MYNORTHWEST NEWS

Seattle may be overreacting to judge’s ruling that let man live in a truck

Mar 8, 2018, 10:11 AM | Updated: 1:17 pm

judge's ruling, truck...

The City of Seattle plans to appeal a judge's ruling that says a truck is a man's home. (KIRO Radio)

(KIRO Radio)

The City of Seattle may be misinterpreting a judge’s ruling that allowed a man to continue living in his truck, without the threat of fines.

Council member mad Seattle is protecting homeless people

Assistant City Attorney Michael Ryan said that thanks to the ruling, the city’s hands would be tied when it comes to parking enforcement. According to The Seattle Times, he said:

“Someone could park right here in front of the courthouse on Fifth Avenue, and we couldn’t tow them, or if we did tow them, we couldn’t put them in impound.

“We’d have to put them somewhere else and we couldn’t charge them at all for it because if we did, we’d violate the constitution if they were living in that vehicle.”

Interpreting the judge’s ruling

Former state Attorney General Rob McKenna says the city could tow the truck. What the ruling means is the city cannot charge the owner penalties and fees.

“I know that the assistant city attorney who handled the case claimed this might mean anyone can park their broken down wreck in front of City Hall and nobody could force them to move it,” McKenna said. “I don’t think that’s actually the case under this judge’s ruling.”

King County Superior Court Judge Catherine Shaffer’s ruled March 2 that impounding Steven Long’s GMC pickup violated Washington state’s homestead act. Additionally, the fines Long faced were violated constitutional protections, the judge ruled.

“The states have adopted homestead acts that essentially are aimed at keeping people in their homes if possible in the event of bankruptcy or other financial difficulty,” McKenna said.

Long lived in his truck for more than two years before it was towed for violating the city’s 72-hour parking law. That’s when the Columbia Legal Center and ACLU became involved.

According to the latest homeless count for Seattle and King County, more than 5,000 people are living unsheltered. That includes more than 2,000 people living in vehicles. Just over 6,000 homeless people are living in emergency shelters, transitional housing, or safe havens.

Long’s truck is now classified as a home and not subject to the city’s parking laws.

The city isn’t done fighting, however. It will appeal Judge Shaffer’s ruling, which Deputy City Attorney reportedly said was “legally wrong.”

MyNorthwest News

pumpkin music...

Paul Holden

Ghost tour, pumpkin chucking, free music and more: Your guide to fall fun this weekend in the Seattle area

Find live music, a ghost tour, free festivals and more fall fun in the Seattle area this weekend.

46 minutes ago

Tom Wales (1)...

James Lynch

Federal Prosecutor Tom Wales killing remains an active investigation, Crime Stoppers says

Nearly 25 years after Seattle federal prosecutor Tom Wales was shot in his Queen Anne home, investigators are still working the case.

46 minutes ago

gun buyback...

James Lynch

King County Sheriff’s Office to host gun buyback in Burien Saturday

The King County Sheriff’s Office (KCSO) will host a gun buyback in Burien Saturday, Oct. 17.

11 hours ago

SNAP fraud...

James Lynch

Man accused of $600,000 SNAP fraud returned to WA after fleeing to India

A man accused of diverting about $600,000 in federal food assistance benefits for personal gain has been returned to Washington.

12 hours ago

Tumwater fire...

Lexi Herda, KIRO 7 News

Flames engulf Tumwater apartment complex across the street from fire department

A fire at an apartment complex in Tumwater has been upgraded to a two-alarm fire.

13 hours ago

King County homelessness agency...

Aaron Granillo

Review finds nearly $17 million shortfall at King County homelessness agency

Seattle and King County taxpayers face a nearly $17 million bill to cover a funding shortfall at the King County Regional Homelessness Authority.

14 hours ago

Seattle may be overreacting to judge’s ruling that let man live in a truck