Tukwila, WA passes city camping ban with jail time, $1k fine
Tukwila leaders weighs camping ban with heavy penalties
The Tukwila City Council will soon vote on an ordinance that could outlaw camping on city property, making it a misdemeanor for refusing to leave, which could result in jail time or hefty fines.
TUKWILA, Wash. - The Tukwila City Council has passed an ordinance that would make camping on city property a misdemeanor. The proposal, brought forward by Interim Police Chief Eric Lund, sparked a debate over public safety, homelessness and enforcement.
The ordinance, which passed 4-3 Monday night, prohibits camping on city-owned property, including parks, rights-of-way, sidewalks and other public spaces, unless specifically authorized.
Once it goes into effect in five days, violations could carry penalties of up to 90 days in jail and a $1,000 fine.
City leaders said the ordinance is not intended to criminalize homelessness, but rather provide police with a legal tool to respond in situations where someone refuses to leave public property after being offered services.
Police chief says ordinance is not a solution to homelessness
During the July 13 committee discussion, Chief Lund told council members:
In a statement, Lund told FOX 13 the Tukwila Police Department would continue its current approach of offering resources before enforcement.
He said the ordinance is specifically aimed at situations where someone refuses available assistance and remains on public property.
(File / FOX 13)
Chief says enforcement would be rare
What they're saying:
Lund told council the department rarely encounters situations where someone refuses to comply after services are offered.
"In the past year, there has only been one encampment where the person refused to leave," Lund said.
He estimated Tukwila currently has between five and 10 encampments based on recent patrols along the Interurban Trail and city parks.
Lund said many people living in encampments are facing addiction or mental health challenges.
"Most of the encampments on public property in Tukwila involve people who are battling addiction and/or are in mental crisis, or both," Lund said.
Overhead view of International Boulevard (formerly Washington State Route 99 in Tukwila, Washington, seen looking north from the Link light rail station. (Bruce Englehardt // CC BY-SA 2.0)
Ordinance follows Supreme Court ruling on public camping laws
The proposed ordinance references the 2024 U.S. Supreme Court decision in City of Grants Pass v. Johnson, which found cities may enforce generally applicable laws regulating camping on public property.
The ordinance states: "The U.S. Supreme Court’s decision in the City of Grants Pass v. Johnson (2024) confirms that municipalities may enforce reasonable, content-neutral public camping regulations regardless of shelter availability."
City documents say the goal is to address concerns related to public safety, accessibility and the use of public spaces.
The ordinance states:
Proposed penalties draw council concerns
During discussion, council members raised questions about the consequences of creating a misdemeanor offense, including the possibility of fines and criminal records.
The other side:
Councilmember Verna Seal said homelessness itself should not be treated as a crime but expressed concerns about the penalties outlined in the ordinance.
"I don't think homelessness is a crime. I don't think that's what we're doing here," Seal, position 1, said.
She specifically questioned the penalty section.
"The part about this that gives me the biggest, largest amount of heartburn, other than the obvious, is when I'm looking at the actual ordinance under penalties and enforcement. A violation of this section is a misdemeanor punishable by 90 days in jail and or up to $1,000 fine," Seal said.
Councilmember Seal also asked whether the city could use a civil infraction instead of a misdemeanor. Chief Lund said state law requires a criminal offense if officers need legal authority to physically remove someone.
"There has to be an associated crime. So, if it's a civil penalty that doesn't fit the definition, therefore, we would be in violation of the law if we used force," Lund said.
(File / FOX 13)
Community members divided during public comment
Local perspective:
Residents and advocates spoke on both sides of the proposal.
Patrick Burnite, a case manager with We Heart Seattle, supported the ordinance and shared his own experience with homelessness and addiction.
"I was addicted myself, living in a tent for over a year, addicted, homeless, and never had any reason," Burnite said. "No services were ever provided to me, or reasonable services other than maybe someone bringing me cookies."
Burnite said leaving people in tents does not help them move forward.
"Being in a tent does not help anybody," Burnite said. "A tent is a super temporary solution that never really seems to work."
Other speakers argued criminal penalties would not address the underlying causes of homelessness.
Pastor Jan Bolerjack, who says a 78-year-old disabled man is living on the floor of the Riverton Park Methodist Church, told council:
"We have a problem, but the problem is not with the unhoused people. The problem is with the system. We still don't have the resources to serve the folks that are sleeping in tents or on the ground," Bolerjack said.
Bolerjack argued the city is targeting people rather than fixing the system.
"Criminalizing this is not going to be a deterrent," Bolerjack said.
City says services would come before enforcement
The ordinance states officers will prioritize voluntary compliance and connecting people with available resources. The Tukwila Police Department currently works with two embedded mental health professionals, according to Lund.
"Tukwila PD contracts with two Mental Health Professionals who are embedded in the police department's patrol division," said Lund. "They are very involved in trying to help people with long term solutions with a variety of issues, including mental illness, addiction, homelessness, etc."
The city lists several available resources, including transitional housing partnerships, outreach programs, behavioral health services and shelter referrals. Lund said the department views enforcement as a final step.
"Again, this ordinance is just about when everybody, when that person refuses all services, we come to that decision point of can we make you move or not, and that's what it boils down to," Lund said.
What's next:
The Tukwila City Council approved the camping ordinance during its July 20 regular meeting. The ordinance will take effect five days after passage and publication.
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The Source: Information in this story came from the Tukwila City Council and original FOX 13 Seattle reporting and interviews.