Why Burien is suing King County over the city's own camping ban

On Thursday, the city of Burien sued King County, as well as King County Sheriff Patti Cole-Tindall.

Burien officials say deputies are breaching contract by not enforcing Burien’s anti-camping ordinance, which was passed by its city council in September.

Under the city ordinance, people may not rest, lay down, or sleep on public property between 7 p.m. and 6 a.m. The law also prohibits campsites anywhere within 500 feet of daycares, parks, libraries, and schools. Anyone who’s caught violating the ordinance could face a fine or misdemeanor charge.

This follows the King County Sheriff asking a U.S. District Court judge for guidance on whether Burien’s law is constitutional, saying deputies wouldn’t act without that answer.

Burien itself has seen lawsuits over the camping ban. Three people experiencing homelessness sued the city back in January, alleging that the ordinance criminalized homelessness, and infringed on their right to due process.

Burien Mayor Kevin Schilling said that the ordinance isn't a camping ban— it's a way to regulate tent encampments.

"The law itself does not criminalize homelessness and does not make it difficult for somebody to sleep overnight," Schilling said. "You can't have permanent tent encampments up in public space during the day, only at night when you need to sleep, if you've not been offered shelter and service."

Schilling said people will be allowed to stay in a tent if they have not been offered shelter and services.

The mayor noted that Burien has allocated funding for rental assistance and homelessness support, but says opening more shelter space has proven difficult because it requires partnering with private property owners.

"Burien has been trying to expand its shelter capacity — we only have two shelters for families," Schilling said. "One is one is Mary's Place, one is with a local church. And so those are mostly full."

In November, Burien agreed to accept $1 million and 35 pallet shelters from King County to help address an encampment in the city. The mayor said he's expecting a finalized recommendation from the city's planning commission at the end of this month, but they're still working with the county to determine what the project will look like.

But Schilling said there are beds available regionally, if people go outside of Burien.

When asked for an interview, the King County Sheriff's Office sent a statement:

"The constitutionality of Burien’s anti-camping ordinance is squarely before the federal court. Burien’s attempt to avoid a binding judgment by filing a lawsuit in Snohomish County is just a misguided distraction as we await decision from the federal court."

Schilling noted that since the Sheriff's Office stopped regulating Burien tent encampments, there have been several overdoses in the community, including two deaths.

He links those deaths to the pause on enforcing the tent ordinance.

Others have pushed back on the idea that overdoses are related to a lack of enforcement of the ordinance, and noted that the county has a right to confirm the constitutionality of the ordinance prior to enforcing the law.

The battle between Burien and King County reflects a struggle places up and down the West Coast are experiencing: trying to understand how to regulate the rising number of visibly homeless people on their streets, and what can or should be done to support those people.

Schilling said he hopes rhetoric around shelter and services moves away from politics, and instead prioritizes public safety.

"The city of Burien is doing what we can," he said. "We can't be the only solution to homelessness across the region."

Soundside reached out to the King County Sheriff's Office following this interview for comment on Schilling's belief that refusal to enforce the ordinance has resulted in overdose deaths.

The office sent a statement:

KCSO continues to fulfill its constitutional and contract obligations within the City of Burien. The constitutionality of Burien’s anti-camping ordinance is before the Federal Court, and we look forward to a resolution of that matter. We take our role in public safety very seriously and choose to not respond to inflammatory accusations.