The ACLU is hoping that its case against Spokane can be used to leverage the state constitution to better protect Washington’s homeless population.
The American Civil Liberties Union has filed a lawsuit against a Washington city, claiming that Spokane’s anti-camping laws violate the state constitution and infringe upon the rights of people who are homeless.
According to The Associated Press, the ACLU’s complaint is the first legal challenge following a U.S. Supreme Court decision affirming the rights of cities to enforce prohibitions against sleeping outside. In their ruling, the justices said that such anti-camping ordinances are not a form of cruel and unusual punishment and can be enacted even when shelter space is lacking.
But the ACLU is hoping that its case against Spokane can be used to leverage the state constitution to better protect Washington’s homeless population.
“This Spokane case serves as another opportunity for us to build out those protections under our state constitution, which is more protective than its federal counterpart,” said Jazmyn Clark, the director of the ACLU of Washington’s Smart Justice Policy Program.
Clark told The Associated Press that, whereas the Eighth Amendment to the United States Constitution prohibits “cruel and unusual punishment,” Washington’s state constitution restricts all forms of “cruel punishment.”
The distinction, Clark indicated, is critical: Washington’s more general language provides more protection, and could be used to argue that punishments of fines or jail time for sleeping outside are unreasonably harsh.
“You do not need to show that such punishment is also unusual,” she said.
Spokane officials have yet to formally responds to the lawsuit, saying that they have yet to receive a copy of the ACLU’s complaint.
“Once the City is formally served with the suit, the matter will be referred to the City Attorney,” said Spokane City Council President Betsky Wilkerson. “After that, the Council intends to let the legal process unfold in due course and will not formally comment on the matter.”
KREM-2 notes that several city council-people appear at least somewhat sympathetic to the ACLU’s arguments, but aren’t sure what other solutions Spokane can afford.
“We know that criminalizing homeless does not work,” said Councilman Paul Dillon of Spokane’s District 2. “What we really need to move towards, I think, is this alternative response system where we have trained medical workers” respond to encampment-related calls.
Spokane’s ordinances, in their current form, prohibit camping within 50 feet of any railroad viaduct located downtown or within three blocks of a shelter; sitting or lying down on Downtown Spokane sidewalks between the hours of 6 a.m. and midnight; and a voter-approved measure that bans camping within 1,000 feet of schools, daycares, and parks.
Sources
ACLU sues Washington state city over its anti-homeless laws after a landmark Supreme Court ruling
Lawsuit against City of Spokane on homelessness points to several city ordinances
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