Bill could allow challenges to local anti-camping ordinances that aren't 'objectively reasonable'

Yahoo

15-02-2025

Feb. 14—OLYMPIA — The Washington Legislature is considering a bill that would allow residents to challenge local anti-camping regulations they believe are not "objectively reasonable."
Under the bill, which has cleared the House Housing Committee and is currently in the Appropriations Committee, regulations adopted by cities, towns, counties and other jurisdictions to restrict outdoor camping and sleeping on public property would be required to be "objectively reasonable for the time, place, and manner."
Whether a statute meets this classification would be based on "the totality of the circumstances" of a situation.
The legislation would allow residents to challenge an ordinance in court if it does not meet this criteria. It does not establish a framework for "monetary damages."
The bill's prime sponsor, Rep. Mia Gregerson, D-Sea Tac, said during a hearing Wednesday that the proposal is "not a one size fits all fix, but this bill does seek to help provide guideposts to allow each community to deal with their own unique challenges."
The proposal, Gregerson said, comes as the state struggles to address a rising homeless population, which she attributed to a shortage of housing, a lack of affordable housing and a lack of shelter availability.
Gregerson said while lawmakers have made recent strides to create more housing, "the need continues to grow faster than the expansion of more access to these housing opportunities."
Among those in support of the legislation are the ACLU of Washington, the Washington Low Income Housing Alliance and the Northwest Justice Project. The bill is sponsored by Spokane Reps. Timm Ormsby and Natasha Hill.
Wednesday's hearing included objections from local officials throughout the state, including Spokane City Council Member Jonathan Bingle, who said he was testifying in his personal capacity.
"This bill is not just an overreach, it is a blatant affront to the Democratic will of Spokane citizens," Bingle said.
Bingle pointed to the approval of Prop 1 in November 2023, which largely prohibits homeless residents from setting up camp in most of the city, including within 1,000 feet of parks, schools and childcare facilities. The proposition was passed with nearly 75% approval, and Spokane Police began enforcement last summer.
"This is a clear mandate from our community to prioritize public safety and the wellbeing of our children," Bingle said. "By undermining local ordinances like Spokane's Proposition 1, this bill jeopardizes public safety, it hampers our ability to maintain clear and secure public spaces, protect our children, and uphold the quality of life our residents demand."
Bingle added that potential challenges to Spokane's ordinance "threatens to divert funds from essential services, exacerbating the issues it purports to address."
Spokane Business Owner Larry Andrews, who protested the bill through a half-page ad published in The Spokesman-Review on Feb. 9 that targeted Hill, said during testimony Wednesday that the bill "does not help the homeless."
"This bill confuses established laws," Andrews said.
The ad, Andrews said, was meant to "save the homeless from this insanity."
"You are not allowed to camp in our state without a permit, why would you allow people to camp on our streets?" Andrews said.
Testifying in support of the legislation, Sharyl Brown, director of operations at Jewels Helping Hands in Spokane, said during Wednesday's hearing that the "burden of fines, citations and incarceration doesn't just create obstacles, it resets the entire process."
"People lose all progress towards stability, forced to navigate an already complicated system from square one again, making lasting success nearly impossible," Brown said. "For many unhoused individuals, safety depends on being in public spaces, yet they are constantly penalized for simply existing when they have nowhere else to go."