Criminalizing Public Drug Use May Push Even More People into an Overcrowded, Inhumane Jail

In Spring 2023, students in WWU’s ENVS 499D: Readings in Environmental Justice are learning about the intersections between environmental justice and incarceration. This post reflects some of the group’s learning and discussion.

By Megan H., Anneka H., Kait S., & Brigid W

The current Whatcom County Jail, located downtown near the public library and post office, is overcrowded. Sheriff Elfo, quoted in the Cascadia Daily News article we read as a class, states that people are not being booked unless they are in for serious offenses, since there isn’t space. This issue is in direct opposition to the recent Bellingham city council decision to criminalize public drug use. Supporters of Mayor Fleetwood’s proposal to ban open drug use cite connecting drug users to social services. This ordinance is also in line with Washington State’s stance on public drug use, which is expected to make public drug use an arrestable offense. Overdose drug deaths have been on the rise in Washington state, including an increase in lethal fentanyl use in Whatcom County, Bellingham, and many social services are already stretched thin. Bellingham has only one methadone clinic, a resource that is part of opioid addiction treatment. Booking in people who are using drugs on the street may be both impossible space-wise in the Whatcom County Jail, as well as stressing an already-taxed rehabilitation industry in the city.

The outlawing of drug use in Bellingham could have major ramifications. The current law in place allows individuals two warnings before receiving a misdemeanor if caught using substances in public. The main push for this is seen by business owners in the downtown area of Bellingham where there have been steady increases in public drug use outside of businesses. Store owners have complaints that drug use is driving away customers as well as making downtown feel unsafe. The new proposed action would make public drug use an arrestable offence.  Although cracking down on public drug usage would provide store owners with the ability to take action against the issue there are also some major concerns. The push for outlawing open drug use would most likely lead to more individuals serving time in the Whatcom County jail. This jail already struggles with capacity issues and individuals may serve more time in jail rather than getting treatment. Individuals arrested under public drug use charges most likely need mental health or medical treatment which are limited services the jail system can offer.  Overall, a big concern can be seen by Bellingham residents stating that yes this is an issue but placing individuals struggling with addiction under arrest is not a long-term solution.

A class discussion of the criteria required for a humane jail included mentions of mental health care, a safe structure, privacy, and access to connection. Inmates are not seen as equal to non-inmates by many, and so the spaces incarcerated people live in are often not held to the same standards as buildings and communities outside of jails. One consideration is ensuring the jail meets the same structural and maintenance standards that a building would have to meet to be rentable. This includes being watertight, mold-free, having proper ventilation, and having structural stability. Additionally, there should be access to mental health care services and opportunities to connect with others. Both of these are essential to mental stability and feeling like a cared-for member of society. Finally, there should be more of an emphasis on privacy. This would allow inmates to have autonomy and separation from others, which is important to their feeling of self and their humanity. One nearby example of a facility Whatcom County could model a correctional facility after is the Skagit County Jail.

Currently the Whatcom Jail does not meet these criteria and does not constitute a safe, livable or humane facility. As discussed in this article, there is black mold growing in the kitchen. Incarcerated people are forced to stay in small, windowless, concrete cells without privacy. The kitchen is serving 100s of meals over its capacity. The staff are crowded together in a two-room office space. Facilities such as showers are not kept clean. The jail only has a single elevator that is not always functional, which isolates inmates from visitors and would hinder evacuation. Health services and rehabilitation programs within the jail are limited. According to one student of our class who walked outside of the jail, there is a large, concerning crack in its wall, which may compromise the structural integrity of the building. The Whatcom jail is not fit for its current population. The criminalization of open drug use would likely only force more people into an already overcrowded, unsanitary and hazardous facility.