Tensions continue to escalate between Burien and the King County Sheriff’s Office (KCSO) — which provides the city its police department — since the city council expanded its anti-homeless camping ban on March 4.
The ordinance makes it a misdemeanor to camp in most areas of the city at all hours of the day. The “prohibited” zones are designated at the discretion of Adolfo Bailon, Burien’s city manager, who is responsible for day-to-day administration.
Almost immediately after the law was passed, King County Sheriff Patti Cole-Tindall said her office would not enforce the ordinance, saying it unconstitutionally criminalizes involuntary homelessness. In the 2018 case Martin v. Boise, the Ninth Circuit Court of Appeals, which covers most of the Western U.S., ruled that cities cannot criminalize unhoused people simply for being homeless or sweep them if there is no available shelter.
Cole-Tindall filed a federal lawsuit against Burien on March 14, requesting an injunction from Judge Richard Jones to block the implementation of the expanded camping ban. This effort comes after three unhoused Burien residents filed their own lawsuit against the city in King County Superior Court in January, claiming that the version of the camping ban passed in October 2023 violated the Washington state constitution’s prohibition on cruel and unusual punishment.
KCSO’s refusal to enforce the expanded camping ban and subsequent lawsuit angered Bailon and the majority of the Burien City Council. On March 8, Bailon directed city staff to suspend payments to KCSO. The city then countersued, filing a breach of contract lawsuit against King County and KCSO in the Snohomish County Superior Court on March 28. Burien claims that the sheriff’s office reneged on its contract with the city to provide policing services. Bailon also wrote to Cole-Tindall on April 10 requesting that Burien Police Chief Ted Boe be fired. Cole-Tindall denied his request, saying King County “cannot be party to retaliatory action” against Boe.
The basis of the fierce legal dispute between Burien and KCSO hinges in part on the Martin decision, which is now being challenged in the U.S. Supreme Court. On April 22, the court heard oral argument over the constitutionality of several anti-homeless camping ordinances introduced by the city of Grants Pass, Oregon. Considering the Court’s ultra-conservative supermajority, many legal observers expect it to overturn the Martin precedent, paving the way for cities like Burien to further criminalize homelessness.
Amid the legal battles, unhoused Burien residents say they face an increasingly hostile environment. The city has cut back on homelessness services, canceling its contract with street outreach provider REACH on March 7 and allowing the Sunnydale Village sanctioned encampment to close in February. However, some relief is on the horizon; Burien received $1 million on April 18 to support the redevelopment of a family shelter owned by Mary’s Place.
Alex Hale, a Burien resident who lost his house two years ago, said in a March 18 interview with Real Change that he longer recognizes the city he’s lived in for the better part of a decade. Hale is one of the three plaintiffs suing Burien over its camping ban.
“It’s hard enough trying to get back on your feet being homeless as it is,” Hale said. “And then they just keep you there and push you down harder. They’re just trying to run us out of their city — and, you know, it’s my city too.”
Guy Oron is the staff reporter for Real Change. He handles coverage of our weekly news stories. Find them on Twitter, @GuyOron.
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