Seattle Mayor at Odds With Police Union Over New Directive on Drug Use Crimes
What to Know
- The police union claims city officials made a political mistake by reducing arrests for open drug use, sparking public criticism.
- City attorney Erika Evans emphasizes a shift towards diversion and treatment over traditional prosecution for drug possession cases.
- Police Chief Shon Barnes assures that police operations remain largely unchanged despite new directives, supporting efforts to reduce recidivism.
SEATTLE -- With little time to settle into their offices, Seattle's new mayor and city attorney are already locking horns with the police officers' union over a directive intended to divert some misdemeanor drug cases from being criminally charged.
Mike Solan, president of the Seattle Police Officers Guild, went on the attack on Sunday, releasing a statement claiming city officials made the ignorant political decision to not arrest offenders for open drug use" in Seattle, prompting a storm of criticism from right-wing media.
On Monday, Seattle Police Chief Shon Barnes said the claim that officers will no longer arrest people for drug use or possession are "absolutely not true."
Rather, those arrests may not lead directly to criminal charges.
The Seattle city attorney's office under Erika Evans, who was sworn in on Monday, sent a memorandum Jan. 1 to her criminal division that prosecutors, upon receiving a possession or public use case from police, should immediately refer the case to the Law Enforcement Assisted Diversion program. The directive does not apply to people accused of distributing drugs.
On the campaign trail, Evans and Mayor Katie Wilson promised a more progressive outlook on public safety than the previous administration. But the early confrontation is a sign that the police guild could become a persistent thorn to that vision: Solan's statement said that the LEAD program supports "suicidal empathy" and that officers don't want to refer cases because it is a "waste of time."
In a New Year's Eve podcast episode, Solan said he would not be running again to lead the guild after six years in the position. His term expires next month.
Under the city attorney's memo, if the person referred has "failed to demonstrate a sustained level" of engagement with LEAD, then prosecutors will "assess the most suitable subsequent action." Traditional prosecution remains an option.
In an email sent to officers on New Year's Day, Barnes wrote the Police Department's operations are largely unaffected by the memorandum despite the "shifting political landscape our city has grown accustomed to."
"Our mission remains unchanged, and we fully support programs and policies aimed at reducing recidivism and breaking the cycle of repeated criminal justice involvement," Barnes' email stated.
Barnes wrote that officers will continue to arrest people for drug use or possession if probable cause exists or if activity occurs in public view, for instance. If an arresting officer identifies "circumstances that could make diversion ineffective," the officer and prosecutor can coordinate on other options, including prosecution, the Police Department said in a statement.
Wilson declined to answer questions about the memorandum on Monday at Evans' swearing-in ceremony. An emailed statement from her office indicated she didn't have a role in the directive: "You’ll know when I announce a policy change, because I'll announce a policy change."
In explaining her guidance, Evans pointed to the ordinance Seattle passed in 2023 after the Washington Supreme Court struck down the state's law criminalizing drug possession in State v. Blake. The ordinance states: "whenever possible, The City of Seattle should seek to divert individuals into case management and substance use disorder treatment services."
"If we go to 12th and Jackson right now (or) areas of Belltown, there's people that are out right now in our streets and people are suffering," Evans said. "What's been currently happening is not working. … Jail is not a treatment facility."
Purpose. Dignity. Action., a project management agency for LEAD, said in a statement it consulted on the framing of the city attorney's guidance and plans to communicate with police and prosecutors in situations that are not suitable for pre-booking diversion.
PDA also said their 2026 budget included "significant stabilization funding for LEAD." It will "still take a few months to staff up, according to the statement, but the agency anticipates being able to take on 500-600 new referrals this year.
At the end of the third quarter of 2025, LEAD had about 990 enrolled clients.
The city began prosecuting drug use and possession again in 2023. According to data from the city attorney's office, most of those cases up until 2025 were declined or referred to LEAD.
In the first half of 2025, during Ann Davison's last year as city attorney, there was a significant uptick in prosecutions: nearly 60% of cases referred by Seattle police led to charges.
During her campaign, Evans also promised to not charge violations of the Stay Out of Drug Areas and Stay Out of Areas of Prostitution ordinances, which let judges ban people accused or convicted of certain lower-level crimes from certain blocks. Since the ordinances took effect last year, of the approximately 140 total court orders, prosecutors have only filed charges in 11 SODA cases and have not sought violations in any SOAP cases.
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