By Erica C. Barnett
On Thursday, the city of Burien sued King County and the King County Sheriff’s Office for breach of contract, seeking to force the sheriff’s office to drop their own federal lawsuit against the city. In its complaint, the city claims the sheriff’s office breached an agreement to provide police services to the city by refusing to enforce a recently passed camping ban.
That law prohibits people from sleeping or possessing “indicia of camping,” such as sleeping bags, in public spaces at all hours of the day or night unless there are no shelter beds available. It also bars homeless people from “living” within a 500-foot radius of all parks, libraries, schools, day cares, and other public facilities under any circumstances—effectively banishing them from most of the city.
Two weeks ago, King County Sheriff Cole-Tindall filed a lawsuit against the city, claiming the ban on “camping” violates the constitutional rights affirmed in a landmark case called Martin v. Boise, which prevents cities from banishing homeless people from public spaces unless adequate shelter is available. Burien has claimed shelter is “available”—just not in Burien. A group of unsheltered Burien residents also recently sued the city, charging that new “camping” ban violates the state constitution.
On Friday, another unsheltered man died in downtown, reportedly of an overdose, PubliCola has learned—the second death in the encampment in less than two weeks, and the first since the city announced it was terminating its contract with REACH, which provided outreach and case management to people living unsheltered in Burien. The King County Medical Examiner’s Office did not immediately have more information about the death.
In a statement announcing the lawsuit, the city said the county had had “placed its judgment over that of Burien’s duly elected officials; denied the City of Burien its authority to assist and protect Burien residents, businesses, and property; prevented Burien’s City Manager from providing direction to the contract police as stated in the Interlocal Agreement [between Burien and the county]; and interfered with Burien’s effort to provide guidance for the unhoused within the city’s boundaries.”
A spokesman for the sheriff’s office said, “The constitutionality of Burien’s anti-camping ordinance is squarely before the federal court. Burien’s attempt to avoid a binding judgment by filing a lawsuit in Snohomish County is just a misguided distraction as we await decision from the federal court.”
A spokesperson for the city of Burien responded to PubliCola’s questions by sending a link to a web page the city has set up about the lawsuit.
The lawsuit asks the Snohomish County court to require King County to drop its lawsuit against the city, participate in a resolution process that could force the sheriff’s office to enforce the law, and pay the city damages and attorney’s fees.
Those fees could be substantial, because Burien has hired a large downtown Seattle law firm, Williams, Kastner & Gibbs PLLC, to represent them. It’s unclear how much Burien has budgeted for the case, including attorneys’ fees and other costs the city could incur if it loses; as the city’s chief executive, City Manager Adolfo Bailon can issue contracts of up to $50,000 without a public process or council approval. The city faces a $2 million budget cliff next year.
Burien City Manager Called 911 Dozens of Times
Over the last year, Burien’s approach to homelessness has seemed to focus primarily on making the city an inhospitable place to live. For the last year, the city has swept a group of unsheltered people from location to location while delaying action on a shelter that would provide them with a place to go.
City officials have also tolerated individual actions designed to drive homeless people out—or participated themselves.
Public records shared with PubliCola reveal that City Manager Bailon called 911 at least 45 times last year. PubliCola has reviewed summaries for 10 of these calls, which all concern people located just outside Burien’s downtown library and City Hall. In one call, Bailon reported seeing a person with their head “under a towel” and three tents set up in violation of the city’s encampment ban; in another, he told the 911 operator he had been watching a man wandering around and yelling for a while but had finally called in because his “butt [was] exposed.” Another call involved a man “adjusting his pants a lot but pulling them lower and lower” while kids played nearby; in another, Bailon reported seeing people in the park with “bongs, foil, etc.”
Last month, City Councilmember Linda Akey was caught on video berating a group of unsheltered people outside her downtown condo, yelling, “I live here and you do not belong here and threatening to call the police.
And, more recently, Taproot Church—whose mission is “to glorify God and enjoy him forever by making disciples of Jesus Christ”—set up a large spotlight in its parking lot and aimed it at the group of tents; the light, which is powered by a noisy generator, reportedly floods the encampment all night.