CHOKEPOINTS

WA State Patrol powerless to clear rest areas of illegal camping

Jun 16, 2022, 6:35 AM

rest...

A rest stop off of I-5 (Flickr Creative Commons)

(Flickr Creative Commons)

The state’s rest areas have become the latest battlefront over homeless encampments, and a recent State Supreme Court ruling has left the police no way to enforce the illegal camping laws.

The law governing rest areas is clear. You can stay at a rest area for up to eight hours. If your vehicle is broken down, you can stay up to 48 hours. Commercial rigs can stay up to 11 hours to meet federal rest guidelines.

Then why are some of Washington’s rest areas full of broken-down cars, derelict R-Vs, and appear more like campsites than rest areas?

I hit the Smokey Point rest areas a few weeks ago. It was full of people who were clearly breaking the law. There was garbage everywhere. Those rest areas have been closed this week for a deep cleaning.

Why aren’t State Troopers impounding those vehicles? It’s a question I get all the time from listeners. The State Patrol’s Chris Loftis explains why his troopers can’t enforce the law.  “Vehicles that have individuals who are living in those vehicles are actually considered homesteads, and it just challenges our ability to ticket, … impound, and … tow,” he said.

A 2021 State Supreme Court ruling (Seattle vs. Long) changed the game. You might remember Steven Long, a Seattle handyman living in his RV. The city towed it and levied fines he couldn’t pay. The court ruled impounding his primary residence was a violation of his rights.

Loftis said that has left his troopers unable to enforce the law, and people populating the rest area know it.  “Some people are aware of that, so at 48 hours they just move to another spot … if they’re on the northbound they go to the southbound, and they change,” Loftis said.  “In some ways, you have encampment disguised as parking.”

But Loftis said the State Patrol hasn’t just thrown up its hands.  “We check those rest stops every day,” he said.  “Those folks are contacted every day.  They’re asked to move along every day.  Their welfare is checked on by patrol staff every single day.”

Loftis said the State Patrol is sympathetic to the over-arching homeless issue. Troopers have to balance public safety with treating those camping with the dignity they deserve.  “Moving people out of those situations is the greater human dignity, and that’s what we are working towards so that we can help those people transition to a place that is safer for them and is more dignified as a human being,” he said.

And being heavy-handed on enforcement isn’t the answer.  “We are never going to fine, ticket or tow our troubles away,” Loftis said.

So where does that leave the public?

Listeners have reached out to me saying they don’t feel safe at rest areas now. Loftis said you should call 9-1-1 if you see something illegal or dangerous, and troopers will make arrests if necessary. “If they see anything that is unsafe or some sort of illegal activity that is going to be hurtful or harmful to those around them, they are are going to respond like they would anytime,” he said.

And until this all gets ironed out, Loftis says the State Patrol will just keep doing its best:

“We’re doing the best we can to keep everybody safe including those that are in the RVs including those that are just passing through and including our people, but until we can work out these legal situations our enforcement capacity is just simply challenged,” he said.

Check out more of Chris’ Chokepoints.

Please follow our Community Guidelines

Chokepoints

seattle traffic...

Nate Connors

Major sports events, full closure on I-405 will make for very busy Seattle commute all weekend

This weekend around the Seattle area might go down as one of the busiest of the summer for the Washington State Department of Transportation.

20 hours ago

traffic highway closures...

Paola Tristan Arruda, KIRO 7 News

TRAFFIC: Major highway closures across Puget Sound this weekend

Drivers across the Puget Sound should prepare for one of the busiest travel weekends of the summer.

1 day ago

i-5 south tacoma crash...

KIRO 7 News Staff

I-5 northbound fully blocked in South Tacoma after crash involving up to 10 cars

The northbound lanes of Interstate 5 were fully blocked in South Tacoma early Friday morning after a multi-car crash involving a semi-truck.

1 day ago

Hood Canal Bridge (1)...

MyNorthwest Staff

Stalled semitruck cleared after blocking Hood Canal Bridge for more than an hour

A stalled semitruck was blocking the entrance to the Hood Canal Bridge.

2 days ago

A photo of the overturned dump truck. (Photo courtesy of the Washington State Patrol)...

KIRO 7 News Staff

Truck overturns, spilling dirt and blocking ramp from I-5 to State Route 167

The ramp from northbound Interstate 5 to State Route 167 in Pierce County is fully blocked because of an overturned dump truck.

2 days ago

washington ferry ferguson...

MyNorthwest Staff

Washington breaks ground on first new ferry in 11 years, three hybrid-electric vessels ordered

Governor Bob Ferguson announced construction is underway on the state's first new ferry in 11 years, stating a third hybrid-electric vessel has now been added to the order.

3 days ago

WA State Patrol powerless to clear rest areas of illegal camping