By Erica C. Barnett
The Burien City Council capped off 2023 by holding an executive session last Monday to discuss “litigation or legal risks” associated with a new church-based encampment in the city, whose nighttime outdoor sleeping ban went into effect December 1. After the city swept a longstanding encampment where many of Burien’s unsheltered residents had been living, a number of people moved into a structured encampment at Oasis Home Church that has been operating since November 1.
Burien City Manager Adolfo Bailon, along with City Attorney Garmon Newsom II, has insisted that the encampment can’t operate without a temporary use permit would limit encampment operations to no more than 60 days in any calendar year.
“Oasis Home Church remains in violation of the city’s zoning codes,” which do not allow encampments, Bailon said at last week’s council meeting. “Oasis Home Church continues to refuse to acknowledge the rights afforded to the city of Burien to protect public health and safety. … The city is not aware of how, if at all, public safety is being addressed at Oasis Home Church. We do not know of any protections in place to protect the people in the encampment and at the community at large.”
In a letter dated November 30—the day before Burien’s sweeping encampment ban went into effect—Burien assistant city attorney Ndiabou Diagana explained why the city believes it can restrict a church from hosting a homeless encampment, which is explicitly allowed under state law. Acknowledging that the state law supercedes city codes, Diagana argued that the city still has the right to require a temporary use permit because the law only prohibits cities from enforcing laws that pose a “substantial burden” on their free exercise of religion (emphasis in letter.)
One irony of the city’s decision to challenge the encampment so publicly is that many council members who voted for the sleeping ban have repeatedly said that religious and private charities, not the government, should bear the burden of helping homeless people in the city.
“Asking for a temporary use permit to know how, where, how long, and in what fashion the encampment will be run is reasonable, within Burien’s Washington State Constitution Article XI, Section 11 authority to protect health and safety, and not a substantial burden,” Diagana wrote. “Even Washington’s Religious Freedom provision prohibits practices inconsistent with peace and safety. The temporary use permit is a tool that municipalities use to ensure peace and safety.”
The thing supposedly threatening “peace and safety,” in this case, is an encampment intended to provide some sanctuary and safety for people who are homeless in a city that has effectively banned homelessness, which is precisely the type of situation that led to the law allowing churches to host encampments in the first place. One irony of the city’s decision to challenge the encampment so publicly is that many council members who voted for the sleeping ban have repeatedly said that religious and private charities, not the government, should bear the burden of helping homeless people in the city.
Oasis Home Church’s lead pastor, Mark Miller, did not respond to a request for an interview.
In its letter, the city also argued that the two-month limitation shouldn’t be a problem for the church, since the encampment’s supporters have already said it would be temporary. But this is being cute: If the church agreed to a 60-day limitation, it would have to shut the shelter down on December 30, just one month after Burien’s encampment ban went into effect.
The city declined to respond to a list of questions from PubliCola; a spokeswoman said the city could not comment on legal matters. It’s unclear if the city plans to sue the church or the Burien Community Support Coalition, a nonprofit started by Councilmember Cydney Moore. Moore, who lost her reelection bid, was excluded from the executive session because, according to City Attorney Newsom, she would be a “party” to any future legal action.
Before joining most of the council in closed session, Newsom accused Moore of misrepresenting her connection to the encampment, charging that she “denied entry to a member of the press who was attempting to enter this site.” The “member of the press” Newsom was referring to was Jonathan Choe, a self-appointed provocateur and staffer for the right-wing Discovery Institute who takes iPhone videos of himself confronting homeless people and activists and posts them on X. Choe’s video of his encounter with Moore shows him attempting to enter the fenced encampment and Moore asking him to leave.
Laws against trespassing, along with basic ethical standards, generally prevent members of the press (and general public) from non-consensually entering privately operated shelters, sanctioned encampments, transitional housing for domestic violence victims, and other places where homeless and formerly homeless people live.