Housing Could Sour Fruit Harvest Growers Worry About Rules, Suits Over Migrant Housing

Many cherry growers say state regulations and the threat of legal action are preventing them from providing housing for migrant workers as harvest begins this week.

Thousands of farm workers are expected to come to Eastern Washington for the harvest. Some will stay in motels or public campgrounds; others will stay in campgrounds operated by the orchardists themselves. And some will stay out in the open.

Many growers say they can’t afford to offer housing that will be used only seven days a year, the length of the harvest in many orchards.

State officials say growers can set up tent camps on their orchards, provided they meet certain health and other standards.

But many orchardists have closed tent camps open last year because they’re afraid of lawsuits, said Natalie Gonzalez, who handles migrant issues for the state Department of Health.

Growers who got provisional state licenses last year received letters from farm-worker advocacy groups saying their representatives had a right to enter farmers’ land and talk with migrants, Gonzalez said.

“(Activists) have told us, if we open our campground, we’ll get personally sued,” said Bob Smith, who grows cherries near Benton City. “I have a nice campground here. I’ve spent several thousands of dollars. I was going to put in showers.

“But I could lose my farm if I get sued.”

Activists are pushing for tougher regulations at such sites. A lawsuit Seattle attorney Nancy Pacharzina filed against the state on behalf of three migrant workers seeks to require growers to provide military-style tents and cooking facilities, in addition to what the state already requires.

On Wednesday, Pacharzina learned the case has been certified as a class-action suit, and she now can potentially represent every migrant in the state.