Tag: Burien

Burien Racks Up Big Legal Bills Defending its Homeless Ban; More Glitches in Seattle’s New Workday Payroll System

1. The city of Burien spent more than $200,000 last year paying a Seattle law firm, Keller Rohrbach, to fight a lawsuit filed by a group of unsheltred people who challenged the city’s ban on sleeping outdoors last year. Keller Rohrbach’s billing statements, obtained through a records request, span 11 months of 2024; they do not include any invoices from this year, which would include preparation for an appearance in King County Superior Court Judge Michael Ryan’s courtroom last month.

The plaintiffs, who were forced to leave an encampment on Ambaum Blvd. in Burien in December 2023, sued to stop an earlier version of Burien’s much-amended ban on sleeping outdoors in the city. The older version of the law made it illegal to “exercise nontransitory exclusive control over any portion of nonresidential public property” but allowed an exemption if no shelter was available in nearby cities, including Seattle. (Burien does not have a year-round emergency shelter).

In January, the city completely banned sleeping or “residing” in the city without shelter at any time of the day or night, regardless of whether shelter is actually available.

Keller Rohrbach billed Burien between $325 and hour and $385 an hour for its attorneys, and $185 an hour for paralegal services. Last year, Burien budgeted $150,000 for outside legal services, a number that increased to $200,000 in the 2025 budget.

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2. Workday, the glitchy HR system the city of Seattle put in place to handle payroll for its 14,000 employees last year, recently began offering vacation time to employees, including interns, who are not eligible for vacation, PubliCola has learned. The time started showing up on the employees’ pay slips, and at least six people used the new option to take time off, the city’s Department of Human Resources confirmed.

The vacation time snafu is reminiscent of another Workday glitch last year, when the system began showing people that they had weeks of available military leave, even though they weren’t in the military.

More serious problems with the new system, which is being maintained by pricey consultants from Deloitte, have included inaccurate paychecks, missing paychecks, vanishing deferred compensation deposits, and inaccurate job classifications for people in temporary positions or working out of class in jobs where they were being paid more than in their regular assignments.

In addition to the vacation issues, Workday recently failed to pay about 300 temporary employees who are ineligible for city benefits and receive premium pay in lieu of those benefits.

A spokesman for the city’s human resources department, Antorris Williams, said the vacation issue resulted from a “Workday configuration” and was fixed on March 13. “A calculation issue in Workday’s setup caused” the premium pay issue for temporary employees, Williams said, and a city team is working to make sure those employees receive pay they’re owed.

The city “continues to address key issues related to Workday implementation to ensure accurate payroll processing,” Williams said. “Paying employees on time and accurately remains a top priority to the City. This large-scale transition has been very challenging, and we know these issues have a real impact on people.”

Unsheltered People Suing to Overturn Burien’s Sleeping Ban Get Their Day In Court

Image via City of Burien

By Erica C. Barnett

King County Superior Court Judge Michael Ryan heard arguments last week in a case several homeless Burien residents filed against the city, which recently criminalized sleeping or “residing” outdoors 24 hours a day, effectively banishing unsheltered people from the city.

Originally, the plaintiffs, who were forced to leave an encampment on Ambaum Blvd. in Burien in December 2023, sued to stop an earlier version of Burien’s much-amended anti-homeless law. That version barred people from “exercis[ing] nontransitory exclusive control over any portion of nonresidential public property” (whatever that meant) and created a map of areas where “living” was prohibited at all times—giving the city manager unfettered authority to expand the prohibited areas without notice.

In January, the city completely banned sleeping or “residing” in the city without shelter at any time of the day or night, regardless of whether shelter is actually available, passing the new law on an “emergency” basis just three days before the deadline for both sides to file requests for summary judgment (a ruling without a trial) in the case.

Two of the Burien residents suing the city, Elizabeth and Alex Hale, got a temporary room at a hotel after Elizabeth Hale was discharged from a hospital at some point after they were forced to leave the encampment, but it’s unclear from the court record if they returned to being unsheltered after that stay ran out. A third plaintiff, Carlo Paz, is still unsheltered in the city.

In court on Friday, Northwest Justice Project attorney Scott Crain, who represents the Hales and Paz, made three basic arguments against Burien’s law, which the city adopted on an “emergency” basis . First, he argued that the total ban on sleeping anywhere in the city amounts to a restriction on the right to travel that’s guaranteed in the US and state constitutions, because it prohibits people from “residing” or sleeping in any public space, at any time, throughout the city of Burien.

Second, Crain argued that the ban on sleeping constitutes cruel punishment under the Washington State Constitution, because it bans people from engaging in a biological necessity—sleep—if they have nowhere to live except outdoors.

And finally, in a claim Crain said is likely to be more of a side note in the case, the plaintiffs say the law violates their right to protection against search and seizure, because it empowers police to riffle through, confiscate, and throw away people’s property, including property inside tents and other types of temporary shelter, in violation of basic privacy rights.

Under the new law, “Simply laying down to sleep, out of public view and not blocking any public right-of-way is now a misdemeanor in Burien and a person may be arrested and their property removed without prior notice,” according to a brief from the plaintiffs. “Making Burien one’s residence when one does not have a home is also a misdemeanor, since it is a crime to ‘reside’ on public property even if no other place to reside exists in Burien.”

In response, the city of Burien said that the ban on sleeping or living outdoors in the city can’t be considered cruel punishment because it applies equally to everyone, from an unsheltered person to a wealthy homeowner taking a quick snooze on the beach. They also argued, vehemently, that it’s inappropriate to decide whether the ban is unconstitutional until after the city has started enforcing it. And they claimed that there’s no constitutional right for people to “set up residence and exclude others” from public spaces.

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“Courtrooms, for example, are ‘public property,’ and even imbued with public access rights,” Burien’s outside attorneys, from the Seattle law firm Keller Rohrback, wrote in a brief. “Yet it does not follow that a tent can be pitched in the courtroom, giving rise to a privacy right against intrusion. Similarly, the public may enter public health centers, city council meetings and tour of the governor’s mansion. It does not follow that these become private residences because a tent is quickly pitched.”

Judge Ryan dispensed with that last hypothetical pretty quickly—noting that all those examples are limited public forums, not truly public spaces like parks—and pushed back on the city’s claim that the ban on sleeping falls equally on homeless people and “outdoor enthusiasts,” as they put it in their brief.

“So if I’m out with my family and we’re having a beautiful … sunny day in the park in Burien… and I decide I’m going to take a doze, take a sleep on my towel, I’m in violation of the ordinance,” Ryan said.

“Yes, I think you could,” Burien’s attorney Adam Rosenberg replied..

“And I could be arrested.”

“I think you could,” Rosenberg said, then added that the example illustrated the point that discussing any possible outcome of the law would be a “completely conjectural” conversation. In reality, he said, “the criminal justice system is far better equipped to vet the facts, deal with defenses and to discern whether any punishment” should happen. In other words: Police, prosecutors, and courts can decide in the future whether every type of person should be arrested under the law, or just the homeless people who the Burien city council, city manager, and city attorney have repeatedly said are the law’s intended targets.

“Citizens have the right to know how laws are going to be enforced, so they can make decisions in in confidence, knowing they won’t be arrested,” Ryan said. “And so I just don’t think this Court can take solace in the city saying, well, we wouldn’t do it like that.'”

The judge then raised another hypothetical: What if every other jurisdiction in King County, or even Washington State, followed Burien’s lead and passed a blanket ban on sleeping in public? Wouldn’t that create “an entire class of individuals who are, effectively, refugees in their own state?”

“I think that it would probably be a matter of the criminal justice system if there’s if everyone passed this law and there was no one nowhere to go and no shelter,” Rosenberg responded. “The hope is that there is shelter. The hope is that there are options.”

In reality, there is no year-round walk-in shelter in Burien and no shelter beds at all for single men, who make up the large majority of unsheltered homeless people throughout King County.

Seattle/King County Coalition on Homelessness director Alison Eisinger, whose organization is a co-plaintiff in the lawsuit, said after the hearing that she was struck by Judge Ryan’s questions line of questioning about a theoretical countywide ban on unsheltered homelessness. “What if every jurisdiction in King County passed this ordinance? What if every jurisdiction in Washington State passed this ordinance? Where are people supposed to go?”

“I hope that there’s going to be justice in this case,” Eisinger said. “That will not, in and of itself, be in any way a solution, but the way we get to implement solutions that work is by recognizing that we’re ultimately talking about human beings and their communities.”

Burien, which will consider severe cuts to its human services department this year, doesn’t have to just “hope” for shelter, Eisinger noted; they could built it—especially if they weren’t spending potentially tens of thousands of dollars on outside attorneys to defend against multiple lawsuits related to the city’s homelessness policies.

Judge Ryan said he planned to take time to consider both sides’ arguments rather than ruling from the bench last week; he didn’t say how long he would take, but it could be weeks or months, Crain said.

In the meantime, SKKCH is supporting state legislation from Rep. Mia Gregerson (D-33, SeaTac) that would require cities with restrictions on “sitting, lying, sleeping, or keeping warm and dry” in outdoor public spaces to ensure that those restrictions are  “objectively reasonable as to time, place, and manner.” If the bill passes, it would effectively bar total sleeping bans like Burien’s, and require cities to set restrictions that are possible for people to comply with—without simply leaving the city.

 

City of Burien Makes Unsheltered Homelessness a Crime

By Erica C. Barnett

With surprisingly little discussion, the Burien City Council passed a new law on Monday night criminalizing unsheltered homelessness in the city. The law bans unsheltered people from “camping” or “storing property,” such as tents or sleeping bags, anywhere in Burien, including sleeping in vehicles, making it one of the region’s harshest anti-homeless laws.

The legislation, which the King County Sheriff’s Office confirmed it will enforce, was rushed through as emergency legislation—meaning that it will take effect immediately—because, according to Burien City Attorney Garmon Newsom III, it creates an “incentive” for homeless people “to actually accept the offer of shelter treatment, [and] if there’s housing, housing.”

Last year, Burien passed a new law barring unsheltered people from “camping” in the city at night, and created a map where sleeping at any time was banned. The law also gave city manager Adolfo Bailon unfettered authority to expand the boundaries of “areas protected from unsheltered homelessness” at any time.

The King County Sheriff’s office, which provides police services to Burien, challenged that law on the grounds that it violated a Ninth Circuit ruling that barred encampment sweeps unless shelter was available. The Supreme Court overturned that ruling in the case Grants Pass v. Johnson, and the sheriff’s office now says it will enforce the new ban. Driving the point home, the law specifies that “[t]here is no requirement that beds, housing, shelter, or treatment be available, offered, or sought before enforcement of this ordinance.”

Sheriff Patti Cole-Tindall said her office believes that “this ordinance, as written, is enforceable, as it no longer contains vague language found from the prior ordinances nor does it allow the city manager to rewrite the boundaries of the no-camping zones at any time without notice. That said, I am asking the men and women of the King County Sheriff’s Office to continue to lead, as they do each day, with outreach and compassion while continuing to engage with regional service providers whenever appropriate.”

Newsom called the sheriff’s previous refusal to enforce the ban an “emergency” in itself—one that outweighed the “concern” that “the weather does seem to be arguably colder than it might typically be.” The sheriff’s office, he continued, was still “in violation” of its contract to provide police services, “but [it’s] less about the money and more about the impact, which is that it allows people to not have the incentive to actually accept the offer of shelter, treatment, [and] if there’s housing, housing.”

The city, Newsom continued, has been more than generous with its homeless population, permitting two buildings for formerly homeless people—a 95-unit permanent supportive housing project for chronically homeless people, run by the Downtown Emergency Service Center, and a 90-unit building for low-income families that will be operated by Mary’s Place. “It’s not as though Burien has not done anything in support,” he said.

Last year, Burien replaced its outreach provider, the established outreach organization REACH, with a group started by a Kirkland real estate broker called The More We Love, which began as a business offering private sweeps at a price of $515 for each “camper” it removed.

Councilmember Stephanie Mora called the city’s earlier partnership with REACH  “a massive failure” that didn’t house people or take them off the streets. “So I was very excited when we were able to cut that contract and give it to a new provider who could provide housing, and has been providing housing” to unsheltered people in Burien, she said. “I don’t know if you guys have noticed, but our streets are cleaner. We don’t have encampments anymore. We don’t have tents outside.”

Although Bailon claimed TMWL “created” a previously unidentified “housing option” for people removed from Burien encampments, the organization has never publicly presented any evidence showing it has provided housing to anyone, or that the people it directs to available shelter beds have ended up in housing or treatment.

Burien does not have a year-round shelter, and a 95-unit permanent supportive housing building run by the Downtown Emergency Service Center is reserved for chronically homeless people with disabilities. DESC confirmed that The More We Love has not referred anyone to its apartments in Burien.

Ironically, given how often Burien leaders claim Seattle is sending its unsheltered people to their city, the encampment Mora celebrated The More We Love for resolving was only closed down after the King County Regional Homelessness Authority—not The More We Love—transferred people living outdoors in Burien to temporary lodging in Seattle. Another Burien-based nonprofit provided short-term hotel stays for a handful of encampment residents.

The concept that people prefer to be unsheltered than “accept” housing and services is a longstanding myth grounded in a paternalistic belief that homeless people are lazy, entitled, or just don’t want to follow rules, like prohibitions on alcohol and illegal drugs in shelters.

In reality, the number of unsheltered people eclipses the number of shelter beds, and unsheltered people frequently articulate specific reasons they don’t want to sleep in crowded rooms full of strangers, including the lack of privacy, theft and assaults, curfews, and dehumanization by staff. People with addiction and mental health issues may also be banned from shelters for exhibiting the symptoms of their diseases.

Three homeless Burien residents, along with the Seattle/King County Coalition on Homelessness, sued Burien over its previous ban, arguing that it was vague, overbroad, and unenforceable. This morning, the city of Burien filed a motion arguing that because the city has now passed a new law that bans sleeping outdoors or in vehicles without exceptions, any complaints about the previous law are moot, and that the only remaining issues are whether a ban on unsheltered homelessness violates state constitutional strictures against cruel punishment, unlawful search and seizure, or restrictions on the right to travel.

Yesterday, the ACLU of Washington submitted a letter to the Burien City Council opposing the new ban, noting that even though Grants Pass removed a legal restrictions on sweeping people when no shelter is available, “the Court also acknowledged the need for humane and reasonable approaches to homelessness. The decision does not mandate the criminalization of homelessness, nor does it absolve local governments of their responsibility to provide adequate shelter and services.”

Councilmembers Hugo Garcia and Sarah Moore voted against the ban. Garcia called it an “emergency that’s not really an emergency” that would further endanger families with parents who could soon be facing deportation under Trump’s sweeping anti-immigration plan, and Moore highlighted the cruelty of banishing people without offering them anywhere to go.

“I will not vote to become a city that practices banishment,” Moore said. “I will not vote to become a city that ignores the reality of people’s bodies existing in time and space. I will not vote to become a city that commits to future planning for shelters and housing while giving itself a pass to ban people now in the present. I will not vote to be a city that offers a severe weather shelter on a 32-degree day and exile on a 33-degree day.”

Burien City Manager Filed Complaint Against Council Member Over Tweets

Burien City Councilmembers Hugo Garcia and Linda Akey

By Erica C. Barnett

Note: This post has been expanded and updated since its publication.

Burien City Manager Adolfo Bailon filed a human-resources complaint against Burien City Councilmember Hugo Garcia earlier this year over a series of tweets Garcia wrote expressing concern about the number of high-level employees who had left the city.

Garcia’s initial tweet quoted a story in the B-Town Blog about then-Burien police chief Ted Boe’s testimony in a lawsuit challenging the city’s near-total ban on unsheltered homelessness, or “camping.” In his testimony, Boe said Bailon had demanded a new police chief after Boe refused to direct King County sheriff’s deputies, who provide Burien’s police service, to enforce the ban.

“🚩I’m concerned with continual departure of long time city employees since the arrival of our city manager and the interactions detailed in this article on how personnel [are] treated is a RED FLAG,” Garcia began, then listed four high-level employees who had left over the past 12 months.

“There is a good chance that our Chief of Police may too decide to leave sooner than later now too,” Garcia wrote. “Lawsuits, staff turnover, and deteriorating relationships [with] regional partners is bad.”

In his complaint, Bailon said Garcia had “made statements online that infer nefarious reasons for the departure of city personnel.” The city of Burien completely redacted the complaint, citing an exemption for “personal” information that would violate someone’s “privacy.”

UPDATE DECEMBER 16, 2024: After PubliCola appealed the redaction, the city provided an unredacted copy of Bailon’s complaint.

“I have submitted prior complaints against Councilmember Garcia due to prior statements made that were unsubstantiated, including a statement that work performed by the City ‘reeked of white supremacy,'” Bailon wrote.

“This is in addition to a verbal threat made by Councilmember Garcia in Fall of 2022 through telephone when he stated to me ‘if you start performing sweeps then you and I are going to have a problem.”

In 2023, Garcia commented that a proposal by other city council members to site a temporary homeless shelter in a low-income Latino neighborhood in order to keep it out of downtown Burien “reeked of white supremacy,” prompting Bailon to call Garcia’s statements  “baseless and slanderous in nature” in an email forwarding his complaint to Garcia. In the same email, Bailon suggested Garcia could be subject to “personal liability” in a potential lawsuit.

Garcia said Bailon claimed he was unaware of any concerns about high turnover at the city or the likely departure of then-chief Ted Boe. “He was like, ‘This is news to me. I’ve not heard that there’s an issue.'” Less than a month later, Bailon formally asked for Boe’s removal; Boe resigned to become the police chief of Des Moines in June.

After PubliCola posted this story on December 9, Bailon—who did not respond to our questions—ranted about PubliCola in response to a Burien resident’s letter to the editor of the B-Town Blog. After calling the resident a “a well-known and extreme political activist,”  Bailon accused me, by name, of supporting “the creation of a hostile work environment against subordinate public employees” and of failing to report on Garcia’s “slanderous statements” (which are quoted in this piece, although we do not agree they are slanderous.)

Bailon is apparently also still fixated on PubliCola’s reporting about his performance evaluation, which the city has refused to release. As we reported, the firm that performed the evaluation resigned its contract because, they said, the city wasn’t taking their recommendations seriously.

In his letter to the B-Town Blog, Bailon demanded to know why PubliCola hasn’t asked that “Councilmember Garcia release all documents related to any performance evaluations performed of him or his work while employed by King County.” (Garcia has not worked for King County since 2023). Bailon concluded by saying the lesson he learned from the Burien resident’s letter was that “I should exercise my right as a member of the public and submit my own request for public records to King County for all documents related to performance evaluations of Councilmember Garcia and his work.”

City councilmembers receive a “salary” of $750 but are essentially volunteers. Bailon makes more than $200,000 a year.

Garcia said he doesn’t know what, if anything, ever came of Bailon’s complaint against him. (The city of Burien has not responded to questions, but we’ll update if they do.) But he said he’s tired of being just one of two progressive council members, and the only one who is routinely shut out of internal meetings on city policy (sound familiar?)

Bailon told Burien staff and the rest of the city council that he would no longer meet with Garcia last September, despite the fact that Garcia—along with the rest of the council—is one of Bailon’s seven bosses.

“I have no support from the rest of the council or the mayor to get [Bailon] to act right,” Garcia said. “They’ve basically all shut me out.” He said he’s waiting until after the February election, when voters will decide whether to raise Burien’s minimum wage to about $20 an hour, before deciding whether to run again. But he said he’s come to believe he may be able to “do more good outside of the council, like I’ve been doing organizing and [working to pass] the minimum wage ordinance,” than on it.

The council has significant work ahead of it, including a planned levy to help address a growing budget gap and an ongoing debate over whether to slash the city’s human services budget in order to refill the city manager’s discretionary reserve fund.

Burien City Manager Filed Complaint Against Public Commenter; Seattle Library Hosts Another Anti-Trans Event

1. The Seattle Public Library is, once again, renting out public space to an organization dedicated to eliminating the rights of trans people—this time, a trans eliminationist group called Women’s Declaration USA, which will hold a panel discussion in the large auditorium of the Central Library downtown at 7 pm on Sunday, November 17.

Like other anti-trans groups, the WDI argues that being trans is an “ideology,” and that their goal is to stop people from believing they are trans, not to eliminate specific trans people. However, their policy prescriptions are dangerous for trans women, in particular, making them potential targets for anti-trans violence and subjecting them to legal discrimination. For example, the group supports banning trans women from using all women-only spaces as well as girl’s and women’s sports; one of the speakers at next week’s event, April Morrow, recently wrote that allowing trans women to be jailed with other women will subject cis women to attacks by “serial killers, pedos, and rapists.”

According to the invitation, WDI’s event will include discussions about “the atrocity of pediatric sex change”; a rehash of the Olympus Spa case, in which a trans woman sued a Tacoma women’s spa for kicking her out; “K-12 indoctrination”; “how women’s prisons in Washington state are no longer safe for women due to the inclusion of men,” and other inflammatory topics. (In fact, trans women in men’s prisons are at high risk for sexual assault, forced prostitution, and other dangers. According to The Marshall Project, just 10 of the approximately 1,000 trans women in federal prison are incarcerated in women’s prisons.)

The panel will include six different anti-trans activists, including Morrow; Amy Sousa, who argues that “the cult of trans ideology is one of body dissociation and external validation seeking”; detrans activist Elle Palmer; and Carol Dansereau, an activist who argues that parents should avoid “affirming” their gender-nonconforming kids’ gender identities and raise them as the sex they were assigned at birth.

Echoing a blog post the library posted last month, library spokeswoman Laura Gentry said, “Unless speech expressed by a group booking a Library meeting room directly incites imminent criminal activity or comprises specific threats of violence, it is protected by the First Amendment of the U.S. Constitution.

“The Seattle Public Library works hard every day to support and amplify the voices of vulnerable or historically excluded groups, including trans and queer communities,” Gentry added.

The directors of Capitol Hill Pride and Lynnwood Pride, Charlotte LeFevre and Philip Lipson, asked the library to cancel the event, arguing that members of WDI are associated with far-right militia groups. In response, library director Tom Fay said the library couldn’t cancel the event, but doesn’t endorse the views of WDI or any other group; he also noted that WDI agreed to hold their event after hours “to mitigate potential disruption and address concerns from staff,” and that the library will have additional security, including Seattle Police Department officers, on hand.

The library hasn’t figured out how much it will cost to have extra security, including police, on hand for the event, but Gentry said the funding for security comes from SPD’s budget, not the library’s. WDI paid $1,150 to rent the auditorium, including a $250 security fee.

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2. The state Public Disclosure Commission has dismissed a complaint against a Burien resident by Burien City Manager Adolfo Bailon, who accused Rashell Lisowski of violating state law during a Burien City Council public comment in October, when she urged the council to pass legislation raising the city’s minimum wage to $20 an hour instead of sending the proposal to voters.

During the meeting, Burien City Attorney Garmon Newsom II told Lisowski to stop “campaigning for an initiative.” She did not urge a yes vote on the measure, but did say Burien residents supported a higher minimum wage.

In addition to asking the council to pass the higher minimum wage, Lisowski—who owns a small business in Burien and works for Washington Community Action Network—used her two minutes to talk about her personal experience working for low wages in the service industry.

Lisowski said it was her first time speaking at a city council meeting, and she found the way the city attorney and city manager “zoomed in on me” shocking. “I didn’t know why they were treating me like that,” she said. “If I wasn’t someone that had been in public speaking situations or had experience dealing with people treating me like that, I would have felt very intimidated and silenced. …  I’m a constituent, and they treated me like I had no stake at all in the community.”

The state’s Open Public Meetings A/ct prohibits elected officials and public employees from using public facilities, or allowing them to be used to promote political campaigns. The PDC dismissed the complaint because Lisowski is not a public official, and noted in their dismissal—issued just one week after Bailon filed his complaint—that it’s up to the presiding officer of the city council to stop people from electioneering, meaning that Burien Mayor Kevin Schilling, rather than any member of the public, could be liable if he let people use public comment to campaign.

In his complaint, Bailon described Lisowski as “the perpetrator” and provided “screenshots of the Washington Community Action Network website that promotes Ms. Lisowski as an organization employee [and] a website screenshot hosted by the Transit Riders Union, sponsor of Initiative Measure 24.001, that promotes involvement from Ms. Lisowski in their campaign effort.” According to Burien budget documents, Bailon made $225,000 as city manager this year.

 

 

Judge Dismisses Sheriff’s Lawsuit Over Burien’s Homelessness Policy

Burien’s Town Square Park, as seen from City Hall

By Erica C. Barnett

US District Court Judge Richard A. Jones dismissed a lawsuit by the King County Sheriff’s Office against the city of Burien over the city’s recently adopted ban on sleeping in public spaces, finding that the county, along with Sheriff Patti Cole-Tindall herself, lacked standing to bring the case to federal court.

The sheriff’s office sued the city of Burien back in March, arguing that the office, which provides police services to Burien under a contract, should not have to enforce an unconstitutional law. Their constitutional argument rested largely on a ruling in a case called Martin v. Boise, in which a panel of 9th Circuit District Court judges ruled that it’s cruel and unusual punishment to sweep unhoused people from a location if no appropriate shelter is available. The US Supreme Court overturned that ruling in June.

Burien quickly countersued, claiming the county had broken its contract with the city by refusing to enforce the camping ban. That case got elevated to Jones’ court along with King County’s case, but, in a separate order, Jones sent it back to its original venue, Snohomish County Superior Court.

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King County, according to Judge Jones, failed to demonstrate that it faced “injury in fact” from the ordinance, since the county filed its challenge “prior to the enforcement” of the law. Jones ruled that Cole-Tindall herself lacked standing because she failed to demonstrate any direct exposure to civil lawsuits or discipline from a law that her office had not enforced. The county, in other words, can only prove they’ve been harmed after they enforce the law—and since their policy has been not to enforce the law, they can’t sue over its enforcement.

A spokesman for the sheriff’s office said the decision “leaves unresolved important constitutional concerns that motivated the Sheriff to pause enforcement of Burien’s ordinance.”

The county, the spokesman said, has given feedback to about “what fixes would be necessary to allow enforcement of the ordinance and, before the court’s decision, the City of Burien indicated they may now be interested in addressing the issues. The Executive and Sheriff continue to be willing to partner with the city to enact an ordinance that can be enforced without violating the constitutional rights of Burien’s residents and we hope to see a resolution.”

On Wednesday, Cole-Tindall sent a letter to Burien Mayor Kevin Schilling (a city councilmember) saying the county “remains willing to meet and discuss public camping regulations.”