House Bill 1360, introduced by Washington Democrats, is stirring controversy due to its potential to legalize homeless encampments statewide and undermine local government efforts to regulate them. The bill, sponsored by State Rep. Mia Gregerson, prevents cities and towns from banning or limiting encampments on public property unless the restrictions are deemed “objectively reasonable” by a judge.
This vague language could lead to inconsistent enforcement, as the same law might be interpreted differently depending on the judge. Additionally, homeless individuals can sue local governments over restrictions and have an affirmative defense that the rules are unreasonable, further discouraging enforcement.
Critics argue that the bill provides a legal advantage to homeless individuals, making it difficult for cities to defend their ordinances. If local governments lose such lawsuits, taxpayers would bear the cost of the homeless individual’s legal fees.
The lack of clarity around what qualifies as “objectively reasonable” makes it almost impossible for cities to confidently enforce encampment bans, especially when the impact on homeless individuals is prioritized over community concerns.
The bill’s proponents, including Gregerson, view it as an essential step in protecting the rights of homeless individuals, while opponents see it as an overreach that exacerbates homelessness and burdens local governments.
The introduction of this bill highlights ongoing tensions in addressing homelessness in Washington, with critics accusing lawmakers of focusing on legal and rights-based solutions instead of addressing the root causes of homelessness itself.