
Burien City Council passes emergency ordinance expanding public camping ban
(The Center Square) – The Burien City Council on Monday passed emergency Ordinance 864 with a 5-2 vote to ban camping or residing on public property at all times, "without any prerequisites to enforcement."
The new ordinance expands on a previous ordinance in place that bans homeless people from living on any public property at any time. The only exceptions were certain designated, marked areas between the hours of 7 p.m. to 6 a.m. An amendment was later added that banned people from sleeping within 500 feet of designated "critical areas," including libraries, public parks, schools, and daycares.
Per Ordinance 864, there is no requirement that beds, housing, shelter or treatment is available or offered before enforcement. Police can still offer alternatives and, if accepted, the person would avoid being arrested unless they continue to camp on public property in violation of the law.
The ordinance states that it is consistent with the recent U.S. Supreme Court decision in City of Grants Pass v. Johnson and the Washington State Supreme Court decision in Potter v. Lacey.
The City of Grants Pass v. Johnson decision determined that banning homeless encampments on public property was constitutional.
The Washington State Supreme Court decision in Potter v. Lacey determined that the city of Lacey’s laws limiting vehicle and trailer parking on public land was constitutional.
Burien was in a legal battle with the King County Sheriff's Office last year over enforcement of its public camping ban. The King County Sheriff's Office believed that Burien’s law violated federal case law and would not enforce the public camping portion of the ordinance until the constitutionality of the ordinance was resolved.
However, a federal judge dismissed the lawsuit last September, finding that the county’s lawsuit lacked subject matter jurisdiction to hear the case.
Burien City Councilmember Stephanie Mora said the new law puts the city in alliance with what the Sheriff’s Department is seeking. She mentioned a recent interview that King County Executive Dow Constantine participated in with ChangeWA.
During the interview, Constantine said that the public camping bans in neighboring cities of SeaTac and Auburns provide more clarity and Burien would have to make its laws more clear in order for the department to comply.
“To me, that’s very clear that although we don’t necessarily need their permission, this does tell me that they are in support of this,” Mora said during Monday's Burien City Council meeting.
In fact, King County Sheriff’s Office said its initial opinion on the ordinance is that it is enforceable, as it no longer contains vague language found in prior ordinances.
“That said, I am asking the men and women of the King County Sheriff’s Office to continue to lead, as they do each day, with outreach and compassion while continuing to engage with regional service providers whenever appropriate,” King County Sheriff Patti Cole-Tindall said in a statement emailed to The Center Square. “We will monitor the state court decisions and adjust our practices accordingly.
Burien Deputy Mayor Sarah Moore and City Councilmember Hugo Garcia voted in opposition of the bill. Moore said the law makes the city one that “offers a severe weather shelter on a 32 degree day and exile on a 33 degree day.”
Since the ordinance is emergency legislation, it goes into effect immediately.
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