Judge Dismisses Sheriff's Lawsuit Over Burien's Homelessness Policy
The county and sheriff lack standing, the judge ruled, because they haven't enforced the city's sleeping ban.
By Erica C. Barnett
US District Court Judge Richard A. Jones dismissed a lawsuit by the King County Sheriff's Office against the city of Burien over the city's recently adopted ban on sleeping in public spaces, finding that the county, along with Sheriff Patti Cole-Tindall herself, lacked standing to bring the case to federal court.
The sheriff's office sued the city of Burien back in March, arguing that the office, which provides police services to Burien under a contract, should not have to enforce an unconstitutional law. Their constitutional argument rested largely on a ruling in a case called Martin v. Boise, in which a panel of 9th Circuit District Court judges ruled that it's cruel and unusual punishment to sweep unhoused people from a location if no appropriate shelter is available. The US Supreme Court overturned that ruling in June.
Burien quickly countersued, claiming the county had broken its contract with the city by refusing to enforce the camping ban. That case got elevated to Jones' court along with King County's case, but, in a separate order, Jones sent it back to its original venue, Snohomish County Superior Court.
King County, according to Judge Jones, failed to demonstrate that it faced "injury in fact" from the ordinance, since the county filed its challenge "prior to the enforcement" of the law. Jones ruled that Cole-Tindall herself lacked standing because she failed to demonstrate any direct exposure to civil lawsuits or discipline from a law that her office had not enforced. The county, in other words, can only prove they've been harmed after they enforce the law—and since their policy has been not to enforce the law, they can't sue over its enforcement.
A spokesman for the sheriff's office said the decision "leaves unresolved important constitutional concerns that motivated the Sheriff to pause enforcement of Burien's ordinance."
The county, the spokesman said, has given feedback to about "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."
On Wednesday, Cole-Tindall sent a letter to Burien Mayor Kevin Schilling (a city councilmember) saying the county "remains willing to meet and discuss public camping regulations."
On one hand, this is unfortunate for various reasons, but on the other hand, standing in a legal case includes the necessity of a plaintiff to show some harm from the actions of the defendant. Jones years ago was a good Superior Court judge; he isn't a Trump-appointee type.