The debate over homeless encampments in the city of Burien has escalated as the King County Sheriff’s Office (KCSO) recently filed a lawsuit in federal court on March 11.
The lawsuit challenges the constitutionality of a recent ordinance enacted by Burien officials, which imposes restrictions on where homeless individuals can set up camps within the city.
Sheriff Patricia Cole-Tindall expressed concerns regarding the ordinance, particularly its establishment of exclusion zones where homeless individuals risk committing a crime merely by being present.
According to Cole-Tindall, the ordinance allows for broad discretionary powers to the city manager in determining these exclusion zones, which raises significant constitutional questions.
“Burien’s latest homeless ordinance is unique in establishing broad exclusion zones where unhoused person’s 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,” Cole-Tindall said in a statement.
In response to the sheriff’s refusal to enforce the ordinance, Burien officials accused the sheriff’s office of breaching their contract to provide law enforcement services to the city.
Mayor Kevin Schilling further criticized what he called the sheriff’s prioritization of politics over public safety.
“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 Dow Constantine-appointed sheriff is prioritizing politics over public safety,” Schilling stated.
The ordinance in question, passed earlier this month by the Burien city council, introduces a “buffer zone” prohibiting camping within 500 feet of various public facilities such as libraries, schools, parks and senior centers.
This move significantly tightens previous regulations, sparking debate over its enforceability and constitutionality.
Notably, the lawsuit marks the first time in the county’s history that such legal action has been taken against a municipality in federal court.
In response to the lawsuit, Burien officials were disappointed.
The city maintained that its ordinance was constitutionally valid and accused the county of violating its responsibilities under the existing interlocal agreement.
According to the department’s general counsel, staff will not enforce the ban until they receive a decision in the case.
“We are not enforcing this ordinance until we get a decision,” Attorney Erin Overbey said.
King County officials have also raised concerns that Burien’s approach may violate a federal court decision known as Martin v. Boise.
This decision asserts that cities cannot penalize individuals for living outside if they have nowhere else to go, a principle upheld by ensuring available shelter when enforcing anti-camping rules.
The legal dispute comes amidst broader efforts to address homelessness in Burien, where recent closures of sanctioned encampments have led to a resurgence of people sleeping on sidewalks in the downtown core.
The city’s handling of homelessness has faced previous legal challenges, with a lawsuit filed in King County Superior Court alleging that the ordinance “banishes” homeless individuals and constitutes cruel punishment.
Alison Eisinger, executive director of the Seattle/King County Coalition on Homelessness, called for the upholding of laws that are feasible to enforce while respecting constitutional rights.
The outcome of the legal dispute could have significant implications not only for Burien but also for how municipalities across the county approach homelessness and related regulatory measures.
