Bellingham seeks crackdown on drug use in public. Here’s what’s proposed

A measure before the Bellingham City Council would ban illegal drug use in public, the same way that alcohol and marijuana use are restricted.

If the measure passes, use of a controlled substance in public would be a misdemeanor subject to arrest, according a statement released by the city on Wednesday, March 8.

Mayor Seth Fleetwood is proposing the new ordinance in the wake of the 2021 Supreme Court decision in State v. Blake that limits the power of police to arrest people for drug use.

“Everyone who works, lives and enjoys our downtown deserves clean, welcoming experiences,” Fleetwood said in the statement on the city’s website.

“We also want to connect people who have substance abuse, behavioral health and other needs with services and treatments to help them. We are working to achieve these goals and continue to realize our vision for a safe, healthy downtown,” he said.

Discussion of Fleetwood’s proposal is set for a Committee of the Whole session scheduled for 2:50 p.m. Monday, March 13.

A vote is set for the City Council meeting at 7 p.m. Monday.

If it is approved, the ordinance could become effective in April.

Washington state legislators have been trying to craft new state law on the issue, but a recent fix expires in July unless there’s new action.

Meanwhile, crime, drug use, homelessness and a shortage of police have prompted city officials to look for solutions on their own, such as:

▪ Using private security in the downtown core at night.

▪ Starting a Downtown Ambassador program.

▪ Focusing on graffiti, trash and abandoned cars and RVs.

“Recent changes in state law have resulted in an increase in the use of controlled substances in public places and an increase in negative impacts, and in some cases, criminal behavior,” according to the text of the proposed ordinance.

Meanwhile, booking limits remain in place at the Whatcom County Jail because of COVID-19 and space constraints.

To address that issue, Fleetwood and Bellingham Municipal Court Judge Debra Lev will be working to get quick court hearings and treatment for drug offenders.

“As a first step, Bellingham Police will transport those arrested directly to Bellingham Municipal Court as Judge Lev will extend court sessions to immediately hear those cases,” according to the city’s statement.

Lev and Fleetwood plan to create a “community court” within Municipal Court, to address behavioral health and addiction.

“Community courts generally take an individual and trauma-informed approach rather than the traditional punitive approach typically seen in the criminal justice system,” Lev said.