Carr Trouble

When City Attorney Tom Carr ran for office in 2001, he pontificated about the proper role of the city attorney: Carr's job would be to defend and implement the law, not advocate for new legislation. Carr's line was a pointed dig at then City Attorney Mark Sidran, who had become a de facto 10th city council member during the '90s by drafting, advocating for, and passing a slew of city rules that targeted poor people, such as the parks exclusion ordinance. The problem with Sidran, as Carr explained it, was that he crossed the line from being a litigator to being an advocate. The city attorney, Carr explained, is supposed to provide legal advice to the legislative branch of city government, the nine city council members. When the city attorney starts blurring that role by becoming an advocate, as Sidran did, he loses the credibility that he needs to do the job.

So, three cheers for the mystery Capitol Hill graffiti guerrilla who's been calling bullshit on Carr's credibility lately. "Impound Tom Carr," a blue- and red- and pink-chalked agitprop mural declares. The graffiti, covering an entire sidewalk corner at Broadway and Harrison Street, is a reference to a Sidran-era law, Seattle's car impound ordinance, which the city council passed 8-1 in 1998. Carr is currently pushing legislation to keep the law despite the fact that a majority of council members, led by veteran council member Nick Licata, seem ready to repeal it. The impound law allows police to tow away cars on the spot if they discover that the driver has had his or her license suspended. (Licenses are suspended for various reasons: a long history of dangerous driving; instances of serious infractions like drunk driving; or failing to pay tickets for minor traffic infractions.)

Licata and his passionate aide Lisa Herbold are fierce opponents of impounding cars for people in the third category--failing to pay tickets. Licata argues that bouncing people's cars for unpaid tickets has a disproportionate impact on poor and minority drivers. Stats show that nearly 90 percent of the cars that get towed are done so because drivers had their licenses suspended for failing to pay tickets or appear in court, not for dangerous driving.

Licata tried to repeal the impound ordinance in 2000 but lost 5-4. This time the votes are lining up on his side. Carr should follow the legislative lead of the council, and follow his own former theories about the role of city attorney.

josh@thestranger.com