On Friday, Mar. 8, 2024, the City of Burien issued a statement in response to the King County Sheriff’s Office directive to not enforce the city’s public camping ordinance.
The King County Sheriff’s Office (KCSO) this week advised its deputies against enforcing Burien’s public camping ordinance, “which is a breach of the interlocal agreement for contracted law enforcement services provided by King County to Burien,” the city said.
According to the contract for police services, if there is disagreement regarding a contracting city’s “procedure, policy, goal or operation” the solution is not unilateral action by King County, its Sheriff, or members of the KCSO, rather the parties shall negotiate to reach a final determination.
“The Sheriff’s refusal to follow the contract is a violation of the contract terms,” the city added. “Additionally, it is the Burien’s City Manager who has ‘the general duty and responsibility of providing the assigned police chief with general direction relative to the furnishing of law enforcement services to'” Burien.
“At this time, the King County Sheriff’s Office will not enforce on the public camping portion of Burien Municipal Code (BMC 9.85.150), until the constitutionality of the ordinance is resolved,” the county said. “All criminal code violations will continue to be enforced. We expect to have completed an analysis of the legislation early next week and will provide an update to Burien at that time.”
The county appears to be concerned over the legal issues this ordinance might raise.
“We have substantial concerns that Burien’s new ordinance violates binding federal case law,” King County said in a statement. “Because Burien adopted its ordinance on a highly accelerated timeline, there was no opportunity to address the serious constitutional issues raised by this ordinance.”
Here’s more from the city:
“The KCSO’s unilateral decision amounts to King County claiming the authority to decide the constitutionality of existing laws and potentially politicizing an important public safety issue. This ordinance remains the same in terms of scope as the ordinance the Sheriff stated on November 3, 2023, was a policy decision of the Burien City Council and that Burien Municipal Code 9.85.150 “has not been found to be inconsistent with applicable court cases or law.” The ordinance adds no greater exposure than what existed in the previous versions of the ordinance. The only increased limitation is not from the ordinance but from a map that places a reasonable limitation on where the unhoused may rest if there are no shelters, treatment facilities, or beds available to them.
“Burien’s public camping ordinance was initially adopted in 2023 and amended on March 4, 2024 (Ordinance 832). While Burien actively strives to ensure outreach and services are offered before enforcement, and encourages the KCSO to contact service providers, if an individual refuses the available shelter and refuses to leave public property after repeated contact with service providers they could be charged with a misdemeanor.
“Burien will work with the Oversight Committee to redress the situation using remedies available under the existing contract.”
King County Responds
King County issued this response on Friday afternoon, Mar. 8, 2024:
“King County is reviewing the homeless camping ordinance that was passed by Burien City Council this week to determine how to manage the next steps from a law enforcement perspective. We have substantial concerns that Burien’s new ordinance violates binding federal case law. Because Burien adopted its ordinance on a highly accelerated timeline, there was no opportunity to address the serious constitutional issues raised by this ordinance. At this time, the King County Sheriff’s office will not enforce on the public camping portion of Burien Municipal Code (BMC 9.85.150), until the constitutionality of the ordinance is resolved. All criminal code violations will continue to be enforced. We expect to have completed an analysis of the legislation early next week and will provide an update to Burien at that time.”
Mayor Schilling Responds
Burien Mayor Kevin Schilling sent us the following statement:
“The City of Burien pays millions of dollars to the King County Sheriff’s Office with the expectation they will enforce our city codes and laws to keep the community safe and publicly accessible for all. Right now, the Dow Constantine appointed Sheriff is prioritizing politics over public safety. Burien is already wanting to examine our Interlocal Agreement with KCSO, as well as putting a public safety levy on the ballot. This situation will only expedite those discussions and begin conversations for how the City of Burien can receive services more specifically catered to our needs and our funding streams. This is the consequence of not having an elected county sheriff. I’m disappointed in this undemocratic decision from Dow Constantine and the Sheriff to make decisions that override what Burien voters want.”
More information:
- Ordinance No. 832 Frequently Asked Questions
- Agenda Bill for Ordinance No. 832, Amending BMC 9.85.150, approved March 4, 2024
- Interlocal Agreement Between King County and the City of Burien Relating to Law Enforcement Services
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