King County Court backs Burien’s sweeping camping ban as constitutional

Burien’s camping ban, one of the strictest in the state, will not be struck down by the King County Superior Court as the ban does not violate the state constitution.

The City of Burien prohibits sleeping outside within city limits. Initially, this ruling applied only between 7 a.m. and 6 p.m. and was punishable only if there was available room at shelters. But after a 5-2 vote in late January, Burien’s city council ruled that sleeping outside is prohibited at all times.

The decision shortly followed the Supreme Court’s ruling in Grants Pass v. Johnson, a case that ultimately led to the decision on whether cities can prohibit sleeping in public spaces. The Supreme Court ruled that cities can, stating that it does not violate the Eighth Amendment’s protection against cruel and unusual punishment.

At least seven other jurisdictions in Washington created or expanded camping bans in the last year, according to The Seattle Times, including Auburn, Bremerton, Chelan County, Lakewood, Washougal, Wenatchee, and Spokane Valley. Approximately 140 cities have enacted similar regulations nationwide.

Future steps Burien will take regarding homelessness

“The City of Burien agrees with the Court that much work remains to be done to address the crisis of homelessness and looks forward to returning its full attention back to these immediate challenges facing Burien,” the City of Burien stated in a prepared statement. “City staff, along with the Burien City Council, have responsibly used all tools available to help the most vulnerable in our community.”

Among the city’s goals is to expand the co-response program partnership with the King County Sheriff’s Office and to establish a dedicated contract with a service provider to make more space available within emergency overnight shelters.

The City of Burien wants $1 million from King County to support the work performed by Mary’s Place and Mercy Housing, which provides shelter for homeless individuals. The city also wants to update its housing and zoning regulations to ensure that STEP (emergency shelters, transitional housing, emergency housing, and permanent supportive housing) housing is available throughout Burien.

The Seattle/King County Coalition on Homelessness revealed it is “disappointed—but not deterred—by the court’s decision.

“We took up this case to affirm that all people should enjoy protection from injustice and cruelty under our state Constitution,” Alison Eisinger, the executive director for Seattle/King County Coalition on Homelessness, said. “Threatening people with arrest, fines, or jail time for sleeping in public or otherwise trying to survive is cruel, unjust, and unreasonable. I am profoundly troubled that the court seems to interpret our state Constitution as unable to offer protections to people who are too poor to have a place to live.”

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