Bill would allow people to sue Washington cities and counties over public camping bans

||| FROM  CAMERON SHEPPARD for TACOMA NEW TRIBUNE |||

The Washington Legislature is considering a bill that would allow cities and counties to be sued for enforcing any ban on public camping that is not considered “objectively reasonable.” While advocates for those living unhoused in Washington say the bill would be an important step to providing rights and protections for a vulnerable population, opponents argue the legal definition is subjective and would open up local governments to costly litigation at the expense of tax payers.

If passed, House Bill 1380 would require that any city or town, code city or county laws regulating “the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public” do so in a way that it “objectively reasonable as to time, place, and manner.” It would also allow parties and individuals to take legal action against cities and counties they believe are enforcing such a policy in a way that is not “objectively reasonable.” The primary sponsor of the bill, Rep. Mia Gregerson (D-33rd District), said the legislation is part of a greater effort to codify rights and legal protections for homeless people. She referred to the idea as a “bill of rights” for the homeless population. In an interview with The News Tribune, Gregerson said the legislation would prohibit local jurisdictions from regulating camping on public spaces, but creates a framework for them to do so. “If you are going to enforce, then enforce through this lens,” she said. Gregerson said the bill is intended to create representation for an otherwise vulnerable population.

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