Councilman: Ordinance would establish new right to camp on public property

Seattle council members introduced legislation on Tuesday that would change the city's current practice of encampment sweeps.

The legislation comes as residents' concerns rise about an ordinance drafted by the ACLU and Coalition on Homelessness that would set a precedent for people sleeping outside.

Council members Rob Johnson, Lisa Herbold, Mike O’Brien and Kshama Sawant said their legislation would allow for encampment clear-outs with conditions. Here are a few conditions:

• Outdoor living spaces in locations deemed unsuitable or unsafe are to be cleared with 48 hours' notice;
• For outdoor living areas that are not deemed unsafe, unsuitable, or hazardous, residents will be cleared out only after being offered an adequate and accessible housing option with at least 30 days advance written notice;
• Camping on sidewalks, rights of way, school grounds, private property, highway overpasses, among other unsuitable locations, would not be allowed.

The council voted to move the ordinance to committee for discussion and review of the details.

“You know that the system right now has been an epic failure,” Councilmember Kshama Sawant told KIRO 7.

She said the sweeps have been ineffective and inhumane. Council staff have witnessed the sweeps and reported back that they’ve seen people simply moving to a spot adjacent to where they were being cleared out.

“Our starting point is that we’re talking about human beings. This is not inanimate objects or garbage we’re talking about. We’re talking about real human beings, who have to exist somewhere,” she said.

Elisabeth Smith, the legislative director of the ACLU, worked carefully on the draft that the council modeled.

“It would actually lead to people getting into housing, and not living outside unsheltered,” Smith said.

But since there are not enough housing units to accommodate everyone sleeping outside, Smith said this simply begins the framework for the solution and is not the panacea.

In a divided council chamber, people agreed there needs to be compassion and better solutions for the homeless.

But opponents to the legislation said this would exacerbate existing public safety concerns. Many members of the Chinatown International District spoke up about the elderly people in their community being fearful of simply walking outside.

“Easy to target them. First of all, they don’t speak the language, they’re afraid, and the mobility is not there,” said Tony Au, whose family members live there. He said homeless people have robbed the elderly, who have a language barrier and cannot run anywhere fast.

A martial arts instructor described her young students walking past people sharing needles and drugs.

“I agree that the city can do a better job of how we respond to homelessness in Seattle. But the legislation introduced today is not the answer,” Tim Burgess said in a news release.

“This ordinance tips this balance decidedly away from our public health and safety responsibilities. It essentially establishes a new right to camp on public property throughout the city, including in our parks and greenbelts, and on city sidewalks and planting strips.”

The council’s version does not allow living on sidewalks, school grounds and highway passes.

It's been nearly 10 months since Mayor Ed Murray declared a state of emergency regarding homelessness in Seattle. Advocates said there are still an estimated 3,000 people sleeping outside every night.

Cox Media Group