Washington Supreme Court Limits RV Residency on Public Property

RV on Public PropertyPhoto bySteven WeeksonUnsplash

Washington State's Supreme Court Ruling states that the right to reside doesn't include parking and living in an RV on public property. What does this mean for RV dwellers or homeless people?

First, let's examine the right-to-residence concept and how states interpret it. The right-to-reside principle guarantees individuals the right to live in a particular country or region. Some states may define the right to reside based on citizenship status, granting automatic residency rights to their citizens.

In contrast, other states may have more complex criteria, such as employment or family ties, to determine an individual's right to reside within their borders. States often apply specific regulations and requirements to determine who has the right to reside within their territories.

These regulations can include residency permits, visa conditions, or eligibility criteria for certain social benefits. The interpretation of the concept of the right to reside can vary greatly from one state to another, leading to differences in the rights and privileges afforded to individuals based on their residency status.

The Washington Supreme Court has ruled unanimously that the constitutional right to travel doesn't include the right to live in a vehicle parked on public property.

Many people opt to travel and live in their RV, but this doesn't necessarily classify them as homeless. Yet, the Washington State Supreme Court has determined that this doesn't include RVs parked on public property.

Long gone are the days when RV dwellers could travel and stay the night on public property, in business parking lots, or in other locations for free. Advocates for the homeless have slammed the ruling that sent the lawsuit filed by a homeless man back to the courts for an Appeal.

The ruling allows for the arrest, fining, and impounding of RVs or other vehicles of those who are simply trying to survive under extenuating circumstances. Some people actively choose to be RV dwellers and use public property to park their RV at night for safety and convenience purposes.

Not every homeless person has an RV, and not every RV dweller is homeless. There is a huge difference, and it's often not differentiated. In 2019, the city of Lacey passed an ordinance that banned RVs and other large vehicles from parking on the streets or in parking lots for more than four hours per day.

They went on to implement a $35 fine and even impound the vehicle. The law did include a process for permits to park longer as long as the person was engaged with social services. Jack Potter, a veteran, was ordered to move his 23-foot travel trailer from the Lacey City Hall Parking Lot to Olympia.

The following year, Jack Potter sued, stating that he had the constitutional right to interstate travel and the right to reside. Where do we, as a society, draw the line? Is it a matter of establishing residency?

Parking in public parking areas used to be free of charge. Large box stores, grocery stores, and other places of business used to have specially designated areas for RV parking where they actually invited and allowed RV users to park for free overnight.

What are your thoughts? Should RVs be allowed to park overnight in public parking areas for free? How long should they be allowed to stay? Is there a point where they would be overstaying their welcome?

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