King County Sheriff Patti Cole-Tindall on Tuesday, April 23, 2024 released a letter to the Burien community that she said addresses concerns from residents regarding homelessness, public camping and public safety in the city.
This is the latest salvo in the contentious, ongoing back-and-forth battle between the City of Burien and King County over policing homelessness in the city, specifically related to the constitutionality of Ordinance 832, which includes a controversial map that showed where camping would and would not be allowed.
The King County Sheriff’s Office (KCSO) filed a lawsuit against the City of Burien on Mar. 11, 2024 over that ordinance, and since then the city has filed a countersuit, stopped paying for KCSO’s police services, canceled its contract with REACH, requested to fire and replace Police Chief Ted Boe, and more.
“The Sheriff and elected King County officials continue to be the target of concerns related to the current homelessness issues in Burien,” the Sheriff said in an email. “This is a situation that the City of Burien can resolve.”
In her April 23 letter, the Sheriff highlighted a decrease in crime statistics under Burien’s previous camping ordinance, enforced alongside social service partnerships that have since been canceled.
“I understand the challenges facing Burien and am also concerned,” Cole-Tindall said. “I assure you that our police officers and I are committed to ensuring the safety of everyone in the community, even as we are working through challenges with the City’s recent changes to its public camping ordinance and contracts for social services. The City of Burien could best support the community and officers by readopting its prior ordinance and re-engaging with its social service providers.”
The Sheriff also said the city can resolve this by “amending the previous constitutional camping ordinance (Ordinance 827), prioritize outreach services and utilizing the $1 million and 35 pallet shelters that were offered by the County almost a year ago to help address the challenge of homelessness in Burien.”
“The City’s decision to replace its prior camping ordinance with the current ordinance is the source of the problem,” she said. “The current ordinance is almost certainly unconstitutional. The Sheriff’s Office enforced the prior ordinance in partnership with the City’s social service contractors. The new amended ordinance abandoned this approach making it unlike any other municipal ordinance in our region. The City of Burien could resolve this situation immediately by readopting the original language and re-engaging with its social service providers.”
The Sheriff added that “Burien has taken away the tools needed to resolve these issues.”
“Burien’s police officers are committed to ensuring the safety of every person living it, doing business in, and visiting the City of Burien,” she added. “Under Chief Boe’s leadership, the Burien Police Department has made 439 arrests, led by 82 arrests for public use or possession of drugs, and 70 arrests for assault this year. Auto theft, residential burglary, vandalism, and assault were all down from last year over the same time period. An increase in robbery was tied to a specific crime spree where the suspects are now in custody. The Sheriff’s Office has been responsive to the needs of the Burien community within the scope of the law.”
Cole-Tindall added:
“The elected representatives on the Burien City Council can correct their action in amending the previous constitutional camping ordinance, prioritize outreach services and utilize the $1 million and 35 pallet shelters that were offered by the County almost a year ago to help address the challenge of homelessness in Burien. Without these changes, the County, the City, the community, and residents who are unhoused will continue to wait for a court to decide the issue. The County has asked for a quick resolution from the court and the City of Burien continues to delay and attempt to redirect blame. The community deserves a more immediate resolution from the City Council instead of waiting for a decision from the Federal Court.”
The Sheriff ended the letter with a request for citizens to directly contact the Burien City Council about this issue.
Below is full text of the Sheriff’s letter:
“April 23, 2024
“Dear Community Member,
“I appreciate the many comments people have sent me to share their concerns about people living unhoused in Burien. I understand the challenges facing Burien and am also concerned. I assure you that our police officers and I are committed to ensuring the safety of everyone in the community, even as we are working through challenges with the City’s recent changes to its public camping ordinance and contracts for social services. The City of Burien could best support the community and officers by readopting its prior ordinance and re-engaging with its social service providers.
“Burien’s police officers are committed to ensuring safety of every person living in, doing business in, and visiting the City of Burien. The King County Sheriff’s Office (KCSO) recently provided information about the work that KCSO has been doing under contract with the City of Burien. Under Chief Boe’s leadership, Burien PD has made 439 arrests, led by 82 arrests for public use or possession of drugs, and 70 arrests for assault this year. Auto theft, residential burglary, vandalism, and assault were all down from last year over the same time period. An increase in robbery was tied to a specific crime spree where the suspects are now in custody. These results were consistent with preliminary 2023 stats, which showed a 7% decrease for Burien in both crimes against persons and crimes against property. KCSO has been responsive to the needs of the Burien community within the scope of the law.
“Many people have commented to me about our enforcement of Burien’s public camping ordinance. Before the City recently changed its public camping ordinance, officers enforced the public camping ordinance in partnership with the city’s social service contractors. Unfortunately, the Burien City Council passed a new public camping ordinance in March that police officers cannot enforce because it is unconstitutional. The City of Burien then discontinued social service contracts, which are necessary to have effective enforcement and compliance with public camping ordinances. As a result of these decisions, the City of Burien has taken away those tools which police officers and other community members needed. Burien’s City Council is in the best position to restore these tools.
“People have also shared concerns with me about the police enforcing access required under the Americans with Disabilities Act (ADA) on city sidewalks. Burien’s police chief provided the city manager options to address access, including for ADA purposes, across sidewalks. Compliance with the ADA is a civil code enforcement process led by other city departments and services; police can provide support when needed or required. Occupying a sidewalk or failing to comply with the Americans with Disabilities Act are not criminal offenses that a police officer could arrest someone for.
“Your elected representatives on the Burien City Council can correct their action by readopting the previous constitutional camping ordinance, prioritizing outreach services, and utilizing the $1 million and 35 pallet shelters that were offered by the County almost a year ago to help address the challenge of homelessness in Burien. Absent making these changes, the County, the City, the community, and residents who are unhoused will continue to wait for a court to decide the issue.
“The County has asked for quick resolution from the court and the City of Burien continues to delay and attempt to redirect blame. People on both sides of this issue want a more immediate resolution from the City Council instead of waiting for a decision from the Federal Court. You can contact the City Councilmembers at their council meetings and by email. The following link is to the council’s meeting calendar City of Burien – Meeting Schedule (civicweb.net) and their email address is council@burienwa.gov.
“Respectfully,
Patricia Cole-Tindall
SHERIFF”
Burien Mayor Schilling Responds
Below is a statement provided to The B-Town Blog by Burien Mayor Kevin Schilling:
“The letter is just reiteration of their excuses for not enforcing a law that’s democratically decided by an elected body of a city. And they’re not even talking about the fact that they’ve consistently been breaking our contracts with them by not enforcing our law.
“They don’t get to be the judge and the enforcement of the law. They are singularly claiming that our law is unconstitutional before a judge has determined if it is or not. And I would just say that if you listened to the oral arguments before the US Supreme Court, the city of Burien is directly in line with the position of the US Federal government of President Joe Biden’s Deputy Solicitor General, who argued that it is common sense and practical for cities to be able to have time, manner and place restrictions on encampments.
“So that’s exactly what we’re doing – we’re asking the county government and the Sheriff’s Office to enforce those laws and to stop playing games. We’ve had multiple people die of drug overdoses. The county is not fulfilling their regional responsibility of getting people into services.
“And, you know, it’s frustrating beyond belief for myself, for business owners, for residents, especially for people who are from Burien, grew up in Burien, families that still live in Burien like myself, where we’re seeing Burien be the center of political games for the County Executive, for the County Sheriff and it’s time for them to start actually enforcing these laws they’re supposed to be enforcing within the interlocal agreement we have with them, and I’ll just say that Burien has been going above and beyond in every other regard. We’ve got millions of dollars to build more permanent supportive housing, we’ve got DESC opening up soon, we’ve got more mental health hospital beds coming in. We’ve just gotten started on getting more. We’re getting millions of dollars for Human Services, and we’re doing our part on the municipal end, so it’s time for the county to step up and actually get people off the streets to the services and stop playing games. It’s costing lives.
“And clearly from this letter from the sheriff, it’s just a continuation of their political talking points that they’re determining something is unconstitutional before a judge even has oral arguments before the US Supreme Court. The City of Burien’s law is directly in line with what Joe Biden’s administration has argued is common sense and principle, and it should be legal for cities to do, especially because the City of SeaTac has their tent encampment regulation being enforced.”
Read our extensive previous coverage of this issue here.
Thank god we have a mayor like Kevin who can speak truth to power and stand up to the “untruths” Dow and the Sheriff are telling.
It’s obvious SCOTUS will rule in a way that favors Burien. Why does Dow need that ruling to do what’s right?
Kevin Schilling is a ceremonial mayor, not the city’s chief executive. Why does he get away with using the media for his own purposes (redirecting blame when blame is all over him and the city council). Prior councils/mayors stayed out of the media limelight and maintained their exposure to ceremonial duties. He should be censured for using the media for his political aspirations rather than improving the city.
You’ve got to be kidding, past Council members have used the press for all sorts of talking points and private agendas. They invited TV news stations to interviews outside City Hall and brought in outside protesters and advocates to push ideas and keep Burien in the news. Might want to do some recollection because your mistaken.
I just have to agree with Stephen Lamphear and the city’s idea of canceling all public services. This is what a college education does for you. How is canceling of services going to help the situation? Burien sucks!!!! At Transform Burien, they still provide many services. A phone, a shower and a hair cut means so much to this people in need. Many, now, are emigrants who don’t speak english, and that is another challenge. Helping people makes you feel good, but negative activity makes you dirty!!!!
Burien hasn’t canceled services! It ended a contract with one group that showed no significant contribution. In the meantime Burien continues to build more housing, increase density (proven to lower rents), is contracting with service providers for more shelter beds, expanding shelters and housing at places like Mary’s Place, opening services for troubled youth, will be opening a tiny home village, etc ,etc, etc. But like dozens of small cities around the US, Burien can’t afford to take care of all the drug addicts and mentally ill people moving here because the Sheriff refuses to enforce laws against public drug use, camping, burglary, etc. But just wait. The US Supreme Court will soon rule in a case that supports Burien’s position.
King County Council has done irreparable damage to the Puget Sound region. Has the time finally arrived for crime victims and community members to a file class action lawsuit against the Council and its members?
What do some people here not understand? There is a terrible problem here caused by severe drug addiction. I see hard working service providers every day on the streets offering help. King County gave us this problem by sending a lot of these folks here. It is dangerous and cruel for everyone concerned. We need to clean up our streets and be real. Living the way we are in Town Square is not safe and unhealthy. Shame on those if you with blinders on. I have plenty of pictures to prove the insanity of coddling addicts.