Letter to the editor: New laws restrict ‘use of force,’ not ‘showing up’

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The Aug. 4 edition of The Reflector published an article relaying Sheriff Atkins’s concerns about new laws governing policing in Washington state. I would like to respond.

I agree with Atkins that these dozen laws are a significant package of police reforms. They came from the hard work of legislators, law enforcement and activists around the state. I disagree with his statement that these laws were not passed by the people and were not written with law enforcement collaboration. We live in a democratic republic. The legislators represent the voice of the people. And law enforcement officials and their representatives spoke to legislators repeatedly at hearings at multiple committee levels.

The sheriff is concerned that in the absence of a crime, officers have a “duty to leave the scene.” This represents a fundamental misunderstanding of the new laws. Police and sheriff’s deputies are public protectors. It is their duty to show up, evaluate a situation, and, if necessary, intervene. What the new laws restrict is “use of force,” not “showing up.” The state attorney general has just issued an opinion affirming this interpretation. What the new laws require is “reasonable care.” Officers are expected to deescalate. This means take time, take distance, take cover, call for support (each as necessary), stay vigilant and use the lowest level of force necessary to cool down a situation. Sometimes, after a situation has calmed, leaving the scene is a good response.



One of the impetuses for these new laws is the high number of people killed in Washington by law enforcement. Clark County Sheriff’s Office itself has had two within the last year. The state has had over 100 since I-940 became law in December of 2018. We must do better.

I am glad Atkins espouses the goals “to protect and safeguard the community.” Keeping us all safe should be more, not less, possible with the new laws.