Burien City Manager warns of potential lawsuits, budget risks under proposed public camping law House Bill 1380

Burien City Manager Adolfo Bailon is urging the public to take notice of House Bill 1380, a proposed statewide public camping law that he says could expose cities to costly lawsuits and divert local tax dollars away from homelessness response programs.

In an email sent to The B-Town Blog on Friday, Mar. 7, 2025, Bailon stated that the City of Burien, along with all cities in the 33rd Legislative District, strongly opposes the bill, which is sponsored by Rep. Mia Gregerson (D-SeaTac).

“House Bill 1380 would make it possible for the unhoused, or people/groups/nonprofits working on behalf of the unhoused, to file lawsuits against cities simply because cities have adopted laws that attempt to maintain accessible public spaces for all people,” Bailon wrote.

The bill also includes a retroactive clause, meaning cities could face lawsuits over existing ordinances that regulate camping, sitting, or lying in public spaces.

Cities Across Washington Oppose Bill

The Association of Washington Cities (AWC) and municipal leaders across the state have voiced strong concerns about the bill, arguing that it shifts the responsibility of regulating public spaces away from local governments and into the hands of the courts.

Bailon added that Gregerson is failing to represent the interests of her constituents and is instead pushing legislation that puts cities at financial risk.

“At this point, it is clear that Representative Gregerson is failing to represent the 33rd Legislative District and, instead, is representing the voice of a different group,” Bailon stated.

The AWC warns that cities could be forced to spend limited tax dollars on legal battles, rather than funding homelessness response programs, emergency shelter initiatives, and other supportive services.

Concerns Over Litigation and Impact on Public Spaces

According to the AWC, the bill would:

• Require cities to meet a vague “objective reasonableness” standard when regulating public spaces.
• Allow courts to review the enforcement of local camping ordinances, not just the ordinances themselves.
• Mirror an Oregon law that led to costly lawsuits and settlements, with Portland paying $175,000 in attorney’s fees within three months of its passage.
• Divert city resources from housing solutions to litigation costs.

UPDATE: Rep. Gregerson Responds

On Monday, Mar. 10, 2025, Rep. Gregerson responded to our request for comment with the following statement (read our followup story here):

“Recently, Burien City Manager Adolfo Bailon shared misleading claims about HB 1380, the Safe Spaces, Strong Communities Act, suggesting it would expose cities to unnecessary lawsuits and undermine public health and safety efforts. These statements misrepresent the bill’s intent and impact.

“HB 1380 provides guidance for local governments to regulate public spaces while ensuring fairness in how laws impact people experiencing homelessness. Contrary to claims, the bill does not prohibit cities from managing public spaces—it simply ensures that regulations are reasonable and enforceable under constitutional standards.

“This bill prevents costly and ineffective criminalization of homelessness. Arresting or fining individuals for sleeping outside does not reduce homelessness; it merely redirects resources away from long-term solutions like housing and shelter programs. Instead of increasing litigation, HB 1380 provides clarity for cities by establishing clear legal standards that help them craft fair and enforceable laws, reducing the likelihood of expensive lawsuits.

“The bill also balances public safety with individual rights. Local governments can continue to regulate the use of public spaces, but restrictions on sleeping, sitting, or resting in public areas must be fair and must not punish people for being homeless when no alternative shelter is available. The legislation aligns with existing legal precedent, following guidance from the U.S. Supreme Court and similar policies in Oregon.

“The City Manager’s claim that this bill will flood cities with lawsuits are false. HB 1380 does not allow monetary damages, only legal challenges to ensure laws are applied fairly. This protects cities from financial liability while ensuring their policies align with constitutional rights. The suggestion that cities will lose control over public spaces is also misleading. HB 1380 explicitly allows local governments to regulate public areas while ensuring their regulations do not unfairly penalize people for lacking shelter.

“Adolfo also argues that HB 1380 does nothing to solve homelessness, yet the bill encourages cities to shift resources away from legal battles and punitive measures toward investments in housing, shelters, and supportive programs—the only proven long-term solutions. Instead of resorting to fear-mongering, we should focus on practical policies that create safer, stronger communities.

“I encourage everyone to attend the March 15 Town Hall at Highline College to hear directly from me about how HB 1380 will provide real solutions for homelessness while protecting public safety and local decision-making.”

“Warm regards,
“Representative Mia Gregerson, She/Her
“33^rd Legislative District”

Town Hall Set for Saturday, Mar. 15 at Highline College

Bailon is urging Burien residents to voice their concerns at the upcoming 33rd Legislative District Town Hall, scheduled for this Saturday, Mar. 15 from 11 a.m. – Noon at Highline College.

“The people of the 33rd Legislative District deserve to know that Representative Gregerson is working hard to place at great risk their hard-earned, limited tax dollars through exposure to unnecessary lawsuits,” Bailon said.

The bill has passed out of its House policy committee, and opponents are encouraging residents to contact their state representatives before further legislative action.