(The Center Square) – A recent initiative with enough signatures to be placed on the November ballot could see its day in court before it even has a chance to become law. A lawsuit filed by Jewels Helping Hands and Ben Stuckart may prevent the initiative from even making it to the ballot.
The initiative, spearheaded by local attorney Brian Hansen, would amend the Spokane Municipal Code to make any camping within 1,000 feet of any public park, school, daycare,or playground illegal.
Voted on in the most recent Spokane City Council meeting, it didn’t exactly receive enthusiastic support from the council.
“We can’t vote no, whether we like it or not?” asked Councilmember Karen Stratton
City clerk Terri Pfister clarified, saying that councilmembers could indeed vote it down, but noted, “That hasn’t historically been what happens on a citizen initiative, typically you send it to a vote of the people.”
Ultimately the vote passed 4-0, adding the initiative to the November ballot for a vote.
Whether or not the Spokane residents actually get to vote on an initiative that gathered thousands of signatures in support – well over the number needed to place it on the ballot – could all hinge on the outcome of the lawsuit.
“Spokane citizens waited in line to sign onto this initiative,” said John Estey, executive director of Clean & Safe Spokane, who helped gather signatures for the initiative. “Ben Stuckart, Jewels Helping Hands, and their extremist Seattle law firm are trying to silence thousands of Spokane voices through litigation.”
Ben Stuckart, former Spokane City Council President, is on the steering committee of Commit to Change WA, a nonprofit organization dedicated to “replace failed laws that criminalize drug possession with an approach that focuses on the social determinants of health and responds to substance use disorders with services tailored to individuals’ needs.”
Jewels Helping Hands is a nonprofit organization that has received funding from the city to provide services for residents at Camp Hope, the former homeless encampment.
“These plaintiffs line their pockets with taxpayer funds meant to mitigate homeless camps. It’s no surprise that they want more homeless camps and are apparently fine with them being near children,” Estey said in a statement, before noting that initiative supporters “followed the letter of the law in collecting thousands of valid signatures for an initiative,” and deserve a ballot vote.
Not everyone feels this way.
“Banning these areas doesn’t make them all of a sudden disappear or or get into jobs or getting them into housing,” said Spokane city resident Justice Forall at a recent city council meeting, referencing the more than 40% of Spokane where camping on public land would become forbidden if the initiative becomes law.
Another member of the public, who happens to be party to the lawsuit, shared similar concerns.
“Enforcement of this initiative without infrastructure to support it will force the City to create more barriers to unsheltered individuals exiting cycles of homelessness. Not to mention the gigantic impact on our court system. Sweeping homelessness out of public spaces will only make it worse for those who are impacted and move impacted folks into neighborhoods that do not have capacity to assist them,” said Julie Garcia, executive director of Jewels Helping Hands, in a statement to The Center Square.
Even if the lawsuit to stop the initiative does not succeed, the initiative could still face a future hurdle.
The 2018 Martin v. Boise decision handed down by the 9th U.S. Circuit court of Appeals found that blanket camping bans are illegal if insufficient shelter space exists within the region.
