. But Oliphant hung around the neck of the tribal legal system and had real-world impacts on tribal members.

In 2011, the Bureau of Justice Statistics reported: 

  • 55 percent of American Indian and Alaska Native women experienced physical violence from an intimate partner in their lifetime.
  • 90 percent of American Indian and Alaska Native female victims of intimate partner violence report an inter-racial perpatorator.
And these cases were not being prosecuted on the federal level, the default jurisdiction for non-tribal members in Indian Country.

We’ve recently begun pulling back on the strings of Oliphant. In 2013, Congress passed an update of the Violence Against Women Act which specifically gave tribal courts jurisdiction over non-tribal defendants in domestic violence cases. 

When we talk about Gorton’s legacy, the unbearably high rate of Native women that are beaten and raped by their partners is as worthy of discussion as to when he “saved baseball.”

3. Not a racist bone in his body

At the end of the day, I don’t care if it really was true whether Gorton held racist anger in his heart. The question is whether he supported racists in his actions as Attorney General and (more importantly for us today) whether he put together an institutionally racist system.

The former is obviously true in the role he took as Attorney General during the lead up to Passenger Vessel. He had the opportunity for years, but especially during the at-sea riots in 1976, to pull the state back and negotiate a settlement. He had a choice to insert himself and the state of Washington into a Supremacy Clause fight alongside non-tribal fishermen and he decided to fight a losing battle. We waited for years until we began to set up the co-management system.

The former is even more true with his arguments in Oliphant and the impacts it had for decades. Gorton argued as an instrument of the state that tribal sovereignty doesn’t exist. 

He had a choice to insert himself and the state of Washinton into a case whether someone like me can punch a tribal police officer in the face, and he won that case. The downstream impacts of that case meant that thousands of sexual violence victims that are also tribal members never received justice. 

That is a racist system that Slade Gorton built.

Is the Independent era in Thurston County (and Washington) over?

Buried deep inside the results of the recent Crosscut/Elway poll was a surprising result, something that hasn’t happened in over four years, and not with any consistency since the Bush administration.

For the first time since January 2014, more respondents in a state wide poll said that they were Democrats and not Independents. In the last 12 of 15 polls taken since the beginning of 2008 that I’ve been able to track down, self identified Independents have been the plurality in Washington State.

Here is the data I’m working with.

The results in the Crosscut/Elway poll are not unexpected. Since 2015, the strength of Independent identification has been slackening. This narrow plurality of Democrats (37 percent to 35 percent Independents) falls into an ongoing trend.

On the surface, it seems like the strong hand of national politics is having a lot of influence in Washington State. While we saw a “normal” order of political identification in Washington during the Bush years, Independents started cropping up after President Obama was elected. And then, given the choice of another unpopular Republican president, Washington voters have begun to flock back to the Democratic label. It seems like the Democratic label in Washington is strongest when in resistance against an unpopular Republican administration. But, that support relaxes when a Democrat is in office.


I was able to track down some partisan identification data from the late 1990s, and it seems like you can see this trend is now repeating itself between the Clinton and Bush years. In 1996, 35 percent said they were Independents in Washington, but after Bush was elected Democrats were the plurality consistently through 2008.

So, bringing it home to Thurston County, what does this mean for our all Independent county commission? At the very least, not anything good. We’ve already seen that in the primary election, Independent Bud Blake has a much harder task to gather votes this time around. It seems clear to me that in our local elections, using the Independent label has allowed candidates like Blake (and Gary Edwards and John Hutchings two years ago) to obscure where they sit on the ideological spectrum.

How else can you explain Edwards, who literally does not believe in land use regulation, winning alongside Hillary Franz, a Democratic candidate for lands commissioner. There is literally no policy overlap between the two candidates, yet enough people made a contradictory choice of both Franz and Edwards to push him over the top.

It will be interesting to see with the power of the Independent label waning, what will happen with Bud Blake.

Shelton is the hotbed of Sanders to Trump voters in Washington State

A few days ago Brian Schaffner broke down some pretty deep data from the Cooperative Congressional Election Study to figure out that 12 percent of Sen. Bernie Sanders primary voters ended up voting for Donald Trump last November.

Most of the attention on this data so far has focussed on three rustbelt states where the Sanders voter splitting would have put Hillary Clinton over the top.

But the data set also attached locations to each voter it tracked, so it was possible to draw a map of where these Sanders-to-Trump folks lived.

And, guess what, Shelton I’m looking at you.

Overall, there were very few Sanders to Trump voters. Only 2.3 percent of voters in Washington that said they voted in a primary or precinct caucus for Bernie Sanders said they voted for Trump. That’s obviously way less than the national average.

But you can read a few lessons from the map. Because of the low number of Sanders/Trump voters, most zip codes only had one survey respondent. Except for Shelton, which had three.

I was surprised that Grays Harbor and Pacific counties didn’t report back any Sanders/Trump voters. One of storylines from last year was that those counties especially were attracted to Trump because of how his rhetoric lined up with their traditionally Democratic roots.

I also noticed a pattern in the Puget Sound zipcodes that recorded a Sanders/Trump voter. Only two of them were urban zip codes, despite having most of the population. The majority of them were in rural areas near the urban core. I wonder if there’s something to read into that.

If only the KKK had been worse at lobbying, Honeyford wouldn’t have to worry about unmasking anarchists

So, it’s possible that running around with a mask on and smash things is impolite and already illegal. But making it illegal additionally to do it while masked is probably a bad idea.

It isn’t even a new idea though.

Rep. O.R. McKinney of Pierce County made a valiant effort in 1923 to rip the mask off the Klu Klux Klan in Washington. His bill would have made wearing a mask during a public protest illegal. In the 1920s the Klan was leaking across the border from Oregon and at the time of McKinney’s bill, was just about to hit their zenith.

But, in March of 1923 they were strong enough to stand in the way of an unmasking bill.

The Klan was so powerful apparently, that it is almost painful to watch McKinney contort himself not cast shade on them:

I did not introduce the bill as a religious fanatic or because I wish to do away with an klan or any other organization. We have an organization in this state called the Klu Klux Klan. I am not opposed to it, but it is important to have the state regulate such organizations. 

It is a dangerous thing to allow masked men to parade over the country. If we were sure that no one but members of the Klu Klux Klan wore masks we could put our fingers on the men who committed depredations, but the failure to pass this bill opens the way for depredations by masked persons who are not members of the Klu Klux Klan.

When McKinney’s bill was first introduced in January, the chair of the house judiciary committee was greeted on his homecoming to a “sheaf” of telegrams from Klan members opposing the bill. “Throughout the entire country we are being persecuted,” said at least one.

Honeyford’s bill isn’t going to pass just like McKinney’s wasn’t going to pass. But, that is where the comparisons end for something like this. Both groups use masks. But, the Klan was an evil group founded by the powerful to keep people and religions they considered impure out of the American mainstream.

No one is backing up anarchists or trying to bend over backwards saying they aren’t opposed to anarchists while trying to pass an anti-mask bill. The power dynamics behind punching up to attack the clan in the 1920s and punching down to the attack the anarchists almost 100 years later is totally different. 


The anti-mask bill won’t pass this year because it is a low priority policy for a legislature that needs to deal with real school funding, culvert repair and budget issues. It is a cheap trick. In the 1920s the bill was introduced in the early part of the session and had a real run out before the Klan killed it.

Anarchists won’t kill this bill, they can’t hardly engage in the legislative process. Good government and higher priorities will kill this year’s unmasking bill.

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