Amended bill to regulate local anti-camping rules clears Washington House committee

OLYMPIA – A state committee has approved legislation that would stop cities from enforcing anti-camping ordinances when no shelter space is available.

The bill, which cleared the House Housing Committee on Monday, was modified to clarify what actions qualify as “life-sustaining” and would allow local jurisdictions to establish regional shelter spaces.

As written, the bill would prohibit regulations adopted by cities, towns, counties and other jurisdictions to restrict outdoor camping, sleeping and “life-sustaining activities” from being enforced if “adequate alternative shelter space is not available.”

The bill says the protections must be “liberally construed to protect the constitutional and human rights of all individuals engaged in life-sustaining activities when adequate alternative shelter space is unavailable.”

The legislation is sponsored by state Rep. Mia Gregerson, D-SeaTac, and cosponsored by 24 other Democratic members of the House of Representatives, including Spokane Democratic Reps. Timm Ormsby and Natasha Hill.

During a Jan. 20 committee hearing, Gregerson said the proposal was “about creating statewide standards, and it’s about putting people first.”

“We currently have a patchwork of proposals that span from a range of do-nothing to displacement, enforcement, and even, at times, punishment,” Gregerson said during her testimony. “This bill seeks to create a floor, with clear, consistent statewide standards, on public property for those who have no other place to survive.”

State lawmakers considered similar legislation last year, though that bill would have required the regulations to be “objectively reasonable for the time, place, and manner.” The bill also would have allowed people to sue cities or counties that did not meet this threshold. It died in committee last year without being voted on.

Following a delay in committee, this year’s bill was amended to exempt situations when there is imminent risk of serious harm, access for emergency response is obstructed or there is a violation of disability access laws.

The law also would not be applicable if someone refuses shelter access or if they were previously removed from a shelter for documented “safety reasons.”

Under the new version of the legislation, jurisdictions could also enter into an interlocal agreement with multiple cities or counties to establish regional shelter capacity. Transportation to the regional shelter would be required to be offered at no cost.

The new proposal also amends what is classified as a “life-saving” activity.

The updated legislation defines actions, including moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, and drinking as acts that qualify as “life-saving.” The new definition removes “other basic activities necessary for survival” as a life-saving activity that would be protected.

The bill was initially scheduled for a committee vote last week, though it was delayed following pushback. The Association of Washington Cities and the Spokane Business Association were among the organizations that objected to the proposal.

In October, the Spokane City Council unanimously adopted the “Safe and Accessible Spokane” ordinance, which toughened laws that prohibit people from sleeping in public or sitting on the sidewalk. Under the ordinance, the Spokane Police Department is authorized to offer assistance, issue citations or both.