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Spokane City Council declines to reinstate Prop 1 after state Supreme Court strikes it down

Behavioral Response Unit members Spokane firefighter/paramedic Jordan Johnson, left, and Jordan Ellinwood, a clinical mental health counselor with Frontier Behavioral Heath, check on a homeless man who was sleeping under a blanket on the sidewalk earlier this year in front of Browne Elementary School. They helped the man, who told them he is struggling with mental health and substance abuse issues, find a bed at a local shelter. (COLIN MULVANY/THE SPOKESMAN-REVIEW)
By Emry Dinman emryd@spokesman.com(509) 459-5472

The Spokane City Council voted 4-3 Monday to not move forward with reinstating Proposition 1, the overwhelmingly voter-approved anti-homeless camping law that the Washington Supreme Court struck down on Thursday.

Proposition 1, supported by 75% of voters in 2023, banned any camping within 1,000 feet of parks, schools and licensed daycare facilities, making violations a cite-and-release misdemeanor offense. The state Supreme Court’s majority ruling argued the proposition had gone outside the legal bounds for a local initiative, though it did not make a ruling on the merits of the law, leaving it open for the City Council to reinstate the law .

Councilman Michael Cathcart called for a suspension of council rules to allow the quick consideration of an ordinance that would have reintroduced Proposition 1’s provisions verbatim into city code. Council members Jonathan Bingle and Zack Zappone joined him in voting for the expedited process.

Councilwoman Kitty Klitzke suggested that council members should wait for guidance from police leadership due Wednesday on possible modifications to the law before reintroducing some variation for council consideration.

“The day after (Prop 1) was overturned, I met with my precinct captain, and I asked, what would you do if you were able to write this law, if we had to do it over again?” Klitzke said. “I would really like to be able to hear feedback from them and draft something that really works, and possibly has a broader scope.”

Cathcart said he would be willing to consider modifications of Proposition 1 – after the council wrote it back into city law.

“We are at a point in time where the public expects this law is on the books, and to not reimplement when we have the power to do so is disrespectful to them,” Cathcart said.

Councilman Paul Dillon argued that the popularity of the law should not guide whether the council reimplements it. He noted that there is ongoing litigation on the merits of the law and also called for significant modifications before something comes before the council for a vote.