WA Supreme Court strikes down Spokane camping ban initiative

Camp Hope, which used to house up to hundreds of unhoused people in its 18 months of operation in 2022 and 2023, prompted a local initiative banning camping 1,000 feet from schools, parks and day care centers. The Washington Supreme Court ruled that the measure, which voters passed overwhelmingly in 2023, was beyond the scope of what is allowed with local initiative power. (Young Kwak for Cascade PBS)
The Washington Supreme Court on Thursday nullified a 2023 Spokane ballot initiative that expanded the city’s camping ban, reversing decisions from trial and appeal courts.
The majority for Jewels Helping Hands and Ben Stuckart v. Brian Hansen, et al., in an opinion written by Justice Gordon McCloud, stated that Proposition 1 was beyond the scope allowed by local initiative power because it “administer[ed] the details” of the city’s existing anti-camping policy rather than create a new law or policy.
“I hope this decision paves the way for less discrimination against our homeless neighbors,” said Julie Garcia, founder and executive director of Jewels Helping Hands, one of the plaintiffs in the case who sought to block the initiative.
The initiative, sponsored by Spokane resident Brian Hansen, prohibits camping within 1,000 feet of schools, parks and day care centers. It was a response to concerns over rising criminal activity near Camp Hope, an encampment that operated for 18 months in the East Central neighborhood and once contained several hundred unhoused residents. The encampment closed in June 2023.
Advocates for the unhoused, who brought the lawsuit, opposed the initiative, noting that it greatly expanded the area where camping is not allowed. However, Spokane voters overwhelmingly passed Proposition 1 in 2023 with nearly 75% of the vote.
The city did not enforce Proposition 1 until the U.S. Supreme Court ruled last summer that states can criminalize homeless encampments regardless of shelter space availability, reversing a previous court decision.
In a written statement, Mayor Lisa Brown wrote that the city’s ordinance prohibiting camping in public areas remains in effect and that the Spokane Police Department is enforcing the law. However, Brown emphasized support for a much more comprehensive approach to addressing the city’s unhoused population, stating that “enforcement alone is not going to solve homelessness.”
Justice C.J. Stephens wrote a dissenting opinion, stating that the majority’s interpretation of what is deemed administrative was too broad and effectively eliminated local initiative power. Stephens felt the proponents of Proposition 1 believed it was a “different policy direction” from the city’s camping policy, and so the initiative was within the scope of what is allowed under the law.