King County files complaint over Burien's anti-camping legislation
BURIEN, Wash. - King County Sheriff Patti Cole-Tindall and King County filed a legal complaint against the city of Burien questioning the constitutionality of the city's new public camping ban.
Last week, the Burien City Council voted 5-2 to expand its already-existing public camping ban.
The first ordinance, passed in Sept. 2023, prohibited sleeping or residing on public property between 7 p.m. and 6 a.m., but then unhoused individuals would need to go into a shelter space overnight.
However, the new ban that passed expanded to prohibit public camping around the clock.
"After completing a legal analysis of the ordinance, the Sheriff’s Office has serious concerns about the constitutionality of the ordinance, especially when the exclusion zones are determined solely at the discretion of the City Manager and can be changed at any time.
The complaint was filed in a U.S. District Court and asks a federal judge to weigh in on the constitutionality of the ban.
The complaint also asks a judge to determine if the Sheriff's Office should move forward and "enforce unconstitutional laws." The city contracts with KCSO to provide public safety services.
"The ordinance significantly departs from a previous anti-camping ordinance to essentially ban individuals from engaging in vaguely defined "living space" activities in large parts of the city at any time of day, for any purpose, and brings with it serious questions of the law’s enforceability and constitutionality," KSCO wrote.
FOX 13 has reached out to the city of Burien for comment and has yet to hear back.
'We may be homeless…but we still have rights': Unhoused woman sues Burien on no camping law
Three unhoused people are suing the City of Burien over its no-camping ordinance, claiming it is unconstitutional. The ordinance prohibits sleeping or residing on public property between 7 p.m. and 6 a.m. The complaint argues that this law effectively forces people out of the city and criminalizes their state of being unhoused.
"The promise I made as a sworn peace officer calls on me to preserve, protect, and defend the Constitution. Doing our job for the communities we serve requires legal clarity on the constitutionality of the laws we’re asked to enforce," said Sheriff Cole-Tindall in a press release. "When Burien hastily passed this new ordinance without consulting with us or legal experts, they put the rights of their residents in jeopardy. A ruling from the Court is a crucial step in ensuring that the rights of all people within our jurisdiction are protected and upheld, and our deputies have the guidance they need to do their work."
Earlier this year, several unhoused people living in Burien sued the city over its no-camping ordinance, claiming the same issues of constitutionality as the county did.
FOX 13 spoke with two of three people who were suing. In their complaint, they say they fear they would be arrested for setting their belongings down or would face criminal charges for seeking shelter from the elements if they were on public property and perceived to be "camping."
"We may be homeless people, but we still have rights," one person said. "We're still people, and we deserve a roof over our head. We deserve to be safe and deserve a safe place to live."
"We're not dangerous," the other said. "We're not here trying to hurt anybody. We're just trying to survive."
Critics of the measure claim that the city of Burien is criminalizing homelessness.
The case of unhoused residents suing will likely go to trial in Jan. 2025.