The U.S. District Court for the Western District of Washington on Tuesday, Sept. 24, 2024 ruled in favor of the City of Burien, dismissing a lawsuit filed by King County and King County Sheriff Patricia Cole-Tindall that challenged the constitutionality of Burien’s Ordinance 832, commonly known as the “Unlawful Public Camping” ordinance.
The federal court also ordered that Burien’s counter lawsuit against King County be remanded to Snohomish County Superior Court.
As we previously reported, King County’s lawsuit was filed in March 2024 in the Washington Western District court.
It challenged Burien’s Ordinance 832, which prohibits the use of nonresidential public property as living space. The plaintiffs argued that the ordinance was unconstitutional, referencing Ninth Circuit rulings such as Martin v. City of Boise and Johnson v. City of Grants Pass.
However, the federal court found that King County failed to establish standing for federal jurisdiction and dismissed the case.
A critical element of the court’s decision came from the recent U.S. Supreme Court ruling in City of Grants Pass, Oregon v. Johnson, which reversed a Ninth Circuit decision on public camping laws. The Supreme Court determined that enforcing laws regulating camping on public property does not violate the Eighth Amendment, effectively undermining King County’s claims against Burien’s ordinance. The court ruled that the Grants Pass decision “abrogated the Ninth Circuit’s decision in Martin,” removing the legal basis for King County’s constitutional challenge.
“I look forward to the King County Sheriff’s Office enforcing our ordinance now that the US District Court has made its determination that our ordinance does not violate Constitutional rights,” Burien Mayor Kevin Schilling told The B-Town Blog. “The only solution moving forward, as it always has been, is for the Sheriff to prioritize public safety over politics and enforce our ordinance we pay them to enforce. The elected Burien City Council makes laws for Burien, not the unelected Sheriff.”
The federal court also addressed Sheriff Cole-Tindall’s claims that she could face financial liability and loss of livelihood due to enforcing Burien’s ordinance, deeming these claims “subjective” and speculative. The court concluded that no financial risk would be posed to King County for enforcing the ordinance and dismissed the county’s request for a declaratory judgment, characterizing it as an “improper advisory opinion” with no actual case or controversy.
Additionally, Judge Richard A. Jones ruled on a related countersuit, City of Burien v. King County et al, regarding a breach of contract dispute over the county’s police enforcement of Ordinance 832. The judge ordered the case to be remanded to Snohomish County Superior Court, where it was originally filed. The case, initiated by Burien, accuses King County of breaching its contract by refusing to enforce the city’s ordinance. Burien officials expressed optimism about working with King County following the Supreme Court’s decision in Grants Pass.
The ruling effectively closes King County’s federal claims against Burien and allows Burien’s contract dispute with the county to proceed in state court.
King County Responds
We reached out to King County for a response, and they sent us the following statement:
“Unfortunately, the court determined it lacked jurisdiction to hear either lawsuits brought forward by King County or Burien. Still, that decision leaves unresolved important constitutional concerns that motivated the Sheriff to pause enforcement of Burien’s ordinance.
“King County has previously provided feedback on what fixes would be necessary to allow enforcement of the ordinance and, before the court’s decision, the City of Burien indicated they may now be interested in addressing the issues. The Executive and Sheriff continue to be willing to partner with the city to enact an ordinance that can be enforced without violating the constitutional rights of Burien’s residents and we hope to see a resolution. The attached letter was sent by the Sheriff’s Office yesterday morning – before the ruling was issued – and showcases both parties’ interest and willingness to do so.”
Hooray for Burien, King County and the unelected Sheriff have been legally told to quit hiding behind false interpretations of the law. Coddling and enabling have created this mess, only continued outreach with enforceable limits on cintinued refusal of services is the way to go.
It’s time to quit messing around King County, you’ve turned Burien into your own S–t H—e and on your own property, the courts sided with the city now clean up your mess ( plural ) Bob Ferguson want to be governor
Whoooo Hooooo
Can we have Police Chief Boe back now!
The Sheriff still doesn’t get it, saying there are still “unresolved important constitutional concerns” is so lame. It only proves she’s not respectful of the Court system from the Supreme Court down to the local level and should be fired for dereliction of duty. Do it Dow!
I know… its pathetic. Unfortunately the sheriff was hand picked by Dow and groomed by him. I’ve been told you need the cut the head of the snake off to ever see true change inside established governing groups.
Bob Ferguson and Dow Constantine are her bosses, why are they telling her to still not act on Burien City Laws, the County said they would have their property on 148th at the court house done by September 30th, they should have started by now
I read on one of the other local TV news sources (???) that Dow Constantine has now said mid October to help the campers find a place to live and or get help. So everything he said back on August 17th was just a candy coating, a pat on his own back and the 4 to 6 weeks was a fib.
Why does that not surprise me, they don’t care about Burien, but I get tired of people blaming the Mayor and City Council it’s all King County
So happy that Burien prevailed. King County is akin to an abusive spouse. Burien City Council, PLEASE, divorce yourself from deranged and abusive King County and extricate us from their wicked tentacles of destruction.