Washington lawmakers are considering restrictions to keep cities and counties from criminalizing camping on public property.
Dozens of cities across the state have implemented such bans in the wake of the U.S. Supreme Court ruling in 2024 that laws like these don’t meet the threshold of “cruel and unusual punishment” prohibited by the Eighth Amendment to the U.S. Constitution.
Democrats on the House Housing Committee advanced House Bill 2489 on Feb. 2 with no Republican support. Rep. Adison Richards, D-Gig Harbor, was the sole Democratic vote against the legislation. Multiple Democrats said they supported it despite misgivings.
“Being homeless is not a crime,” said bill sponsor Rep. Mia Gregerson, D-SeaTac, whose 33rd Legislative District includes parts or all of Kent, Renton, Burien, Normandy Park, SeaTac, Des Moines and Tukwila.
The measure would prohibit local governments from enforcing local laws banning “life-sustaining activities” unless they can prove adequate shelter space is available for people to go to. The legislation defines “life-sustaining activities” as moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating and drinking.
So cities wouldn’t be allowed to sweep homeless encampments, for example.
Shelters would have to accommodate pets, partners, relatives and personal belongings.
People and organizations could bring lawsuits if governments enforce an anti-camping law that violates the bill, but they wouldn’t be entitled to monetary damages.
City officials are ardently opposed to the legislation, arguing it kneecaps their ability to address public safety issues.
Rep. Joe Timmons, a moderate Democrat from Bellingham, said he “grappled with this bill deeply” amid concerns from cities in his district. He ultimately came around on the legislation to establish uniformity in how the state deals with the issue.
“Ultimately, I believe we are sent here to solve problems,” Timmons said. “There might be no problem more complex than how to support people experiencing homelessness. And I think that one way that we can try to address this problem is by not having a patchwork system.”
Rep. Sam Low, the top Republican on the House panel, said he’s seen the effect of visible homelessness on the Snohomish County government campus, where he serves as a county council member. And he doesn’t think local governments can provide the shelter space needed so people don’t have to sleep outside.
“It’s going to be very difficult for any city or county to accomplish what this bill sets out to do, which I think is going to create a lot of lawsuits,” Low said. “Taxpayers are going to be on the hook for a lot of money, I believe, because of this policy.”
Democrats turned down a Republican-backed amendment to allow the enforcement of anti-camping laws at parks and other public spaces where children are likely to be present.
The House committee on Feb. 2 also moved forward legislation to require local governments to allow transitional housing, permanent supportive housing and indoor emergency shelter in certain areas. These are forms of housing that many cities deeply oppose.
Similar legislation last year died amid pushback from cities.
Homelessness has been on the rise in Washington, with 22,173 people who were homeless counted by the state on the streets last January. That was a 25% increase from the 2022 point-in-time count. The state has spent billions of dollars to expand affordable housing stock and transition people out of homelessness.
Gov. Bob Ferguson in December proposed to lawmakers an additional $244 million state investment in housing, including $81 million for nearly 2,000 new affordable units and $73 million for homes for first-time buyers.
If passed and signed into law by the governor, the legislation on local anti-camping laws would take effect in June.
Washington State Standard is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Washington State Standard maintains editorial independence. Contact Editor Bill Lucia for questions: info@washingtonstatestandard.com. Follow Washington State Standard on Facebook and X.
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