Seattle-area law enforcement will not enforce ban on homeless camps

A Seattle area sheriff has filed a lawsuit challenging the constitutionality of a new anti-camping ordinance after ordering county deputies not to enforce a ban on camping within 500 feet of locations such as schools and parks without informing the municipality they service.

As a result, the mayor of Burien, a city that deputies service, is now considering creating a city-operated police department.

Earlier this month, Burien, Washington's city council approved a new ordinance that prohibits people from camping on public property from 7 pm to 6 am if a shelter or treatment facility has space available. The order also outlaws daytime camping as well as prohibits homeless encampments within 500 feet of locations such as parks and schools.

Homelessness is so prolific in the city that Burien's July 4 parade had to be detoured around encampments.

However, last week, King County Sheriff Patti Cole-Tindall ordered her deputies not to enforce the ordinance, claiming that the constitutionality of the order needed to be resolved, but did not inform city officials. The sheriff's position is no longer elected by voters and is instead a political appointee.

Two years ago, King County voters chose to have the sheriff no longer be an elected position and instead be appointed by the King County Executive, Dow Constantine, who has a track record of poor investments when it comes to the issues of homelessness and addiction in the county.

Burien Mayor Kevin Schilling told The Ari Hoffman Show on Talk Radio 570 KVI in a statement, "In 2021, voters in King County decided to remove their right to vote for a Sheriff. This is the undemocratic situation that occurs when a higher government official gets to dictate what occurs in local governments. The City of Burien pays millions of dollars to the King County Sheriff’s Office with the expectation they will enforce our city codes and laws to keep the community safe and publicly accessible for all. Right now, the County Executive Dow Constantine and the appointed Sheriff are prioritizing politics over public safety.”

Schilling added, “Burien is going to work to re-examine our Inter-Local Agreement with the Sheriff’s office.  And if that doesn’t bear fruit, we will begin discussions to create our own city police department.”

“Ultimately, this is about outcomes,” Schilling continued. “This County Executive was first elected in 2009 when I started high school. Now, as a 30-year-old Mayor, we are seeing that, for years, problems have not been solved. Instead, King County has the highest level of homelessness ever, the highest number of overdose deaths in the country, and continuously increasing taxes for programs that do not show results or solve problems.”

Schilling noted that the ordinance is the same as one in nearby Bellevue and is utilized “…in numerous cities in Washington State.”

On Monday, the King County Sheriff's Office (KCSO) filed a lawsuit in federal court asking a judge to determine the constitutionality of the new ordinance.

Cole-Tindall said in a statement on Monday announcing the suit, "Burien’s latest homeless ordinance is unique in establishing broad exclusion zones where unhoused persons risk committing a crime just by being present. After completing a legal analysis of the ordinance, the Sheriff’s Office has serious concerns about the constitutionality of the ordinance, especially when the exclusion zones are determined solely at the discretion of the City Manager and can be changed at any time."

The complaint appeared to catch Burien by surprise. According to a statement from the city, “The filing of a complaint in federal court has come as a surprise as the City of Burien was actively working to schedule a meeting with King County Sheriff Cole-Tindall later this week, per the Sheriff and King County's request, to discuss the existing issue between our respective agencies. The date and time of the meeting - confirmed through a telephone call between Sheriff Cole-Tindall and City Manager Bailon this afternoon – was set for the morning of Wednesday, March 13, 2024, in advance of a prior engagement set on the calendar of Sheriff Cole-Tindall.”

Schilling told Hoffman, “What this action signals is the County Executive saying local communities shouldn’t be able to utilize law enforcement to get folks the help they need and instead perpetuates failed policies surrounding allowing folks on the streets without getting them into shelter and services. Shelter and services that this County Executive has had since 2009 to establish.”  

“I believe in government accountability and individual responsibility,” Schilling added. “This isn’t a liberal or conservative problem. The issues of homelessness, drug addiction, mental health issues, and criminal activity, cuts across traditional partisan divides. We need to ensure that we are prioritizing treatment over tents, and public safety over politics so that we can get folks off the streets and into shelters and services."