City of Burien files lawsuit against King County Sheriff's Office over ordinance dispute
BURIEN, Wash. — The city of Burien has filed a lawsuit against the King County Sheriff’s Office (KCSO) in the latest chapter of an escalating fight over a controversial ordinance to ban homeless encampments in certain areas of the city.
The lawsuit, filed in Snohomish County Superior Court, alleges the sheriff’s office is breaking its contract with the city of Burien by telling deputies to not enforce the ordinance that would prohibit encampments within 500 feet of libraries, schools, daycare centers, and other specified locations.
"Burien exercised its independent legislative authority to enact an ordinance intended to protect Burien residents, businesses, and property and to assist and provide guidance for the unhoused residents within the city. [KCSO], on the other hand, unilaterally refused to enforce this ordinance in breach of the obligations under the [interlocal agreement],” the lawsuit states.
Mayor Kevin Schilling said the city's ordinance protects businesses and residents.
“We passed a law that tackled the negative impacts around tent encampments. Giving people the option to sleep at night in a tent, but saying 'you can’t have it up 24/7 because that is what leads to bigger problems'," Schilling told KOMO News on Thursday.
Sheriff Patti Cole-Tindall, however, instructed deputies to not enforce Burien’s encampment ordinance earlier this month.
"The ordinance significantly departs from a previous anti-camping ordinance to essentially ban individuals from engaging in vaguely defined 'living space' activities in large parts of the city at any time of day, for any purpose, and brings with it serious questions of the law’s enforceability and constitutionality," Sheriff Cole-Tindall said on March 11.
Cole-Tindall filed a lawsuit against Burien over the ordinance and asked a federal court to decide if the 'exclusion zones' for encampments violated the constitution.
"After completing a legal analysis of the ordinance, the sheriff’s office has serious concerns about the constitutionality of the ordinance, especially when the exclusion zones are determined solely at the discretion of the City Manager and can be changed at any time," Cole-Tindall said.
BURIEN'S LAWSUIT AGAINST THE SHERIFF
The city of Burien has contracted with the sheriff's office for law enforcement since at least the year 2000. Mayor Schilling said the county does not have discretion in what ordinances officers assigned to the Burien Police Department will enforce.
Schilling says the city is pursuing a public safety levy to end its relationship with the sheriff's office.
“I think the long-term plan and hope is that we get support from the people of Burien to move toward an independent police force," Schilling said. “This whole situation is a waste of taxpayer dollars, taxpayer time, and government resources when we could have been all focused on getting people off the streets and into shelters and services.”
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The sheriff's lawsuit against Burien cites a lack of shelter space for the homeless in the city of Burien.
"The shelter space currently available in Burien primarily serves women and children. The city offers no shelter options for adult males, youths, or couples experiencing homelessness," the lawsuit states.
The sheriff's lawsuit claims the city cannot force people to leave public property without offering alternative housing, and "KCSO personnel cannot participate in the effort."
SHERIFF LAWSUIT AGAINST BURIEN
Mayor Schilling disputes the sheriff's assessment of available homeless resources, saying the city has spent hundreds of thousands of dollars in homeless services in the last few years.
“Beds are available, services are available. I know because I have called and asked if they have services available," he said.
In addition to the sheriff's lawsuit, Burien is also being sued by three homeless people and the Seattle/King County Coalition on Homelessness.