Burien WA – Burien claimed victory yesterday as King County’s lawsuit against them was dismissed by the U.S. District Court for Western Washington. Early in March of this year, the Burien Council passed Ordinance 832 to clarify their local camping restrictions in the city. However, instead of directing her deputies in Burien to enforce the new law, King County Sheriff Patti Cole-Tindall instructed deputies to disregard the code, then later filed an unprecedented lawsuit against the city, claiming the new code was “unconstitutional.” The City of Burien countersued, citing breach of contract.
As a result, the City and residents of Burien have been in limbo for over six months, waiting for the courts to decide. Now the city hopes to win their countersuit against King County Sheriff’s Office for lack of services.
Jonathan Choe, independent journalist, interviewed Mayor Kevin Schilling, and posted this yesterday:
Here is the full statement from the City of Burien on September 25, 2024:
“The City of Burien has achieved a significant legal victory as the U.S. District Court for the Western District of Washington granted Burien’s Motion to Dismiss in the lawsuit initiated by King County and King County Sheriff Patricia Cole-Tindall regarding the constitutionality of Ordinance 832 (Case 2:24-cv-00325-RAJ).
“King County’s lawsuit challenged Burien’s enacted “Unlawful Public Camping” ordinance (ordinance 832), which prohibits using nonresidential public property as living space. The federal court ruled that it lacked subject matter jurisdiction to hear the case, highlighting that King County did not establish the necessary standing for federal jurisdiction.
“The federal court noted while the Plaintiffs argued Burien’s anti-camping ordinance is “repugnant to the Constitution and the law of this circuit,” referencing Ninth Circuit decisions in Martin v. City of Boise and Johnson v. City of Grants Pass on June 28, 2024, the Supreme Court reversed and remanded the Ninth Circuit Johnson v. City of Grants Pass decision in City of Grants Pass, Oregon v. Johnson, 144 S. Ct. 2202, 2204 (2024), determining that enforcing “generally applicable laws regulating camping on public property does not violate the Eighth Amendment. The federal court concluded by noting that the Grants Pass Supreme Court decision “abrogated the Ninth Circuit’s decision in Martin.’”
“In its decision, the federal court notes that Sheriff Cole-Tindall’s claims of potential injury, including loss of livelihood and potential financial liability for King County, are based on her “subjective interpretation of the Ordinance as unconstitutional.” Importantly, the federal court affirmed Burien’s position that ordinance enforcement must occur before such claims could be asserted. Additionally, and contrary to King County and its Sheriff’s claims, the Court emphasized that King County faces no financial risk in enforcing Burien’s anti-camping ordinance.
“The federal court further agreed with Burien when it found that King County’s claims did not present an actual case or controversy and characterized King County’s request for a declaratory judgment as an “improper advisory opinion,” stating the “legal rights asserted by King County against Burien are nebulous.”
“This ruling effectively ends King County’s claims against Burien in federal court and remands Burien’s claim against King County for breach of contract to Snohomish County Superior Court. Burien looks forward to working with King County to learn when and how it will begin enforcement of Burien’s ordinance in light of the district court’s acknowledgment that the reason for King County’s refusal and breach of contract was abrogated by the United States Supreme Court decision in Grants Pass a few months ago.”
2 Responses
Campgrounds and parks have strict rules about where you cannot camp.
But in cities you can camp anywhere.
Madness, courtesy of local liberals.v
It is time to end this homeless camp in all cities as there is ample resources and housing opportunities everywhere. I feel we are enabling these people to continue to live on the street instead of demanding they obtain a job and work. We give them free everything but don’t address the real problems of Mental Health and Drug addiction that has now consumed all of our homeless population. Homeless people used to just be poor now when they lose there jobs they grab onto whatever type of safety is available at night on the street and unfortunately if you don’t do drugs on the street then you are alone and no one looks out for you. So keeping this homeless encampment open and allowing them to continue to grow there is not helping anyone at all. The money you spend on employing people to come up with ideas and buildings to place these people and all the charity gatherings such as DESC for example is ridiculous. The money for employment of the staff there and all the open houses and events you hold alone, start adding up how much you spend on unnecessary things and put that money into the solution of MENTAL HEALTH AND DRUG ADDICTION. Getting these drug dealers, escorts, and pimps out of our area and HOTELS/APARTMENTS and management teams is the main goal to solving this huge crisis!!