Port of Olympia forces homeless to move from land near New Market Industrial Campus
A group of at least 6-12 people are being forced from Port of Olympia property near its New Market Industrial Campus, a Thurston County Sheriff’s Deputy confirmed at the scene on Monday.
One advocate who had helped move people into the campsite was also arrested for trespassing, according to Sheriff’s Deputy Jason Casebolt.
The port on Friday filed a “Request to Remove Trespassers” form with the Sheriff’s Office, according to legal documents obtained by The Olympian.
Devin Boysen had been camped at the wooded area on Harper Street Southwest and 75th Avenue Southwest for about a week, but others have been there at least a month.
Sheriff’s Lt. Carla Carter said the campers have the rest of the day to vacate the area, which she described as private property, despite the port being a public agency.
Carter said the campers were given verbal notice by a port official on Friday and put in touch with social services organizations, including Family Support Services and Community Action Council, and were offered space at the mitigation site.
At least three of the campers were being put up in a hotel for the night, according to Keylee Marineau, Homeless Prevention and Affordable Housing Coordinator for Thurston County, who was on scene Monday.
None of the campers chose to go to the mitigation site.
At least a dozen advocates at the scene criticized Lt. Carter and the deputies for sweeping the camp, which the CDC has advised cities against doing, and argued that goes against the spirit of both the governor’s moratorium on evictions and the Martin v. Boise ruling, a Ninth Circuit Court of Appeals decision that says cities cannot remove people sleeping on public property without offering adequate alternatives.
The argument hinged on whether what was happening should be described as an “eviction.”
“It’s not an eviction, we are removing a trespasser,” Carter said.
“It looks like an eviction to me,” an advocate replied.
Port spokesperson Jennie Foglia Jones said that the sweep was motivated by contractual obligations the Port has to the developer Panattoni, which signed a lease option with the port to develop the land where the encampment now sits back in July.
Last Thursday, Jones told The Olympian that the port had no plans to remove the campers. Jones says she was not aware of the Port’s legal department’s plans to file the trespass removal request.
Port officials have attempted to remove the campers before without success.
In an email dated August 25, Executive Director Sam Gibboney confirmed that the port had previously asked Tumwater Police to remove the campers.
“The current situation at 75th and Harper began when a TPD (Tumwater Police Department) officer observed the individual on Port property and contacted the Port to ask if removal was requested. Port staff confirmed removal was requested, and TPD initiated the notice process to the camper resulting in your email,” Gibboney wrote, in response to an inquiry from advocacy group Just Housing Olympia (JHO) questioning the legality of removing the campers.
However, that removal never happened.
In an emailed statement, Tumwater city spokesperson Ann Cook wrote that the city does not support the Port’s actions of removing the campers.
“The city will not provide notice to vacate and Tumwater Police Officers will not remove people from Port property at this time,” Cook wrote. “Further, we do not believe police are the best resource to respond to those experiencing homelessness, and arresting people camped on this Port property is not appropriate.”
Cook said that the city of Tumwater has been working with the Port to connect the campers to resources, but that’s it.
“The challenges and problems faced by people with insufficient housing are difficult and there are no easy answers. It is important to know, the city of Tumwater is committed to being a regional partner for addressing housing affordability and supporting viable solutions for those experiencing homelessness,” Cook wrote.
In the email exchange with JHO, Gibboney also wrote that the port’s legal team reviewed the Martin case and does not believe it applies to them, although she did acknowledge that the port is a public entity.
“Following legal review, the Port respectfully disagrees that the Martin cases broadly preclude homeless individuals from being removed from Port properties simply because the Port is a public entity,” Gibboney wrote. “The Port’s Legal Counsel has consulted with and received the concurrence of the City Attorney as to the Port’s analysis of its legal rights and obligations with respect to trespassers on its properties.”
None of this was at all clear to Brenda Cisneros, who, along with her son James, had been camping on the port property for at least a month after being illegally evicted from the Olympia Inn Hotel back in August.
Cisneros, who who has lived in Tumwater most of her life, got on the phone and began calling anyone who would listen - the Attorney General, the Governor, the President of the U.S. - trying to get the sweep called off.
Then she turned to Carter and the deputies.
“I know you’re trying to be nice, but this is illegal,” Cisneros said.
After some more back and forth, Cisneros apologized to Carter for yelling.
“I’m sorry, I’m just upset,” Cisneros said. “I don’t understand why the port doesn’t follow the law.”
This story was originally published September 14, 2020 at 2:01 PM.
.jpg)