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Lawsuit filed against Burien's public camping ban

The suit seeks to have the ban deemed unconstitutional, preventing the city from enforcing it.

BURIEN, Wash. — On Wednesday, The Seattle/King County Coalition on Homelessness and three unhoused people living in Burien filed a lawsuit against the city, challenging its public camping ordinance.

"We'd like to see the ordinance declared unconstitutional and not enforced against residents merely because they're homeless," Scott Crane with Northwest Justice Project said. His organization is representing the plaintiffs.

"Burien's ordinance functionally banishes homeless people from existing in the City of Burien because it makes it impossible to exist outside, try and feed themselves and protect themselves from the elements.”

Passed in the fall by a 4-3 vote, the camping ban was looked at as a solution for Burien's growing homeless problem. According to the ordinance, permanent homeless encampments that sprang up throughout different parts of the city in 2023 are illegal. It's a misdemeanor to violate the ordinance.

"We shouldn't criminalize people because of their status as homeless people. We should find places for them to live, housing, and dignity," Crane said. 

The City of Burien would not comment on pending litigation. However, former city Councilmember Cydnee Moore did weigh in on it.

"I think this is a culmination of a very long battle and it'll be interesting to see where it goes from here," Moore said. "People are within their rights to take legal action if they feel their rights have been infringed upon."

While on the council, Moore voted against the camping ban. Her stance often made her a target at council meetings. She still stands by that vote even though it and other progressive causes she championed may have cost her this past election.

"They have chased them from spot to spot to spot and now implemented a camping ban that cuts down not only where they can be, but cuts down the hours they can exist with a blanket," she said. 

Moore is now leading a sanctioned, temporary encampment, Sunnydale Village, for those experiencing homelessness. It's at a local church. It's all volunteer-based and done through donations from the community. If the city is going to force people off public streets, she wants them to offer more help.

"The city took action without having any fallback. We were lucky we were able to offer something," Moore said. 

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