
By Erica C. Barnett
An encampment on property owned by the city of Burien could be swept as soon as this week, after a nonprofit animal shelter run by the director of Discover Burien, a local business group, secured the right to lease the property from the city starting on June 1, and—according to Burien City Manager Adolfo Bailon—evict the people living there. The shelter, Burien CARES, has said it plans to “revert” the property, which had been an informal dog park, “back to its most recent use by the community as a dog recreation and relief area.”
The encampment was originally located next to City Hall and the downtown Burien branch of the King County Library system, but was booted earlier this year after the condo association that owns the property, whose sole members are the library and the city, voted to make the area around the building a “no-camping” zone. Encampments are also banned in all city parks, limiting where people can legally sleep to bits of city-owned property like the one Burien CARES now plans to lease.
“If the city had taken the responsibility and said, ‘here’s a spot for the people living at City Hall,’ and put up some boundaries, [the encampment] probably wouldn’t have grown,” said Nancy Kick, a Burien resident and activist who opposes sweeping the encampment. “This was all foreseeable; if you don’t create a solution, then the solution creates itself. It’s going to just be what it is and you can’t control it at all.”
Although local advocates and outreach groups have asked King County and the King County Regional Homelessness Authority to help secure housing or shelter for the dozens of people who will be forced to move their tents elsewhere in Burien if the sweep takes place, those efforts have been unsuccessful.
Earlier this month, KCRHA director Anne Martens told PubliCola agency staffers have been meeting with outreach, shelter, and advocacy groups, as well as the city of Burien, and “continue to work together to seek housing and shelter placements.” However, as of last week, those talks hadn’t resulted in a solution for the dozens of people who stand to be evicted from the site this week.
Last week, King County Executive Dow Constantine informed the city of Burien that the county sheriff’s department, which provides Burien’s police force, would not help Burien CARES or city officials remove encampment residents from the property.
“Although the City currently owns the City Lot, it has not identified housing alternatives for the persons who live there despite constitutional duties imposed on the City under federal law,” the letter, signed by Constantine’s general counsel, David Hackett, says. “Instead, the City is attempting to circumvent those duties by entering a lease with a private party, who will maintain and continue the use of the City Lot as a public dog park while attempting to use criminal trespass to force unhoused persons from the premises.”
Meanwhile, the Burien City City Council has scheduled a special meeting for Tuesday, May 30 to discuss—among other combatively worded agenda items—”the best response to the fact that Burien is one of the few, if not the only, jurisdiction other than Seattle to welcome a DESC facility, and yet King County refuses to help Burien help the unhoused” and “the value of the contract for King County Sheriff’s Office services since the Sheriff’s Office refuses to provide police services.”
Under a 2019 federal circuit court ruling called Martin v. Boise, governments can’t force people to move from public property if there is no suitable shelter available. Burien’s approach of leasing out its land and having its tenant evict encampment residents represents an attempt to “evade the holding in Martin,” Hackett wrote, because the land is still city property—and the city hasn’t offered the homeless people living there anywhere else to go.
Burien disagrees with this, arguing that the city doesn’t have an ordinance banning people from sleeping on city property in general, just parks, and that the city is “not asking for or seeking criminal penalties, fines, or even arrests” for the people it wants the sheriff’s department to assist in removing from its property.
Gallagher, a spokesman for Constantine, said the county has “continuously engaged with the City of Burien throughout the past few months to help the city identify a solution that meets the needs of our shared residents. Homelessness is a regional problem, and every jurisdiction plays a part in finding solutions. But that regional aspect doesn’t alleviate cities from the responsibility of serving their residents and taking action directly in their community.”
Last year the Burien City Council approved a new Downtown Emergency Service Center project that will provide 95 units of permanent supportive housing, with 30 percent of the units reserved for Burien residents. However, that building won’t come online until next year.
Meanwhile, the Burien City City Council has scheduled a special meeting for Tuesday, May 30 to discuss—among other combatively worded agenda items—”the best response to the fact that Burien is one of the few, if not the only, jurisdiction other than Seattle to welcome a DESC facility, and yet King County refuses to help Burien help the unhoused” and “the value of the contract for King County Sheriff’s Office services since the Sheriff’s Office refuses to provide police services.”