New city ordinance allows judges to ban offenders from Yakima's drug crime hot spots | News

YAKIMA, Wash. – The Yakima City Council has passed a new ordinance that allows judges to ban defendants accused of or convicted of drug offenses from entering the city's drug crime hot spots.

The ordinance calls for two Stay Out of Drug Areas (SODAs) – one on Naches Avenue downtown and another around the railroad tracks and North First Street.

Under current law, judges can prohibit defendants from entering certain locations while on pretrial or post-conviction release. Violating these orders is considered a violation of the terms of release or probation.

However, under the new regulation, such violations would be declared a separate crime and classified as a serious misdemeanor punishable by up to 364 days in prison and a $5,000 fine.

“With the new ordinances, if the officer sees that person at that location, he or she could immediately arrest them for violating the ordinance,” said Cynthia Martinez, chief deputy city attorney for the city of Yakima.

But some local providers are fighting back, arguing that excluding people from these areas could also deny them access to important resources such as social housing and addiction services.

Dr. Gillian Zuckerman, an addiction medicine physician, expressed concerns about the impact on access to essential services during a public hearing at a council meeting.

“Access to Union Gospel Mission, Rod's House and shelters through Triumph Treatment Services are affected by this proposal,” Zuckerman said. “These are facilities committed to helping our most marginalized groups break out of the cycle that leads to drug use and crime.”

Apple Valley News Now has reached out to several service providers whose offices are located in the two SODAs.

Scott Thielen, interim CEO of the Yakima Union Gospel Mission, said in a statement that if the SODAs continue to push people in need further away, the mission will increase its relief efforts to ensure those people still receive help.

“If the purpose of designating these zones is to provide more options for selecting assistance while also making local businesses safer, then the outcome is good for everyone,” Thielen said.

But Rod's House officials are concerned that the ordinance could prevent people from accessing the services they need to break the cycle of substance abuse and could “inadvertently target and disproportionately impact historically marginalized communities.”

For this reason, the ordinance gives judges the opportunity to change the order based on information provided by the defendant, city officials said.

“If they receive services in these areas, [defendants] can certainly tell the judge that, and the judge can take that into account,” Martinez said. “Perhaps [the judge] might choose to modify the order, or might choose not to issue the order at all.”

In pre-trial proceedings, the order may remain in effect until the defendant's case is resolved. After conviction, the order may remain in effect for up to two years.

FULL STATEMENT OF YAKIMA UNION GOSPEL MISSION

The Yakima Union Gospel Mission issued the following statement from Interim CEO Scott Thielen:

What impact do such rules have on drug users in Yakima?

I am sure that the intention behind the Council's position is to improve accountability of services. The truth is that men and women struggling with illicit substance use are caught in a cycle that requires compassionate intervention. If designating these zones serves to provide more options for selecting help while making local businesses safer, then the outcome will be beneficial for everyone.

What impact do they have on people recovering from drug addiction?

For many drug addicts, this is not what they want. But I cannot stress enough how many people we have worked with are deeply grateful for their experiences in prison, for example, because they received help to get off these drugs and realized that they really did have a choice about their future. These substances are highly addictive and not only harm the community, but also these precious lives.

Will this stay outside drug areas affect YUGM's clients? And if so, how?

As providers, we all work with some of the same people. If the zones push people further away, their need will not end, so we will simply redirect our efforts to support the clients struggling with unsheltered homelessness.”

FULL STATEMENT OF ROD'S HOUSE

Representatives from Rod's House also issued a statement outlining their concerns about the new regulation:

“We appreciate the City of Yakima's ongoing efforts to address the serious and growing problem of substance abuse in our community. The health, safety and well-being of our young people is of paramount importance and we share their commitment to finding effective solutions.

However, we would like to express our concerns about the recently proposed Stay Out of Drug Areas (SODA) ordinance. While the ordinance is well-intentioned and aims to reduce drug-related incidents in certain areas, we believe it inadvertently targets and disproportionately impacts historically marginalized communities, particularly in low-income and BIPOC (Black, Indigenous, People of Color) neighborhoods.

The SODA regulation could inadvertently prevent people from accessing the important services they need to break the cycle of substance abuse. Many people struggling with addiction live or reside in the very areas the regulation is designed to restrict. By limiting their access to these areas, we risk isolating them from the support networks and resources essential to their recovery and rehabilitation.

Furthermore, we fear that this regulation could exacerbate existing inequalities by criminalising the presence of individuals in these designated areas without adequately addressing the root causes of substance abuse. This could lead to a vicious cycle of punishment rather than providing pathways to recovery and reintegration into society.

We urge the City Council to consider alternative approaches that emphasize harm reduction, access to treatment, and community support. Partnering with local organizations that specialize in substance abuse treatment and prevention could provide more sustainable solutions. We believe that by working together, we can create a safer and healthier Yakima for all residents without disproportionately burdening those who are already at risk.”

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