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Dry Drunks
Pioneer Square Gets Sort of Sober. Will anyone notice?
by Jeanne Ryan and Adam Holdorf

According to residents and business owners in Pioneer Square, the presence of homeless alcoholics — in policy wonks’ terms, chronic public inebriates — hurts businesses and residents. The city Department of Neighborhoods wants the state Liquor Control Board to designate the neighborhood an Alcohol Impact Area and ban the sale of high-potency, low-cost alcoholic beverages.

As the Seattle City Council prepares to vote on a formal request, the question arises: What will happen when you cut off the flow of cheap booze to one neighborhood’s convenience stores? Is it a way to save the lives of the estimated 500 late-stage alcoholics? Or just another means of whisking them away?

In 1999, the Liquor Control Board created a new tool for local governments wishing to curb public drunkenness. Cities or counties could petition the state agency to designate a troubled section in their jurisdiction as an Alcohol Impact Area (AIA) — a place, in the state’s terms, "adversely affected by chronic public inebriation or illegal activity associated with alcohol sales or consumption." The Liquor Control Board must find that the local government’s claims are valid; if it does, certain types of alcohol will be banned.

In Pioneer Square, convenience stores would no longer be able to sell low-cost, high-potency beers like Mickey’s, Old English, and 211 Steel Reserve, or strong, sweet wines like Thunderbird. That ban would have the force of law behind it: If convenience stores continue to sell, they could be fined or lose their licenses. Before that’s possible, says the Liquor Control Board, local communities must try to persuade stores to voluntarily discontinue such sales.

These campaigns haven’t worked, because of small merchants’ addiction to the money they make from sales of rotgut booze. And when the state Liquor Control Board recognized this and stepped in to establish an Alcohol Impact Area in Tacoma, the industry followed the letter, not the spirit, of the law; it repackaged its banned products. The city’s neighborhood-by neighborhood strategy — help Pioneer Square first, and others next — has Capitol Hill in a tizzy, worried that homeless drunks will migrate to their neighborhood. And real help for alcoholics is also drying up: despite years of rhetorical support for treatment from government officials and neighborhood activists, the Cedar Hills Addiction Treatment Center is closing this year because of county budget cuts.

The campaigns for voluntary compliance are at varying stages of failure: in Pioneer Square, after a year and a half, a few bad apples continue to offer homeless alcoholics a way to get drunk and pass out in Occidental Park. On Capitol Hill, only nine of the 28 stores licensed to sell liquor have signed. Among those nine, not all are complying. If merchants there aren’t voluntarily taking rotgut off their shelves, why not expand the current effort at City Council, and ask the Liquor Control effort to ban cheap booze on the Hill? Or in Belltown, where campaigns for voluntary compliance have been waged, and aborted, since 1998.
Gary Johnson, who works for the city’s Department of Neighborhoods, says Pioneer Square made a fuss early and often.

"When the state finally created this AIA rule, Pioneer Square jumped on it and asked the city for help. We responded to that request," he says. Also, to assure that the state regulators would act, "we wanted to focus on an area that’s been seen as a problem for years."

But neighborhoods from lower Queen Anne to Broadway to the International District "have a case to make" for their own problems, says Johnson — and they’ll get to make it, with the mayor’s blessing, once Pioneer Square goes first.
Johnson says that Mayor Greg Nickels supports a ban for Pioneer Square; after that takes effect, the city will approach state regulators in order to restrict sales in a larger area, encompassing lower Queen Anne, Capitol Hill, Belltown, the downtown commercial core, and the International District. Pioneer Square resident Casey Jones, a proponent of the Alcohol Impact Area rule, says he will support other neighborhoods as they try to rid drinking from their streets.

As city officials have helped Pioneer Square along, Johnson says there’s been a ripple effect — in public opinion, not necessarily in public drunkenness. "Other neighborhoods started perceiving a big increase in street alcoholism," he says. Is the increase in drunkenness in other neighborhoods fact or illusion? There’s still no answer, according to the city’s report on Pioneer Square’s efforts.

If Seattle wants to learn a lesson from a failed ban, it should look south to Tacoma, where state alcohol regulators banned certain brands of beer and wine, only to have merchants find a loophole.

The Liquor Control Board approved Tacoma’s AIA on December 12, and Tacoma provided a list of proscribed beverages. Specific products were chosen because of their low price and high alcohol content. After the ban took effect, it was old wine in new bottles: retailers were found selling similar products in different sizes or containers.

"The industry exhibited great flexibility" in coming up with new alternatives, says Johnson, who has watched the process. Since then, the Liquor Control Board expanded the list, leaving retailers 30 days to deplete their stock of banned items. While shops could conceivable flout the law once again, Johnson doubts that they will. The liquor industry "has to be careful not to piss [state regulators] off too much," he says — or they’d face more draconian regulatory action.
Now, the liquor industry, the state, Tacoma city officials, and Seattle representatives are trying to define the kind of products that should be banned: cheap, potent beverages, no matter what size container they come in. No matter how you define it, some products will hover close to the danger zone. The criteria for prohibition is "a little bit up in the air," says Johnson. "You say 7.0 percent alcohol beer is banned; what if the industry makes beer that’s 6.9 percent alcohol?"

Phillip Wayt, of the Washington Beer and Wine Wholesalers Association, argues that Tacoma’s original list was not well researched. "The products must be reasonably linked to the problem. King Cobra Malt Liquor hasn’t been sold for the past five years, but it was on the list," he says. The Liquor Control Board also believes that a clear list of banned products is necessary in order for them to inspect and enforce prohibition; it would be too hard to judge every product simply on ratio.

Critics of the new rule argue that it is simply another form of prohibition and it does not get to the root of the problem, individual alcoholism. They also point the finger at the merchants who sell their products.

Wayt argues, "Banned products will not work. As an industry, we have history to look back at, and the country learned years ago that prohibition didn’t work. Chronic public inebriates will simply drink other products, or go somewhere else. These folks need treatment. There are plenty of laws and regulations for the police and Liquor Control Board to discipline those that break the current law: for example, retailers should not be allowed to sell to people who are clearly intoxicated.

At the Downtown Emergency Service Center (DESC), Bill Hobson deals with alcoholism and drug abuse every day. Skeptical of the effectiveness of an alcohol impact area, he says that he is mildly in favor of the rule. "Frankly, I think there will be another drink du jour…but it probably makes sense." With so many of his colleagues in favor of the rule, he believes there must be something to it, but he doesn’t know if it will affect homeless alcoholics.

Hobson is working on the treatment side of chemical dependency, and his familiarity with the issue has led him to take on a very practical stance. Serving people who have spent 15 to 20 years drinking outside, he knows why more treatment options are necessary. Late-stage alcoholics, many of them homeless, have tried inpatient treatment many times, only to fail. They have only a 2 percent likelihood of ever achieving abstinence from all alcohol.

Part of the solution is coming, in the form of DESC’s "wet" housing program, where management will not require tenants to abstain from alcohol, in order to try to keep alcoholics safe and indoors. The 75-unit apartment building is slated to open in December 2003 on 1811 Eastlake, on the outskirts of downtown. Hobson says that it can provide homeless alcoholics with treatment more cheaply than the current system.

But 75 units of housing won’t meet the need. And when Cedar Hills Treatment Center shuts down later this year, there will be far fewer recourses available for people who can afford to pay for their own inpatient treatment.

Cedar Hills is already losing staff and patients. The Maple Valley facility, usually provides 30-day to six-month residential treatment for 180 people; last month it housed 100. The county has laid off a nurse that cared for 60 mentally ill, addicted patients.

When County Councilmember Larry Gossett toured Cedar Hills in late June, "Patients told him that there aren’t enough places that offer safe, sober, clean housing that will accommodate all of them," recalls Cedar Hills director Jodi Riley-Kauer.

"Everyone’s been telling us, ‘it’s not an issue of where there’s anything wrong with the treatment, or with the building — it’s just that there’s no money," she says.
When Cedar Hills closes, the handful of private treatment facilities might contract with the state to provide its services. But treatment costs anywhere from $69 to $96 per person per day; the state has paid only $37. If a private company wants to make up the difference, more power to them; but the county is done sharing the bill.

More money to fulfill Cedar Hills’ mission may come around eventually, when the state implements Senate Bill 6361, passed this winter to reduce jail time for drug-related offenses and pass the savings on to fund treatment.

But Riley-Kauer says her facility can’t hold out. "By the time they implement that law, in 2004, we won’t be around," she said.
 

 

 

 

       
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