The American Civil Liberties Union has filed a lawsuit against the city of Spokane, Washington, alleging that its anti-camping laws violate the state constitution. This legal challenge comes after the U.S. Supreme Court's ruling in June that cities can enforce outdoor sleeping bans without violating the Eighth Amendment prohibition of cruel and unusual punishment.
The complaint filed in Spokane County Superior Court challenges city ordinances that make camping, sitting, or lying on public property misdemeanor crimes in certain circumstances. Violating these ordinances can result in fines up to $1,000 or jail time up to 90 days under state law.
The ACLU of Washington's Smart Justice Policy Program director highlighted that the state constitution provides more protection than its federal counterpart, making it crucial to challenge laws that prohibit outdoor sleeping.
Spokane City Council President acknowledged the lawsuit but stated that the council will let the legal process unfold once formally served. The ACLU lawsuit targets Spokane due to its multiple ordinances against camping and sitting outside, creating what they describe as 'near-total islands of exclusion throughout the city.'
Spokane, the state's second most populous city, has faced criticism for ordinances that restrict camping near certain locations and prohibit sitting or lying on sidewalks in specific areas. The city has prosecuted numerous cases related to unlawful camping and sitting violations in recent years.
Before the Supreme Court ruling, western cities had limitations on regulating encampments but couldn't entirely ban outdoor sleeping. The ruling has prompted some states, like California, to adopt more aggressive approaches to tent clearing, sparking debates between city officials and homeless advocates.
Washington had over 28,000 homeless residents in 2023, making it crucial to address the legal implications of anti-camping laws and their impact on vulnerable populations.
