In an escalation of tensions between two local governments over how to handle misdemeanor crime, a representative for King County Executive Dow Constantine is pushing back on the claim that booking restrictions in the downtown jail are heightening public safety issues in Seattle, pointing the finger instead at City Attorney Ann Davison’s office.

Davison, as well as Seattle City Council President Sara Nelson and interim police Chief Sue Rahr, have argued the county’s restrictions, in place since 2020, mean they’re limited in their ability to combat public disorder and repeat shoplifters.

In a message to Metropolitan King County Council members sent Wednesday, Penny Lipsou, director of council relations for county Executive Dow Constantine, said Davison’s claims are misguided. Lipsou said the jail makes exceptions to booking restrictions when there is a compelling reason. Davison’s office has been ineffective at making those arguments in court, she said.

“Rather than attacking the jail (and in past months, the judges), she should first get her own shop in order,” Lipsou wrote in her message Wednesday.

The message goes on to invite Seattle to cancel its contract with the county for jail space.

“The County is more than willing to immediately release the City from any further obligations under the 2012 contract. This would ameliorate [the Department of Adult and Juvenile Detention]’s staffing challenges, and allow the County to focus on the more serious (felony) suspects and offenders, who are the County’s responsibility under state law,” Lipsou wrote.

King County has been restricting bookings in its downtown jail since the beginning of the pandemic, first for public health reasons, then due to staffing shortages. While violent offenses and DUIs are still eligible for booking, property destruction, trespassing, shoplifting and others are not. Seattle, which pays the county about $20 million a year for roughly 200 beds in the downtown jail, has only been able to access between 70 and 80 since 2020.

In response, Mayor Bruce Harrell recently announced a plan to jail people in a Des Moines jail, owned and operated by South King County cities, known as the South Correctional Entity, or SCORE. The proposal, which would put Seattle into new territory after exclusively using county-run jails, comes as Davison and members of the Seattle City Council have increased pressure on Harrell to find new jail beds.

In a City Council meeting Wednesday, Davison told officials her office couldn’t book more than half the misdemeanors listed in the city’s code.

“If somebody smashes a plate-glass window at one of our storefronts, I can’t get them booked into King County Jail,” Davison said.

Nelson, meanwhile, has repeatedly said the city should demand its money back from the county until it’s afforded all 200 beds.

Lipsou said the restrictions are not policy driven, but a response to low staffing levels which do not allow the county to operate its jails at full capacity. Hiring has picked up, but is still well below the number of staffers needed.

Seattle can request exemptions from the restrictions — which it has done several times, according to Lipsou’s email, including as recently as last week to allow Seattle police officers to book more people from downtown and its surrounding neighborhoods. News website PubliCola earlier reported on the exemption request.

“[The Department of Adult and Juvenile Detention] has made it clear to Seattle and other partner agencies that it will grant exceptions to booking restrictions based on special emphasis patrols, special events, and place-based enforcement, up to and including a recently requested exception for all of downtown Seattle,” Lipsou wrote.

As for the money, Lipsou said the county is already subsidizing misdemeanor bookings and the city is not paying the full cost, even with the limitations in place.

“There is no money to return, despite the city council president’s assertion,” wrote Lipsou.

Amy Enbysk, press secretary for Constantine, confirmed the authenticity of the email, which was intended to be internal.

“The Executive is extremely frustrated that these issues are being discussed at a City Council meeting without an opportunity for the County to be present, as it provides a one-sided perspective of a complex challenge,” she said.

A spokesperson for Mayor Bruce Harrell said the city remains in conversation with the county about its booking restrictions. A spokesperson for Davison declined to comment.