BURIEN, Wash. — A U.S. District Court judge has dismissed the legal complaint filed against Burien over the city's camping ban.
Judge Richard Jones said the court lacked jurisdiction to hear the lawsuit brought by King County.
“Unfortunately, the court determined it lacked jurisdiction to hear either lawsuits brought forward by King County or Burien," the King County Sheriff's Office said in a prepared statement. "Still, that decision leaves unresolved important constitutional concerns that motivated the sheriff to pause enforcement of Burien's ordinance."
Burien Mayor Kevin Schilling said in a statement he was happy the lawsuit was dismissed and that the sheriff's office now needs to enforce the law.
"I look forward to that happening," Schilling said. "The only conversation that needs to happen now is the date and time at which the county will enforce our law."
Burien requested its counter lawsuit against King County and the King County Sheriff's Office over its refusal to enforce the city's camping ban be moved back to Superior Court in Snohomish County, where it was originally filed. That request was granted.
In March, the Burien City Council amended an 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.
King County Sheriff Patti Cole-Tindall filed a complaint with U.S. District Court due to "serious concerns" over the amendment. In addition to determining the constitutionality of the amendment itself, Cole-Tindall asked the court if the sheriff's office is required to enforce unconstitutional laws, as there was still pending litigation against the ordinance under state law.
The King County Sheriff's Office provides police services to the City of Burien under an Interlocal Agreement.
The county was also concerned with the speed at which the amendment was passed. The City of Burien deemed it an emergency, so there was no opportunity for public comment. Law enforcement departments who would be tasked with enforcing it were not consulted before it was passed, according to the county.
Currently, Cole-Tindall is instructing the department not to enforce the amended ordinance.
In the request for a preliminary injunction in U.S. District Court, attorneys for the sheriff's office wrote, "The ordinance makes basic activities associated with homelessness a crime, including the use of 'nonresidential public property as a living space in Burien at all hours.'"
Burien then sued the sheriff's office for not enforcing the ordinance.
"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 previous statement statement.
According to the county, it has provided feedback on what changes would be needed to allow the sheriff's office to enforce the camping ban.
A letter obtained by KING 5 from Sheriff Cole-Tindall to Mayor Schilling and the Burien City Council refers to a Sept. 16 meeting between Burien police Chief Tom Calabrese and Schilling. The letter states Schilling "inquired about enforcing the public campaign regulations including the possibility of the city returning to the previous version" of the regulations.
However, Schilling disputed what the sheriff said happened during the meeting.
"The letter referenced here is based on a friendly conversation between myself and the new chief of police for Burien," Schilling said in a statement. "The sheriff was not present and has mischaracterized my conversation with the police chief for her benefit, and politicized it immediately with a letter instead of a meeting or phone call."