ACLU pitch would set precedent for sleeping on public property

A proposal made by local homeless and legal advocates could allow people to legally camp not only in Seattle parks, but on its streets. And it’s something that could become a reality if it catches on with city officials.

The American Civil Liberties Union (ACLU) and other advocates recently submitted a call to action, arguing that the city’s policies for homeless issues and clearing out encampments are harmful and make things worse. They proposed their own ordinance, which “strikes a balance between the rights and needs of people sleeping outdoors and legitimate public health and safety concerns.” They also argue it “will lead to more effective and efficient use of public resources.”

Related: Toddler found eating off ground at Seattle homeless encampment

But if such an ordinance was approved, it could set a precedent that would make sleeping in public places even easier, former Attorney General Rob McKenna told Seattle’s Morning News. Such an idea could change the fundamental nature of public property in the city, and quite possibly the expectations people who live near those properties have.

“It does,” McKenna said. “We’re not just talking about parks or freeway underpasses. Imagine if someone drives up in an RV and parks it in front of your house on the street and takes up residence there.

“Under the proposed rule, the police … could not evict the RV owner from living in front of your house without following all of these procedures, including providing alternative housing.”

People living in RVs is not out of the ordinary for some in Seattle. After pushback from residents, the city setup lots to provide a safe, regulated place for people living in RVs to stay. Though the lots later received criticism from the city council over the costs, it showed officials were willing to make an effort to help curb the issue of people living in RVs.

But McKenna says if the city approved an ordinance like the one the ACLU and other advocates have proposed, it could reverse previous efforts. Though there is an argument that people have a right to shelter, McKenna says there is no constitutional argument that people have the right to live on public land.

“There’s no fundamental right to housing like there is to free speech,” he said.

Cleaning up the encampments

Seattle Mayor Ed Murray announced plans to clean up unsanctioned encampments. On Wednesday, his office released a list of participants for an encampment task force and plans to hold meetings prior to making recommendations and submitting legislation at the end of September.

“Like many communities on the West Coast, Seattle is facing a homelessness crisis that we are working to address with compassion and by focusing on getting as many people into housing as possible,” Mayor Murray said. “As a city, that means both doing everything we can for those who are living on our streets and ensuring we are addressing any emerging public health and safety issues. I look forward to recommendations from the task force on how we can make this process work better for all involved.”

There are alternatives to all of this, McKenna says. For one, the city could try to provide more housing, like in Salt Lake City. Alternatively, the city could ask the state for a license or permit to host a regulated encampment on a large plot of land like the “Jungle,” an encampment that had as many as 400 people living in it. The problem, McKenna says, is that at least some homeless people don’t want to live in a controlled area and prefer living by their own rules. At a minimum, McKenna says the city should close the jungle and offer housing to all homeless people; if they refuse, require them to move to a tent city.

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