City of Seattle's plan for clearing homeless encampments called inhumane

The city of Seattle's draft protocol for removing homeless encampments is unreasonable and inhumane and would violate federal and state law, critics said Monday.

It also would not solve the underlying issues of homelessness and lack of long-term, low-income housing in Seattle, homeless advocates said in rejecting the city's self-described "consistent and compassionate approach" to the situation.

"We're all human beings," said John Bailey, a homeless man who says he suffers from post-traumatic stress disorder. "We deserve what we are here for: a roof over every head and a bed under every body."

The city's Human Services Department drafted the protocol following criticism starting last summer of unannounced sweeps of encampments, which are considered public safety and health problems because of drinking, drug use, garbage, rats, fires and lack of toilets.

The proposal says the city generally would give at least 48 hours notice before clearing a camp and would try to connect homeless people with services and shelters, though it could deny notice and referrals if it suspects "illegal activities" or a public health hazard.

The city would store certain personal items, such as prescription drugs or identification cards, for retrieval for up to 60 days.

The protocol would cover all city property and departments. The city would respond to complaints or upon finding an encampment, and could deputize noncity employees to carry out the rules.

Advocates for the homeless were not impressed at a public hearing Monday.

David Bloom, co-chairman of the Interfaith Coalition on Homelessness, said the protocol shows " a greater concern for the letter of the law than the realities of the street."

Bloom cited an annual count of homeless in Seattle and other parts of King County taken early Friday in which 2,631 people were found sleeping in cars, doorways, parks and beneath roadways. About 6,000 more were counted in shelters or in transitional housing.

Dan Wise, director of the Aloha Inn low-income apartments and a member of the steering committee for the Seattle/King County Coalition on Homelessness, said the city's protocol "doesn't go far enough for a pathway out of homelessness. That's where Seattle needs to be."

The protocol violates the Fourth Amendment's prohibition on unreasonable search and seizure, the Fifth Amendment's ban on taking private property for public use (in this case, the use of the land upon which a camp sits) without just compensation, and the 14th Amendment's due process requirement, said Casey Trupin, a lawyer representing the homelessness coalition.

In a letter sent Monday to the city, Trupin said the coalition finds it "counterproductive to cite individuals who are indigent for life-sustaining behavior, such as sleeping in public places or construction of temporary shelters, when there is a lack of long-term affordable housing."

The coalition also criticized a provision that would allow the city to dispose of abandoned property that is "reasonably valued at less than $25." That's an arbitrary amount because "all the belongings of people experiencing homelessness are valuable," Trupin said, "even those without set monetary value."

Instead of a 48-hour minimum notice, the coalition called for advance notice of 28 days, saying that more time is needed when "engaging an individual whose housing options are limited, who has a mental illness, or who may have had bad experiences with police or shelter(s) or other providers."

Most of the citizens who submitted written comments to the city before Monday's hearing found fault with the proposal.

Lisa Dekker said that "for the most part, this is a case of removing the symptom, not curing the problem."

The city's explanation "puts an emphasis on a compassion that does not exist in the proposed administrative rule," Linda Julien said.

But Matthew Hardesty attributed trash and safety problems to the homeless at Jose Rizal Park at the north end of Beacon Hill and "the Jungle," an adjacent greenbelt. "It would be great if the city could find an opportunity to clear those people out," he said.

City Councilman Tim Burgess said city staffers were "definitely headed in the right direction."

GET INVOLVED

"Beyond the One Night Count," a briefing and advocacy training session, will be offered from 1 to 3 p.m. Saturday at Keystone Church, 5019 Keystone Place N., Seattle.

The event is presented by the Seattle/King County Coalition on Homelessness and Faithful Action in Transforming Homelessness, a program of the Archdiocesan Housing Authority. To register online, go to homelessinfo.org.

SPEAK OUT

You can comment on the city's draft protocol for removing homeless encampments until 5 p.m. Thursday. Comments can be made to David Takami, public information officer with the city's Human Services Department in four ways:

E-mail by sending comments to Takami at david.takami@seattle.gov.

Mail to David Takami, public information officer, Seattle Human Services Department, P.O. Box 34215, Seattle, WA, 98124-4215.

Hand-deliver by dropping your comments off at the 58th floor at 700 Fifth Ave. (Fifth Avenue and Columbia Street).

Fax by sending comments to Takami at 206-233-5119.