Town policy on homeless camping awaits U.S. Supreme Court ruling

Because of its desirability and geographic constraints limiting growth, La Conner has long dealt with a housing crunch, especially with affordable housing.

Those conditions have now contributed to a pressing side effect: homelessness.

In his written report delivered in advance of the April 23 Town Council meeting at Maple Hall, Town Administrator Scott Thomas noted that homeless people have begun camping overnight at Pioneer Park.

“The town has experienced ongoing issues stemming from homeless individuals camping in the park, primarily resulting in discarded trash and unsanitary conditions,” Thomas wrote. “Code enforcement and sheriff’s deputies have contacted individuals camping in the park and have asked them to move to another location.”

Thomas said the town is awaiting a U.S. Supreme Court decision anticipated this spring before developing a formal course of action regarding homeless camping on town property.

He told council members that the Ninth Circuit Court of Appeals in Martin v. Boise has previously ruled that enforcement of ordinances prohibiting the homeless from sleeping or camping on public property is unconstitutional when those persons have no meaningful alternative.

“In December 2019,” Thomas wrote, “the U.S. Supreme Court denied a petition for review filed by the City of Boise, which means that Martin is the binding authority in the Ninth Circuit – which includes Washington state – for the foreseeable future.”

With no designated place for the homeless to camp in La Conner, Thomas said the town has not acted against those camping in public places that are not remote “with the understanding that crime is much less likely to occur in such locations.”

Thomas said that while the Martin case was denied review, the Supreme Court has accepted review of City of Grants Pass, Oregon v. Johnson, another Ninth Circuit case in which the main issue of contention is whether enforcement of “generally applicable” laws regulating camping on public property violates Eighth Amendment protections against cruel and unusual punishment.

Argument in that case was scheduled to begin this week.

“Once we have reviewed that coming decision, we will be in a better position to develop a course of action,” Thomas said.

In other developments, Thomas said a firm has been selected to plan for improvements at the La Conner wastewater treatment plant. Wilson Engineering of Bellingham will prepare a combined general sewer and wastewater facilities plan and evaluate the plant’s wastewater collection and treatment systems.

Thomas said the town, if granted state approval, will use grant funds to pay the lion’s share of the engineering costs.

“Previously, the town had received a nutrient reduction grant from the state in the amount of $162,903,” he said. “Because this project will result in a significant reduction in nutrient discharge, we intend to use the grant funds for engineering services. However, the state has recently indicated to us that we will need to make a request to use them for the intended purpose.”

Thomas also informed councilors that Jennifer Herring, who has prior experience as a librarian, is joining the town staff on a part-time basis to handle reception duties and other tasks as assigned.

“We look forward to seeing how we can put her research skills and grant writing experience to good use for the town,” Thomas said.