EDITOR’S NOTE: This story has been revised with corrections stemming from a conflation with another lawsuit.
A King County Superior Court judge this week ruled in favor of the City of Burien, dismissing a previous lawsuit filed by the South King County Coalition on Homelessness (SKCCH) challenging the city’s handling of unsheltered encampments.
In the May 15, 2025 decision by Judge Michael K. Ryan of King County Superior Court, it was determined that SKCCH lacked standing to sue and that the City of Burien did not violate the Public Records Act or other legal obligations in its management of public property and response to homelessness.
On January 3, 2024, the SKCCH and three individuals filed a lawsuit challenging whether the Washington State Constitution allows Burien to enforce its law prohibiting camping on public property.
In its decision, the court noted that ruling for the plaintiffs “will not fix this crisis, [and] may well exacerbate it by limiting a potentially effective tool from policy makers, and would be a departure from settled law.”
In a press release issued Friday, May 16, 2025, the City of Burien highlighted its ongoing efforts to address homelessness, including partnerships with the King County Sheriff’s Office, investments in shelter and human services, and updates to housing regulations to expand shelter and supportive housing options.
The judge ruled that SKCCH failed to demonstrate a personal stake in the matter, noting that the coalition did not represent the individuals directly affected.
Additionally, the court rejected claims that the city had violated transparency requirements or misapplied municipal authority.
“The Court finds that SKCCH lacks standing to bring these claims and that the City of Burien’s actions were within its legal authority,” the ruling stated.
“The State Constitution cannot fix every societal problem. Such work is left to the other branches of government.”
In his conclusion, Judge Ryan said:
“This Court is not blind to the stark reality the homeless face day in and day out, nor is it blind to the immense suffering those living on the streets must endure to just to (sic) make it through the day. This Court sees it first-hand every day, whether in the issues that come before this Court, or whether it is simply out for a walk through the streets of downtown Scattle or a local park in King County. The homeless crisis is all around us. This Court has much sympathy for the unhoused, and is as frustrated and saddened by what it sees in our parks and on our sidewalks as other concerned citizens. While Plaintiffs and other unhoused individuals are most certainly worthy of society’s best efforts to get them into affordable housing, treatment, or at least temporary shelter, their constitutional claims cannot succeed.
“Ruling in Plaintiffs’ favor will not fix this crisis, may well exacerbate it by limiting a potentially effective tool from policy makers, and would be a departure from settled law. Some may say this Court is shirking its responsibility to protect the most vulnerable among us and that constitutional rules should be crafted to meet the moment. That the judiciary should step in when the other branches of government have failed. No constitutional ruling this Court issues will create affordable housing, build temporary shelters, or increase funding for mental illness or addiction treatment. Likewise, ruling in Burien’s favor will not fix this crisis and nothing in this ruling should be construed as endorsement of the wisdom or efficacy of its chosen method of regulation. That is not the proper role of this Court. This Court’s role is to adjudicate cases before it based on the facts and the law, it is not to write homelessness policy through constitutional adjudication or expand our State Constitution under inapposite legal theories based on the exigencies of the day. The State Constitution cannot fix every societal problem. Such work is left to the other branches of government. Burien has made their policy choice and because nothing in the Washington State Constitution prohibits that choice, Burien’s Motion is GRANTED and Plaintiffs’ Motion is DENIED.”
What This Means for the City of Burien:
- The city can continue managing homeless encampments on public property using existing policies.
- No changes to city law or procedures were ordered by the court.
- The decision reinforces the city’s authority to balance public safety and property management while addressing homelessness.
The ruling effectively ends the case unless appealed.
What The City Says It’s Doing
From its press release:
“City staff, along with the Burien City Council, have responsibly used all tools available to help the most vulnerable in our community, including:
- “Supporting and working to expand the co-response program partnership with the King County Sheriff’s Office.
- “Establishing a dedicated contract with a service provider and re-appropriating funds to make available emergency overnight shelter.
- “Securing $1 million from King County in support of the work performed by Mary’s Place and Mercy Housing to provide shelter for the unhoused.
- “Taking emergency legislative action to ensure that Mary’s Place and Mercy Housing would not lose $6 million in funding from the federal government.
- “Continuing to help those in need by making available programs that subsidize payments for utilities such as water, sewer, and telephone service.
- “Allocating over $500,000 annually to support programs and services offered by nonprofits within the scope of human services.
- “Updating housing and zoning regulations to ensure that STEP housing (emergency shelters, transitional housing, emergency housing, and permanent supportive housing) is available throughout Burien.
“These efforts, and many more, will continue as part of a multifaceted approach to finding solutions and supporting the Burien community.”
Statement from SKCCH
Alison Eisinger, Executive Director of the SKCCH, gave The B-Town Blog the following statement regarding this case:
“We are of course consulting with our co-plaintiffs and attorneys, and we appreciate the attention that Judge Ryan put into writing this decision, and we plan to appeal the case.”
That is truly excellent news and clearly shows that the City of Burien is doing whatever is necessary for the public good, it’s also quite obvious that activists are trying to destroy Burien one failed lawsuit at a time because they foolishly think ideals are more important than laws.
“Burien has made their policy choice and because nothing in the Washington State Constitution prohibits that choice, Burien’s Motion is GRANTED and Plaintiffs’ Motion is DENIED.”
And this is why frivolous lawsuits are a waste of time, money, and valuable resources—not to mention the damage they often do to the plaintiff’s reputation. Of course, that damage tends to be short-lived. Soon enough, this incident will fade from memory, and the same cycle from the same activists plays out again: a new case, a fresh wave of outrage and unspoken emotion, and once more, the lessons go unlearned…. round and round.
Thank God, ruling is in favor of Burien citizens rights . The drug addict campers need to be removed, but offered treatment options. If they choose to remain taking drugs and camping on public property, they need to be arrested for trespassing. They need to leave Burien as drug campers will no longer be tolerated.
They (city government) of Tacoma Wa, needs to adopt the same policies.
No camping on city property. No camping under bridges, parks , streets in front of homes , no camping in commercial businesses property. No camping near the grocery store or mall complex. Stop the Panhandling for drug funds. Everywhere in WA state!!!!!!
Others whom need assistance, will usually accept help, to shelters or housing , those who refuse, need to find thier own plan B , homeless issues .
Quote from —–Alison Eisinger, Executive Director of the SKCCH, gave The B-Town Blog the following statement regarding this case:
“We are of course consulting with our co-plaintiffs and attorneys, and we appreciate the attention that Judge Ryan put into writing this decision, and we plan to appeal the case.
Well of course they do… and may I ask, where do they get all their money to file and appeal these lawsuits?! SMH!
What is the end result going to be if and when they appeal, nothing will be by continuing this waste of time? After being throughly beat these activists still haven’t shown that in well over a year their efforts have got those three co-plaintiffs off the streets. This is absolute grandstanding just to feed the Homeless Industrial Complex idea that only taxes and money will solve this, instead of actual efforts like sobriety and mental health treatment. Burien does an excellent job of offering services, they refuse to coddle and perpetuate the misery that the activists hide behind as a self-proclaimed right.
If the homeless can’t take advantage of the millions of dollars to help them out of their situation, it is not the fault of government at that point.
How is rejecting tiny homes from King County and moving the problem from one part of town to another solving the problem?
How is intimidating the Burien police by pitting them against King County helping solve the problem?
How is wasting the publics time fighting solutions while the library camp, or the Ambaum camp, or the police station lot camp festered for months and months not the problem?
Bailon and certain council members spent so much time trying to do things their way, they dropped the ball on getting results, and they failed the public.
I understand not wanting to be bullied by King County, but desperate times call for tuff compromises.
If the stalling from the City of Burien was working, i might think differently. I would agree the options from King County are not perfect by far, but it was better than shuffling the problem around the city.
First it was the condo association’s fault for the library camp because the council “couldn’t meet”
Then the Ford dealership couldn’t put their neck out, and Bailon sneaked through a rejection of the King county small homes, and then the horrifying and embarrassing police station camp.
City of Burien has nothing to celebrate here. When will Bailon and the other feet draggers accept responsibility?
1.) How is rejecting tiny homes from King County and moving the problem from one part of town to another solving the problem?
– RESPONSE 1 (Because if a tiny home park goes in, it needs to be properly voted for, properly zoned, properly funded and executed in a professional way that’s lasts far into the future – with accountability and strong laws at its forefront to keep order. The City of Burien has explained this)
2.) How is intimidating the Burien police by pitting them against King County helping solve the problem?
– RESPONSE 2 (This perspective is misguided. I strongly suggest reaching out to the city of Burien for an accurate understanding of the situation and what actually happened. To get the full picture, you need to look at the relationship between King County and Burien during this period. Pattie Cole Tindall, the King County Sheriff, was handpicked by Dow, elected and groomed to be the face of his orders. She wasn’t even on active duty before being brought in and sent through the police academy to become KC sheriff.
Then came the power struggle: King County pulled its officers out of Burien out of spite, simply because Burien refused to bow to their demands. Differences in circumventing the homeless. After that, King County essentially blocked their own officers from doing their job and protecting our city. The police found themselves caught in the middle, with King County acting as if it were more powerful/better than the city of Burien. However, Burien’s city council stood firm and protected the city from King County’s overreach.
Additionally, there was a million-dollar offer, but it came with strings attached—King County wanted to remain dominant and strong-arm Burien into submission. This wasn’t just a simple disagreement; it was a rooted feud between these two parties, with Dow pulling the strings behind the scenes. If you really dig into the details, it will all become clear.)
3.) How is wasting the publics time fighting solutions while the library camp, or the Ambaum camp, or the police station lot camp festered for months and months not the problem?
– RESPONSE 3 (You’re getting into a HUGE topic and a national issue that doesn’t have one state in the US that’s solved or even came close to solving the homeless problem. There could have been a million different people giving orders to “solve” this issue and all of them would not “solve” anything – just like the rest of the United States currently.
The reality to the situation, homelessness isn’t going anywhere… As a city or governing body all you can do is offer services/injection back into society through programs, ban public camping in specific areas, work on affordable housing/low income, arrest the homeless folks that refuse to obey the law that are harming or endangering themselves and/or the environment, maybe forced in-house treatment vs going to jail or both? That comes with caveats as well, then there’s the problem for budgeting etc etc… The city of Burien protected its citizens in this instance by removing the homeless drug addict campers and helped to assist and find services to better the situation – and guess what? They have, they did and will continue to, so that’s great for the City of Burien – they are doing their jobs. There are a lot more variables that could be added to this question but I’ll stop here.)
4.) Bailon and certain council members spent so much time trying to do things their way, they dropped the ball on getting results, and they failed the public.
– RESPONSE 4 (This is a personal preference, look into homelessness statistics across this state, then across the US and look into all of the services/organizations attempting at finding working solutions and the moves they have done to protect their citizens. Then circle back to Burien please, I’d be interested to hear your response that’s not just an opinion.)
5.) I understand not wanting to be bullied by King County, but desperate times call for tuff compromises.
– RESPONSE 5 (Situation described above, Burien made the absolute correct move.)
6.) If the stalling from the City of Burien was working, I might think differently. I would agree the options from King County are not perfect by far, but it was better than shuffling the problem around the city.
– RESPONSE 6 (I disagree and I believe you don’t have the all the details with what Burien’s parameters were during that time and what they were limited to because having the homeless campers on the public sidewalk doing drugs in the heart of downtown Burien wasn’t going to work any longer. Not to mention the group of vindictive activists perpetuating the problem and protesting, also undermining the city of Burien decisions.)
7.) First it was the condo association’s fault for the library camp because the council “couldn’t meet”
Then the Ford dealership couldn’t put their neck out, and Bailon sneaked through a rejection of the King county small homes, and then the horrifying and embarrassing police station camp.
City of Burien has nothing to celebrate here. When will Bailon and the other feet draggers accept responsibility?
– RESPONSE 7 (Explained above, the city of Burien did what was required for the safety of its citizens and protected the city they were hired to protect within the law – see the court case. If you have issues with homelessness, take a deep dive into the issue, not only in Burien/WA but in other states & entire US. You’ll see that this “issue” is far being solved and all the things in-between that have been attempted and failed.)
I agree with you Rob! It looks like to me that these college kids can’t do any better at their government job than they did in college. This problem could have been taken care of a long time ago. What is the root of the problem???? It is affordable housing and drug and alcohol use. Both are public problems and if handled properly, things would fall into place, but no one has taken this aproch. We need mandentory drug and alcohol treatment programs. These hotels we are putting them into have no security or rules. If we can get these people well,(OFF OF DRUGS AND ALCOHOL), they can once again beco0me a part of seciety and get a job and pay for housing. Burien does nothing to support this, they just keep making dumb excuses of why things are the way they are!!!!