ACLU urges Burien to repeal law it says targets homeless with 'odor' ban

SEATTLE -- The ACLU-Washington released a letter Monday it sent to Burien urging the city to repeal a law that it says targets the homeless by banning anyone with, among other things, "bodily odor or scent" from public property, including parks.

The city has a legitimate interest in maintaining safe and accessible public parks, libraries, and offices," the ACLU letter says. "But current assault, harassment and disorderly conduct laws already empower police officers to cite or arrest those whose conduct poses a genuine risk of harm to others.

"This ordinance goes much further, designating a broad, vaguely-defined set of behaviors ('loud vocal expression' or 'boisterous physical behavior,' 'aggressive language or gestures') and personal attributes ('insufficient clothing,' 'bodily odor or scent') as grounds for exclusion from all publicly owned
property in the city.

"While we realize that some of the ordinance language comes from the King County Library Code, it is neither appropriate policy nor legal to apply rules for behavior in the particular environment of the library to all public property in the city," the letter says.

It goes on to say, "The ability to speak, associate, and travel freely are liberty interests protected by the
Constitution and enjoy special protection in “traditional public forums” like public parks and sidewalks. But this ordinance blurs the line between poor manners (cursing, expressing strong emotions, talking loudly on a mobile phone) and truly dangerous or criminal behavior."

Burien city officials had no immediate response.