Tag: King County Sheriff’s Office

Courts, homelessness, King County

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.”

homelessness, King County, Police

Afternoon Fizz: Meanwhile, In Burien…

Thought things had quieted down in Burien? Not a chance. The sheriff is out, the city manager has 911 on speed dial, and the council is still looking for ways to ban a tiny house village.

1. Burien Police Chief Ted Boe resigned from his position on Monday after nearly three decades at the King County Sheriff’s Office, which provides Burien’s police force through a contact. On Wednesday, the city of Des Moines announced that Boe will be its new police chief.

The news came two months after Burien City Manager Adolfo Bailon informed Sheriff Patti Cole-Tindall that he planned to look for a new police chief because “I can no longer state that I trust Chief Boe” to enforce the city’s laws—specifically, a law that passed earlier this year banning unsheltered people from sleeping or “living” in public anywhere in the city. The sheriff’s office sued the city over the ban earlier this year, calling it unconstitutional.

Boe was widely liked and respected among Burien residents and his own officers, dozens of whom signed a letter expressing “no confidence” in Bailon and Burien Mayor Kevin Schilling, who claimed the sheriff’s office (and, by extension, Boe) was directly to blame for overdose deaths at encampments.

In a statement to PubliCola, Sheriff Cole-Tindall called Boe “an exemplary leader [and] a valued member of the command staff, evidenced by the staunch support of the community he serves and the officers who have served under him during his six years as the Burien Police Chief.”

Bailon did not respond to PubliCola’s questions, but a spokesperson for the city of Burien sent a statement in which he thanked Boe for his six years as police chief and said the city would work with the sheriff’s office on the selection process for a new chief.

2. As his police chief looked for other jobs, Bailon was busy calling 911 to report apparently homeless people in the park next to City Hall for alleged offenses such “setting up a tarp,” “not moving along,” walking up to a van, “refusing to leave,” possessing “bongs, foil, etc.” and having their head under a towel, “so probably hi[gh].”

The 911 logs come courtesy of a PubliCola reader who requested Bailon’s calls for emergency services. Over the course of five week earlier this year, Bailon called 911 42 times, or more than once, on average, every work day.

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According to the records provided by the sheriff’s office, Bailon frequently called 911 when he felt people were violating the camping ban or using drugs; many of the dispatchers’ notes say Bailon confirmed that the people he was watching were high, or said they were setting up “tarp encampments.”

Most of the records include officers’ comments describing what they found when they responded to Bailon’s calls. “There were three uninvolved males who were under a tarp but it was not a camp,” one typical note says. “I advised them they were fine so long as they did not set up a camp and wished them a good day.”

“People were there waiting for the person who stores their stuff to arrive,” another note reads. “I smel[led] burnt pill but no one had paraphernalia. Very friendly and. understand group was educated of the camping laws and general trespass info. They were cleaning up to move.” None of the calls appear to have led to an arrest, and several were downgraded in priority after officers responded.

3. The Burien City Council still has not approved a tiny house village that has, most recently, been proposed for a property owned by Seattle City Light near SeaTac Airport.

 On Monday, June 3, the council punted on legislation that would effectively ban the tiny house village by setting the maximum lot size for transitional housing at two acres—less than half the size of the City Light lot. Councilmember Linda Akey asked for additional study to make sure two existing transitional housing sites that serve women would still be legal, and Councilmember Stephanie Mora proposed a new amendment requiring all transitional housing units to have “permanent foundations,” which would permanently prohibit all tiny house-style modular shelters from the city.

homelessness, housing, King County, Police

Burien Proposes Transitional Housing Ban that May Violate State Law
Burien police chief Ted Boe.

By Erica C. Barnett

The Burien City Council discussed legislation Monday night that would ban transitional housing, including tiny house villages, within 500 feet of any school, park, day care, playground, or recreational facility, but—at the last minute—decided to hold off on approving it until they can figure out whether state law prohibits their plan. The original proposed amendment, from Councilmember Stephanie Mora, set the radius at 1,000 feet.

If passed, the ban would likely doom a planned tiny house village on property owned by Seattle City Light near SeaTac airport, because the land is located within 500 feet of private Kennedy High School, whose students have been a focus of “protect the children”-style objections to the proposed drug-and-alcohol-free village. Even without the ban, the legislation (as amended, also by Mora, last week) would prohibit the village unless the council amended it, because it restricts transitional housing to parcels much smaller (2 acres max) than City Light’s property.

It’s unclear whether the proposed restrictions would be legal.

During the meeting, council members as well as Burien’s city attorney, Garmon Newsom II, brought up a state law passed in 2021, HB 1220, that prohibits cities from banning transitional housing and shelter in residential areas, although he described it inaccurately—first saying that it only applied in areas where hotels are allowed (Burien, notably, has no hotels); then clarifying that it also said cities must allow transitional housing in residential zones, but that it was fine to bar it in “specific locations” because “we’re not excluding an entire zone. We’re just creating areas where these types of facilities may not be allowed.”

 

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The legislation, sponsored by state Rep. Strom Peterson (D-21, Edmonds) says: “A city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed.”

The law goes on to allow cities to impose “reasonable” spacing and occupancy requirements. However, it does not appear to allow the kind of blanket ban Burien is now considering, according to Futurewise director Alex Brennan, whose organization was a key advocate for 1220. “The intent was just what the bill says—you have to allow transitional housing, permanent supportive housing, et cetera, anywhere that you allow residential,” Brennan said.

Rep. Strom Peterson (D-21, Edmonds), the lead sponsor of HB 1220, said the intent of his bill was to require cities to allow transitional housing, affordable housing, and shelter anywhere housing or hotels are allowed. “People should be allowed to live where people are allowed to live. Whether you’re making a million dollars a year or can spend $500 a night in a five-star hotel, or you’re someone who is much less fortunate, you should be able to live in the same area,” Peterson said. “I don’t see how a blanket ban like that follows the law.” Continue reading “Burien Proposes Transitional Housing Ban that May Violate State Law” →

Courts, homelessness, King County

Burien Moves Forward on Tiny House Village as Mayor Vilifies Police Chief for Not Enforcing Camping Ban

 

Burien Mayor Kevin Schilling

By Erica C. Barnett

The Burien City Council advanced a zoning change during its meeting last night that would allow a tiny house village on a piece of property owned by Seattle City Light. The zoning rule, as amended by the council, will allow future transitional housing only on properties between one and two acres, and will cap the size of such housing at 30 residents—a change that cuts the potential size of the long-planned tiny house village by half.

Before voting for the zoning change, Burien Mayor Kevin Schilling complained at length about the “previous council” and King County, which has offered $1 million to fund the project, saying that the proposal “was thrown at us” by the county with no room for dissent.

“What we have the ability to do here is amend that ridiculous process that happened last year from the county,” Schilling said. “We are making decisions about the future of land use in the city of Burien, not just for this one singular project, which was not organically decided by our planning commission or our city council. It was something that was shoved to us by the county without any flexibility. So we have an opportunity here to reverse the process.”

The council voted 6-1 (with Stephanie Mora dissenting) to place the rezone on next week’s consent agenda, after a public comment period in which two veteran Burien police officers denounced City Manager Adolfo Bailon and the council for demanding the removal of longtime Burien Police Chief Ted Boe. Boe works for the King County Sheriff’s Office, which provides police services to the city under a contract; Sheriff Patti Cole-Tindall recently sued the city after the council banned sleeping or “living” outdoors 24 hours a day.

Boe provided a statement supporting the lawsuit, which claims the ban violates the 8th and 14th Amendments, and has not been enforcing the law.

Both officers who spoke said they were speaking on their own accord and did not tell Boe they planned to testify on his behalf.

“I cannot sit back and let one man be insulted, demeaned and vilified for issues that are clearly failures by the city government for the last several years,” Officer Mark Hayden told the council. A second officer, Henry McLauchlan, said that if the city ousts Boe, it will result in an officer exodus to “more supportive organizations within the county. … Nobody, except the least senior deputies and sergeants, will be forced to work a place that does not support constitutional policing.” 

Schilling has claimed repeatedly (including a meeting of the council majority that apparently violated the state Open Public Meetings Act last week) that Boe could simply choose to “enforce the parts of the ordinance” that ban unsheltered people from occupying public space during the day. (In city manager-council governments like Burien’s, the council picks one of their members to serve as mayor every two years, and the city manager serves as the executive.)

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In fact, the total ban the council passed last year “repeal[s] and replace[s]” the older law. Boe has no legal authority to enforce a law that doesn’t exist, even if the council later regrets repealing it.

Schilling also claimed, during an interview on KIRO Radio, that the city never stopped paying the King County Sheriff’s Office for its services (as Bailon, in fact, directed city staff to do in response to the lawsuit earlier this year). “The only part that we’re not paying them for is the part that they’re not enforcing,” Schilling said, referring to the homeless ban. “So we’re not paying for that element of it because they’re not doing their job.” 

A spokesman for the sheriff’s office, Captain Cory Stanton, said the office has not billed Burien yet for the first half of 2024, so there is no way to know yet whether they plan to pay their bills for police service, and how much. “The fact is, we’re going still provide [police] services to the city of Burien, and if they don’t pay, that’s a conversation the command staff will have to have,” Stanton said.

It’s unclear how long the tiny house village will be able to stay at the City Light property, assuming the council approves it next week. The city has delayed approval of the project, which includes a $1 million no-strings contribution from King County, for most of the last year. PubliCola has reached out to City Light for more information about how long the property will be available and will update this post when we hear back.

homelessness, King County, Police

As Burien Countersues Over Homelessness Ban, Another Unsheltered Person Dies Downtown
Burien’s map showing where unsheltered people are banned at all times is misleading in one key respect—most of the light-gray areas (which are not restricted) do not include public spaces large enough for people to set up tents or sleep without violating other city rules, so the actual restricted area is much larger than the map suggests.

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.

homelessness, King County

Burien Officials Make Threats, Cast Blame—But Continue to Defend Their Ban on “Living” in Public

By Erica C. Barnett

Burien city officials escalated the drama over the city’s total ban on “living” outdoors last week after King County Sheriff Patti Cole-Tindall sued the city for what she called the city’s “unconstitutional” new law. As we reported last week, City Manager Adolfo Bailon immediately responded to the lawsuit by instructing employees to stop paying the sheriff’s office, which serves as Burien’s police department. (The move makes Burien, ironically, the first local city to actually defund its police.) Bailon also canceled the city’s recently signed homelessness outreach contract with REACH, leaving Burien without any professional homeless outreach services.

On Thursday, a man died in an encampment in downtown Burien; his body was discovered by outreach workers from REACH. Burien officials  immediately politicized the tragedy.

Speaking to the B-Town Blog, Burien Mayor Kevin Schilling lashed out at Cole-Tindall and a nonprofit run by a former city council member that ran a short-lived sanctuary encampment at a local church. Schilling said the man’s death, from an overdose, was a “direct result of the Sheriff’s Department and the County Executive suing us so they don’t have to enforce our common sense tent regulating measure, as well as not enforcing drug laws in the Downtown core. … I sure hope the Sheriff and County Executive staff taking their roles seriously, and stop wasting taxpayer time and money with their stunts that are leading to deaths.”

“We do not have capacity to provide continual management and oversight of conduct in encampments of unhoused persons that have been part of the community for the entire time I have worked with the City.”—Burien Police Chief Ted Boe

The new ban on “living” in public spaces includes appearing in public with any “indicia of camping,” including blankets, sleeping bags, and cooking equipment.”

The sheriff’s department has repeatedly told city officials that their priority is 911 calls and serious crimes, not the presence of homeless people in Burien. In a deposition last week, Burien Police Chief Ted Boe said his deputies spend most of their time responding to emergency calls, which “means we do not have capacity to provide continual management and oversight of conduct in encampments of unhoused persons that have been part of the community for the entire time I have worked with the City.”

Boe, who has been Burien’s police chief since 2018, said he had no issues getting people living unsheltered in Burien to “voluntarily move” when asked— until the city council hired Bailon in 2022.

Starting that year, Boe said, Bailon “put continual pressure on me to redeploy resources away from other public safety matters such as 911 calls and to address several non-criminal aspects of camping. I requested he provide support for addressing non-criminal behaviors to prevent police from being responsible for managing camp rules.”

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Boe also revealed that during a recent conversation with Bailon, the city manager told him he “would be demanding that I be removed as the City’s Chief” and replaced by someone who would be willing to accede to Bailon’s demands.

Another option the city is reportedly considering: Hiring their own police force, and ditching their contract with the county. This, however, would almost certainly be more expensive than the county contract. When the city looked into creating its own police force in 2011, a consultant concluded that it would cost between 12 and 35 percent more for the city to fund a similar level of service. Policing makes up about 45 per cent of Burien’s annual general-fund budget.

“I have grown to love this community and it is upsetting to have this assignment taken away for doing what I not only believe is right, but what I think our courts expect me to do as a police leader in Washington,” Boe said in his deposition.

At tonight’s Burien City Council meeting, the council will discuss a proposal to take away federal ARPA dollars that the council allocated to a day center for homeless Burien residents at Highline United Methodist Church last year. Opponents of providing shelter and services to homeless Burien residents have made similar arguments against providing them an indoor space to be (and access services) during the day, claiming that they will bring drugs and violence into the area.