Federal Court dismisses King County’s lawsuit against Burien, remands City’s Breach of Contract case to State Court

The U.S. District Court for the Western District of Washington on Tuesday, Sept. 24, 2024 ruled in favor of the City of Burien, dismissing a lawsuit filed by King County and King County Sheriff Patricia Cole-Tindall that challenged the constitutionality of Burien’s Ordinance 832, commonly known as the “Unlawful Public Camping” ordinance.

The federal court also ordered that Burien’s counter lawsuit against King County be remanded to Snohomish County Superior Court.

As we previously reported, King County’s lawsuit was filed in March 2024 in the Washington Western District court.

It challenged Burien’s Ordinance 832, which prohibits the use of nonresidential public property as living space. The plaintiffs argued that the ordinance was unconstitutional, referencing Ninth Circuit rulings such as Martin v. City of Boise and Johnson v. City of Grants Pass.

However, the federal court found that King County failed to establish standing for federal jurisdiction and dismissed the case.

A critical element of the court’s decision came from the recent U.S. Supreme Court ruling in City of Grants Pass, Oregon v. Johnson, which reversed a Ninth Circuit decision on public camping laws. The Supreme Court determined that enforcing laws regulating camping on public property does not violate the Eighth Amendment, effectively undermining King County’s claims against Burien’s ordinance. The court ruled that the Grants Pass decision “abrogated the Ninth Circuit’s decision in Martin,” removing the legal basis for King County’s constitutional challenge.

“I look forward to the King County Sheriff’s Office enforcing our ordinance now that the US District Court has made its determination that our ordinance does not violate Constitutional rights,” Burien Mayor Kevin Schilling told The B-Town Blog. “The only solution moving forward, as it always has been, is for the Sheriff to prioritize public safety over politics and enforce our ordinance we pay them to enforce. The elected Burien City Council makes laws for Burien, not the unelected Sheriff.”

The federal court also addressed Sheriff Cole-Tindall’s claims that she could face financial liability and loss of livelihood due to enforcing Burien’s ordinance, deeming these claims “subjective” and speculative. The court concluded that no financial risk would be posed to King County for enforcing the ordinance and dismissed the county’s request for a declaratory judgment, characterizing it as an “improper advisory opinion” with no actual case or controversy.

Additionally, Judge Richard A. Jones ruled on a related countersuit, City of Burien v. King County et al, regarding a breach of contract dispute over the county’s police enforcement of Ordinance 832. The judge ordered the case to be remanded to Snohomish County Superior Court, where it was originally filed. The case, initiated by Burien, accuses King County of breaching its contract by refusing to enforce the city’s ordinance. Burien officials expressed optimism about working with King County following the Supreme Court’s decision in Grants Pass.

The ruling effectively closes King County’s federal claims against Burien and allows Burien’s contract dispute with the county to proceed in state court.

King County Responds

We reached out to King County for a response, and they sent us the following statement:

“Unfortunately, the court determined it lacked jurisdiction to hear either lawsuits brought forward by King County or Burien. Still, that decision leaves unresolved important constitutional concerns that motivated the Sheriff to pause enforcement of Burien’s ordinance.

“King County has previously provided feedback on what fixes would be necessary to allow enforcement of the ordinance and, before the court’s decision, the City of Burien indicated they may now be interested in addressing the issues. The Executive and Sheriff continue to be willing to partner with the city to enact an ordinance that can be enforced without violating the constitutional rights of Burien’s residents and we hope to see a resolution. The attached letter was sent by the Sheriff’s Office yesterday morning – before the ruling was issued – and showcases both parties’ interest and willingness to do so.”