ACLU warns Yakima about lawsuit risk on homeless policy

The American Civil Liberties Union is warning Yakima that its homeless policy is putting the city at risk of a lawsuit.

At issue is a city ordinance that subjects the homeless to arrest if they camp in public places when shelter is otherwise available.

“There is ample legal authority explaining the unconstitutionality of ordinances making camping a crime for people who have nowhere else to go,” the ACLU wrote in a letter to the city last week.

Yakima officials contend the homeless have ample other options when the city shuts down an encampment Friday.

Those options include three churches that will open their doors to provide overnight beds and the Union Gospel Mission.

There are about 80 to 100 people occupying the encampment. There are 45 beds at the three churches. There are also about 100 beds available at the Union Gospel Mission on North First Street.

While the ACLU’s letter did not specifically address the mission, homeless advocates said the city shouldn’t rely on shelter that imposes religious requirements in order to stay.

The city is treading on thin ice counting the mission, said Suzanne Skinner of the Seattle University School of Law, home of the Homeless Rights Advocacy Project.

Requirements for staying at the mission include being sober and attending religious services, which violates a constitutional guarantee of freedom of religion, Skinner said.

“If you’re Jewish, should you have to forgo your religion to get a bed? I think it’s a really strong argument that you’re violating that individual’s First Amendment right and I think the law would come down that that’s not a reasonable alternative,” she said.

Yakima believes there are “ample opportunities” for shelter within the city, said City Attorney Jeff Cutter.

When asked about the mission, he repeated the statement and declined further comment.

Seattle-based ACLU legal director Emily Chiang did not say whether her organization planned to sue Yakima, only that it was essential that Yakima change its policy in order to avoid legal problems.

The ACLU sued the city over voting rights in August 2012; it was awarded $1.8 million. The city later received $100,000 of this money back as a donation.