Spokane Police Department not enforcing Prop 1 restriction despite prior statements

(The Center Square) – The Spokane Police Department clarified its stance on Thursday regarding illegal camping and the city’s voter-approved Proposition 1, walking back some prior statements on enforcement.

In the weeks since the U.S. Supreme Court ruled in Grants Pass v Johnson, residents have continually called on SPD to begin enforcing Proposition 1, which prohibits camping within 1,000-feet of a school, park or daycare. The Supreme Court decision overturned a prior ruling that held that cities couldn’t enforce anti-camping ordinances without enough shelter beds for their homeless population.

However, in light of the new ruling, Spokane and other municipalities nationwide can begin addressing the homelessness crisis with a new tool; still, many feel like the city is dragging its feet, and some have questioned whether Mayor Lisa Brown is pressuring SPD not to enforce it.

Brown was one of the first Spokane officials to issue a public statement following the high court's ruling. However, she never alluded to Proposition 1 in her remarks. A few days later, SPD Interim Chief Justin Lundgren also issued a statement but made sure to mention the voter-approved initiative.

“The Supreme Court ruling in the City of Grants Pass v. Johnson case clears all hurdles for law enforcement to enforce illegal camping as detailed in Proposition 1. The decision gives Police the authority to cite people camping within 1,000-feet of a park, daycare, or school - either private or public,” Lundgren wrote. “Offenders who are found to be in violation of other laws may also be arrested and taken to jail. Officers will respond to illegal camping complaints as able and warranted, depending on the particular situation, other calls for service, and staffing.”

The Center Square asked SPD at the time if they had cited anyone since the ruling, but SPD Communications Manager Julie Humphreys could not confirm. However, yesterday, she said that SPD had issued 74 citations over illegal camping since January, but none were related to Proposition 1.

Local law already prohibited camping in conservation and natural lands “abutting the Spokane River, Latah Creek and their tributaries.” The law goes even further to say, “At all times, regardless of the availability of shelter, it is unlawful to camp where such activity poses: (a) a substantial danger to any person, (b) an immediate threat and/or an unreasonable risk of harm to public health or safety, or (c) a disruption to vital government services.”

Other restrictions include camping underneath or within 50 feet of a viaduct located within the SPD Downtown Precinct boundary and three blocks of congregate shelters.

The Grants Pass v Johnson ruling allows the city to enforce the next provision, Proposition 1’s camping ban within 1,000-feet of a school, park or daycare. The Center Square asked if Brown was pressuring SPD not to enforce Proposition 1’s restriction, but Humphreys said she could not comment or confirm that.

However, she partially retracted Lundgren’s statements on enforcing Proposition 1 but noted a lack of training and capacity to address homelessness on top of other crimes. Humphreys said SPD is asking officers to hold off on enforcing Proposition 1’s provision until they receive upcoming training bulletins.

“SPD can begin issuing citations under [ Proposition 1’s provision ] following implementation and understanding of a Training Bulletin for officers that is currently being updated and distributed,” Humphreys wrote in an email. “Officers may come upon illegal camps on their own, or be made aware of illegal activity via citizen complaints and will respond as able and warranted.”

Humphrey’s clarification on enforcing Proposition 1 follows another statement from Mike Piccolo, Spokane’s attorney, earlier this week to the city council.

“The city is not bound by the requirement that it must have adequate shelter space to house the homeless,” Piccolo said on Monday. “That also enables the city to enforce the provisions of Proposition 1.”

To confirm the city’s position , Councilmember Jonathan Bingle had Piccolo reaffirm his statement.

“What I’m hearing from you Mr. Piccolo, is that there is no legal reason for us to not be enforcing Prop 1 right now,” Bingle said on Monday.

“Correct,” Piccolo replied.