Washington Democrats have introduced House Bill 1380, sponsored by Rep. Mia Gregerson (D-SeaTac), which would prevent cities and towns from banning or heavily restricting homeless encampments on public property, according to 770 KTTH.
The bill requires any regulations to be "objectively reasonable as to time, place, and manner," a vague standard determined by judges. It also applies retroactively, potentially nullifying existing ordinances, and provides legal advantages to homeless individuals challenging encampment restrictions.
The bill allows homeless individuals to sue cities over encampment restrictions, request injunctive or declaratory relief, and argue that the restrictions are unreasonable. If the city loses, taxpayers would be responsible for covering the plaintiffs' legal fees.
Opponents claim the bill's ambiguous language deters cities from enforcing restrictions, as its unclear standards may result in inconsistent court decisions.
State Rep. Mia Gregerson, who advocates for the right to camp on public property, has proposed legislation that could create legal confusion, with different judges potentially issuing conflicting rulings on the same ordinance.
The bill offers no clear definition of “objectively reasonable,” leaving the term open to subjective interpretation when applied to encampment restrictions. Courts are directed to prioritize the impact on homeless individuals, even permitting violations of "unreasonable" ordinances if it is necessary for survival, such as staying warm and dry.
The potential benefits of these ordinances for the broader community are not considered.
Critics argue this framework makes it nearly impossible for cities to defend their policies, likely by design. A local lawmaker told “The Jason Rantz Show” that Rep. Gregerson did not consult cities in her district before moving forward with the legislation.
The 770 KTTH report says that most cities can’t afford the lawsuits triggered by challenges to their homeless ordinances under the vague “objective reasonableness” standard, which invites endless legal disputes.
Critics argue HB 1360, proposed by Rep. Mia Gregerson, is a rebranded version of her controversial “homeless bill of rights” and worsens the crisis by limiting local leaders’ ability to address encampments, prioritizing ideology over solutions.
