BURIEN, Wash. — In what has become an increasingly antagonistic back-and-forth, the city of Burien has filed a lawsuit against King County and the King County Sheriff's Office (KCSO) over its refusal to enforce the city's camping ban.
The city argues that KCSO violates the Interlocal Agreement between Burien and King County by not enforcing Burien's public camping ban.
In early March, the Burien City Council approved an amendment to its existing ordinance that would create more limitations for people experiencing homelessness in the city. The amendment, approved by a 5-2 vote, creates a 500-foot buffer zone around parks, libraries, schools, daycares, and senior centers and makes it illegal for the unhoused to sleep overnight in those areas.
Earlier this month, King County Sheriff Patti Cole-Tindall filed a legal complaint arguing that Burien's recent amendment criminalized homelessness and, therefore, was unconstitutional. In addition to determining the constitutionality of the amendment itself, Cole-Tindall asked the court if the KCSO is required to enforce the law if deemed unconstitutional.
Attorneys for KCSO later filed a motion requesting a judge temporarily block the ordinance.
The Interlocal Agreement offers police services to the city of Burien through the KCSO. Burien police logos and uniforms are donned by KCSO deputies while on the job.
"In breaching the Interlocal Agreement, King County has placed its judgment over that of Burien's duly elected officials; denied the City of Burien its authority to assist and protect Burien residents, businesses, and property; prevented Burien's City Manager from providing direction to the contract police as stated in the Interlocal Agreement; and interfered with Burien's effort to provide guidance for the unhoused within the city’s boundaries," the City said in a statement Thursday.
The lawsuit was filed in Snohomish County. However, Burien wouldn't comment on why the lawsuit was filed there.
On March 28, the KCSO said the constitutionality of Burien’s anti-camping ordinance is in the hands of the federal court.
"Burien’s attempt to avoid a binding judgment by filing a lawsuit in Snohomish County is just a misguided distraction as we await decision from the federal court," the KCSO statement read.
"They did not consult with us prior to passing this ordinance. We have an obligation to avoid engaging in conduct that has been addressed in federal litigation and found to be unconstitutional," Cole-Tindall said at a press conference in mid-March.
Cole-Tindall said the amendment criminalizes things that people can't help and KCSO does not agree with the city of Burien on where that line was drawn.
"This step is crucial in ensuring the rights of all people within our jurisdiction are protected and upheld and our deputies have the guidance they need to do their work," Cole-Tindall said.