Cities would face restrictions on sweeping homeless encampments under WA bill

Washington lawmakers are considering new restrictions on when cities and counties can sweep homeless encampments from public spaces.

House Bill 2489 is scheduled for a key vote Monday afternoon in the House Housing Committee.

State Rep. Mia Gregerson, the bill’s prime sponsor, said during a Jan. 20 hearing that the “Shelter, Not Penalties Act” is about putting people first and setting clear statewide standards. The SeaTac Democrat said that the legislation addresses some concerns about a similar bill she filed last year.

“Criminalizing someone not breaking any laws other than seeking to survive when there is no adequate shelter available for them isn’t good for anyone,” Gregerson told the House Housing Committee. “It doesn’t solve any problems.”

HB 2489 would bar local governments from creating or enforcing rules that penalize someone on public property who’s “engaging in life-sustaining activities” — unless the jurisdiction can prove that at the time, there was “adequate alternative shelter space.”

Under the bill, adequate alternative shelter space means that such places must be located within the jurisdiction’s borders and physically accessible. They also must accommodate any partners, disabilities, family members and pets, as well as possessions.

Activities considered to be life-sustaining include eating, drinking, moving, standing, sitting, sleeping, lying down and more.

People experiencing homelessness could sue if they believe the local government violated the bill and, if successful, could get their attorneys’ fees and costs covered.

Gregerson, who previously served as mayor on the SeaTac City Council, told McClatchy in a call that she wants the process to be intentional, and to avoid creating space for inflammatory rhetoric.

“Because being homeless is not a crime, right?” the lawmaker said. “And oftentimes we can’t help but read about it as if those two things are paired.”

The bill comes after the 2024 U.S. Supreme Court decision in the City of Grants Pass v. Johnson, which held that local governments enforcing policies that bar sleeping or camping in public aren’t violating the Eighth Amendment’s prohibition on cruel and unusual punishment, regardless of whether shelter space is available.

Advocates say that Gregerson’s bill would help resolve a patchwork of restrictions across the state, redirecting resources away from punishment and toward proven solutions. Critics argue that the measure would expose cities to costly legal challenges and hamper their ability to pursue tailored solutions.

Some local officials and organizations like the Association of Washington Cities are opposed to the proposal, while groups including the ACLU of Washington have testified in support.

Redmond Police Chief Darrell Lowe told lawmakers Jan. 20 that the bill would create issues that undermine effective homeless response, public safety and use of public spaces. He said that if passed, officers would be forced to make “impossible individualized, real-time assessments” about whether adequate shelter exists before taking action.

The city of Tacoma hasn’t adopted an official stance on HB 2489, but Council member John Hines said in an emailed statement that he’s worried the current bill could cause “significant legal ambiguities that could hinder our ability to manage public health and safety in public spaces.” Hines said the city, using compassion, has pursued innovative pathways to provide services and shelter to those experiencing homelessness — but the proposal would reduce its ability to do so.

“Cities need partners in the legislature to collaborate with us,” he said, “not leave us with fewer options to address what we are seeing in our community.”

Meg Martin with Interfaith Works in Thurston County said at the Jan. 20 hearing that encampment sweeps further traumatize those lacking shelter options. Clearing camps moves people around; some might instead wind up on private property, which can be hard for law enforcement officers or property owners to manage, Martin added.

Lisa Beaton, deputy city manager in Kennewick and its previous city attorney, warned that the bill would effectively handcuff city officials from pursuing proven strategies.

“The city needs to be able to continue to use a local solution for its local issues,” Beaton said at the hearing.

Not every city representative disagreed with the bill.

Burien Mayor Sarah Moore, testifying on her own behalf, told lawmakers Jan. 20 that banning people experiencing homelessness isn’t the answer. Rather, it treats vulnerable Washingtonians like the problem instead of homelessness itself, she said.

Stacey Ray, Olympia’s assistant city manager, said via email that the city doesn’t have a position on the bill, which is still being analyzed.

Bellingham Mayor Kim Lund said via email that even with more than $15 million in dedicated funding last year by the city and other partner investments, it’s still not enough to address homelessness. The city doesn’t get any state dollars to operate or build shelters, and resources are always fewer than needs, Lund said, arguing that the city requires flexibility to address the issue when other avenues have been exhausted.

Lund said that cities need more resources and support, not state-imposed restrictions on “the tools cities have to keep public spaces safe and functional.”

Zaneta McQuarter with the Lived Experience Coalition said at the public hearing that the criminalization of homelessness leads to the loss of job opportunities and connection to service providers. At the same time, she said, it compounds hurdles to housing.

HB 2489 would turn the focus from penalization to dignity, McQuarter said: “It recognizes houselessness as a housing and economic crisis, affirming that people deserve fairness and the right to exist in public spaces when no alternative exists.”

Simone Carter

The Olympian

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