ACLU of Washington sues Spokane for criminalizing homelessness

Spokane is at the center of another lawsuit, this time over regulations that plaintiffs argue criminalize homelessness amid significant increases in the unhoused population.

The ACLU of Washington filed a lawsuit Thursday in Spokane Superior Court on behalf of Jewel’s Helping Hands, a local homelessness service provider, and two other plaintiffs. Both plaintiffs have experience living on the streets; one is still unhoused.

The lawsuit names the City of Spokane and everyone on its city council. It alleges that while homelessness is not a crime, Spokane is criminalizing that segment of the population with two laws codified in the city’s municipal code, most notably Proposition 1 and its other camping bans.

“Simply put, because homelessness is not a crime,” the lawsuit notes, “being subject to criminal penalties for acts that are inextricable from being homeless is cruel and such punishments are unconstitutional.”

Proposition 1 was an initiative passed by 75% of voters last November. The measure prohibits camping within 1,000-feet of a park, daycare or school. However, the Spokane Police Department put off enforcing the law due to concerns about fallout from a prior court decision.

In 2018, the 9th Circuit Court held that cities can’t enforce camping bans without enough shelter beds for their homeless population, but that’s no longer the case. The U.S. Supreme Court recently overturned that decision, ruling that enforcing the camping bans without adequate shelter space is not cruel and unusual punishment.

The plaintiffs in this lawsuit want the county to strike down the city’s camping bans and its “Sit and Lie” ordinance, though the suit also mentions a law that allows for the removal of unauthorized encampments.

Notably, Jewel’s Helping Hands was one of the providers who helped manage Camp Hope, a homeless encampment that had around 600 residents at its peak.

After it closed, a lot of its residents went to congregate shelters, such as the Trent Resource and Assistance Center. One of the plaintiffs in the lawsuit alleges he stayed at one of the shelter and witnessed staff abuse some of the people seeking help there.

“While experiencing homelessness in Spokane, [the plaintiff] has utilized beds available at the City’s congregate shelters,” the lawsuit states. “He has witnessed violent attacks go unaddressed and abuse of unhoused individuals perpetrated by shelter staff.”

Spokane County’s most recent Point-in-Time Count, which is used to estimate the number of homeless people, noted its first decrease in overall homelessness since 2016, a 15% drop. However, there’s still a 106% increase when comparing 2016 to 2024.

According to the lawsuit, the American Civil Liberties Union Foundation, or ACLU, which is representing the plaintiffs, requested that Attorney General Bob Ferguson bring the suit against the defendants; however, his office declined to take action.

“We consider litigation at the request of taxpayers in appropriate situations,” wrote the AGO. “In this instance, we decline to take the actions you request, but do so without expressing any view as to whether your claims may have potential merit.”

Lisa Gardner, the council’s communications director, issued a statement to The Center Square on Friday morning in response to the lawsuit.

“The city council is aware of the complaint filed by the ACLU regarding the city’s sit-and-lie and unauthorized encampment ordinances,” Gardner wrote in an email. “However, it has not been provided a copy of the signed and filed complaint. Once the City is formally served with the suit, the matter will be referred to the City Attorney. After that, the Council intends to let the legal process unfold in due course and will not formally comment on the matter.”