SPOKANE, Wash. — A voter approved proposition banning camping throughout much of Spokane is completely constitutional in light of the U.S Supreme Court’s ruling in Grants Pass v. Johnson.
That’s the judgement of Spokane City Attorney Mike Piccolo, who didn’t mince words as he addressed the Spokane City Council Public Safety Committee.
“The city is not bound by the requirement that it must have adequate shelter space to house the homeless who are subject to enforcement,” Piccolo said. “It also allows the city to enforce the provisions of (the camping ban). The decision is actually that simple.”
Grants Pass v. Johnson, a case decided by the Supreme Court in June, found that the 9th District Court of Appeals erred when it determined camping bans violate the 8th Amendment protection against cruel and unusual punishment.
Piccolo’s comments to city council members came after Spokane Mayor Lisa Brown’s administration declined multiple requests for an interview regarding Grants Pass v. Johnson, citing discussions with city attorneys. On Monday, the administration again declined to make Brown available for an interview, saying she was out of town.
While Brown has declined interviews, she did react via a press release on the day of the Supreme Court ruling, saying her administration will continue to respond to unlawful camping, but that community safety “requires a more robust approach than enforcement alone.”
When asked by Spokane City Councilmember Michael Cathcart whether there was anything the city needed to do to ensure the camping ban is legal, Piccolo emphasized how much Grants Pass v. Johnson is a paradigm shift for homelessness policy.
“We were trying to thread that needle very carefully, trying to… make sure we complied with the Boise decision,” Piccolo said. “That’s no longer precedent for the city, so our flexibility is much greater now.”
While Piccolo made clear the city can enforce the camping ban, Proposition 1’s fate isn’t quite set in stone.
In June, the Washington State Supreme Court took up a challenge to the law on the .
Councilmember Paul Dillon asked Piccolo if the city needs to consider that legal process.
Piccolo said he didn’t believe that prevents the city from enforcing it until such time that it might be voided, prompting Cathcart to suggest the council should pass its own ordinance in light of .
Councilmember Jonathan Bingle made an impassioned plea for the city to enforce Proposition 1. He also brought up a resolution calling on the administration to enforce it, which was also addressed on Monday.
Council President Betsy Wilkerson cast doubt on Bingle’s characterization, questioning why Bingle and others believe the camping ban isn’t being enforced.
“Where is the documentation that we’re not enforcing prop. 1?” Wilkerson said. “I’m sure we’ll hear from our police department; I think they’re enforcing it.”
After the Grants Pass v. Johnson ruling, interim Spokane Police Chief Justin Lundgren suggested in a statement that police are using the camping ban as “another tool” to address the homelessness crisis.
“Officers will respond to illegal camping complaints as able and warranted, depending on the particular situation, other calls for service, and staffing,” Lundgren said.
