The tussle between King County Sheriff's Office and the City of Burien over a contentious camping ban is now being taken to the federal court. King County Sheriff Patricia Cole-Tindall filed a lawsuit in federal court on Monday, March 10, aiming to have a judge determine the constitutionality of Burien’s new homeless camping ban ordinance. Cole-Tindall has made the decision not to enforce the ban, citing legal uncertainties around the amendment recently pushed through by Burien City Council.
Last week, Burien officials moved quickly to pass a new amendment creating a 500-foot exclusion zone around parks, libraries, schools, daycares, and senior centers, effectively making it illegal for the homeless to sleep overnight in these zones. The King County Sheriff's Office (KCSO) wasted no time to legally challenge the amendment, stating it could not enforce potential unconstitutional laws. Cole-Tindall remarked at a press conference, "They did not consult with us prior to passing this ordinance. We have an obligation to avoid engaging in conduct that has been addressed in federal litigation and found to be unconstitutional," as reported by KING 5.
The controversial emergency nature of the amendment drew criticism, particularly as Burien declared an emergency to pass the amendment, which excluded the possibility for public comment. This action comes at a time when the county holds an interlocal agreement with Burien to provide law enforcement services; this contract has been in place since 2000. The county's lawsuit raises questions not only about the constitutionality of the ordinance but also about the Sheriff's Office's responsibilities under the law to enforce such ordinances.
Burien Mayor Kevin Schilling pushed back against the sheriff's stance, defending the city's legal process. "First of all, we did consult with legal experts. He's called our city attorney," Schilling told The Seattle Times. Schilling expressed his trust in the city attorney's legal advice, insinuating the actions taken were within legal boundaries. Meanwhile, Erin Overbey, general counsel for the KCSO, emphasized the Office's need for legal clarity, stating, "We’re really asking the court to define the scope of what our deputies can permissively do," as mentioned by the Seattle Times. A judgment on the matter is expected to be handed down by the court as early as April.
Amidst this legal battle, the welfare of Burien's homeless population hangs in balance. The KCSO's initial reluctance to enforce Burien's latest homeless ordinance roots from its unique establishment of broad exclusion zones. Sheriff Cole-Tindall's stance was underscored by concerns over the exclusion zones being set "solely at the discretion of the City Manager and can be changed at any time," as she expressed in a statement obtained by KOMO News. With public safety, civic responsibilities, and the rights of Burien's unhoused residents on the line, the outcome of this legal challenge may have ripple effects on future policies governing homelessness across the region.
