Spokane outlaws homeless camping citywide but prioritizes outreach over citations

Spokane finally has a new law on the books banning homeless people from camping on or obstructing public property, but it remains to be seen how it will function or how strict it will be, given its lack of hard and fast enforcement requirements.

The homeless are now banned from camping on public property citywide in Spokane for the first time since the 2018 Martin v. Boise decision, which heavily restricted how cities could criminalize homelessness unless they provided shelters. The U.S. Supreme Court effectively ended those restrictions last summer in the 2024 Grants Pass v. Johnson case.

The original version Spokane Mayor Lisa Brown unveiled in May stated that illegal campers would receive a notice up to seven days before citation and removal, which critics equated to a seven-day camping permit. Brown argued the week was a maximum time frame and that many camps would be quickly resolved, but also that the pause gave homeless service providers time to identify the violator and attempt to enroll them in programs to end their homelessness.

Instead of a seven-day or three-day notice, the ordinance now simply requires that “a notice shall be posted prior to a citation …”

Before the Grants Pass decision, an overwhelming majority of voters approved a 2023 citizen-led initiative in Spokane, restricting homeless camping within 1,000 feet of schools, parks and day cares, regardless of shelter space. The 2023 voter-approved law had only a two-day notice requirement, though there were exceptions that could extend that timeline.

It’s unclear whether that law would have been legal under Martin v. Boise – Brown, who took office at the start of 2024, declined to enforce the law until the U.S. Supreme Court overturned the 2018 decision.

Citations for violations of the city’s homelessness laws immediately shot up higher than any time in recent years, though critics still pointed to visible homelessness as evidence that city officials were sitting on their hands. Notably, Spokane Police Department officials clearly stated ahead of the vote in 2023 that it would be impossible to enforce the law universally.

In April, however, the state Supreme Court ruled Spokane’s voter-approved law had overstepped the authority of local citizen initiatives and struck it down. Supporters quickly demanded the Spokane City Council adopt a replacement.

Brown and supporters on the council argue the law approved Monday both expands and simplifies the 2023 voter-approved law. Councilman Zack Zappone instructed staff during Monday’s marathon meeting to display maps that illustrated that the new law affected the entire city, rather than just most of it.

Skeptics have raised myriad concerns with the new law, however, including the emphasis on outreach over criminal consequences and the leeway given to the mayor’s office and the police department to interpret the law’s requirements and how quickly it must be enforced.

Many who testified Monday still felt burnt after the June 16 council meeting when the first version of a homeless camping law was defeated and then resurrected at midnight with a three-day notice period rather than seven, reportedly following a flurry of communications between council members and the mayor. The Spokesman-Review requested records of those communications, but is not expected to receive a response until July 11 at the earliest.

In the end, the midnight maneuver seemed to accomplish little if anything; the bill foundered during the wee hours, and the ordinance considered and adopted Monday was a third version altogether.

In some ways, the law approved Monday is even more expansive than the city’s laws before the 2018 Martin v. Boise decision, when camping in doorways and sidewalks was illegal, but only between 6 a.m. and midnight. The law was already not being enforced when shelters were full.

There are exceptions in the law meant to speed up the city’s response to encampments.

No notice is required for an encampment where there is a “reasonable belief” that the camp presents an immediate threat or risk to public safety or property, including if there is physical violence, drug use, damage to the physical environment, significant amounts of trash or a handful of other exceptions. Any camp on a sidewalk would also not require a notice, as there’s an exception for camps directly adjacent to streets.

The city must also “prioritize and expedite” its response to camps within 1,000 feet of schools, parks and day cares – echoing the 2023 voter-approved initiative – as well as 1,000 feet from homeless shelters.

There are exceptions within the exceptions. Anybody who agrees to relocate and enter homeless services will not be cited for an illegal camp, nor will anyone who simply leaves the area and doesn’t return until the police leave. If someone requests additional time or assistance in relocating, they “shall be accommodated to the extent practicable.”

Some argued Monday that the law gives the mayor and police department wide latitude to interpret how long notices should be given, what “expedite” entails, or what accommodations are “practicable.” Asked Tuesday for details, the mayor’s office indicated it would hash out administrative policies in the coming days with legal, police and code enforcement personnel.

Notably, this does seem to be the same leeway afforded Spokane’s mayors and police department before 2018.

In 2013, during Mayor David Condon’s tenure, The Spokesman-Review reported that 50 people living in a camp under the Interstate 90 viaduct were told they would have to relocate – but were given at least the weekend before any enforcement and were told they would receive a final 24-hour notice ahead of time.

“City officials say they aren’t ignoring the tough issues related to homelessness, which is why they are waiting to enforce the ban until after social service agencies have an opportunity to connect with those who might be displaced,” The Spokesman-Review reported at the time.

But many who testified Monday argued that the new law puts too much focus on outreach and not enough on swift law enforcement response.

“The status quo has been Housing First and street medicine, rather than focusing on cleaning up the streets from the bad actors,” said Richard Repp, a Spokane attorney. “We can all see with our own eyes the open-air drug dealing. We can see the crime that’s happening.”

Many downtown business representatives noted that the new law scraps a prior prohibition on sitting or lying down on sidewalks or public property, replacing it with an obstruction law enforceable if a violator actually blocks the pathway. Those business interests called for an exclusion zone downtown, noting that sidewalks there are larger, and it is possible for someone to sit without obstructing anyone.

“Downtown is … a special place where the concentration of activity in our public spaces require special protections,” said Emilie Cameron, CEO of the Downtown Spokane Partnership. “… this (ordinance) is a first step, but there is much more that we need in creating a downtown hospitality area so that we can not only address the challenge of saving lives, but also livelihoods, especially in downtown.”