(The Center Square) – Spokane Superior Court Judge Tony Hazel has cleared the way for a ballot initiative that would ban camping within 1,000 feet of places like schools, playgrounds and child care facilities to appear on the November ballot.
Local attorney Brian Hansen, the man behind the initiative, argues it will – if passed – protect children.
Earlier this month, nonprofit homeless service provider Jewels Helping Hands and Spokane Low-Income Housing Consortium Executive Director Ben Stuckart sued to stop the initiative from appearing on the ballot.
They argued the proposed camping ban was beyond the scope of the initiative process in that it takes away authority from the city council and runs afoul of a federal court ruling, Martin v. Boise, barring local governments from criminalizing homelessness.
Hazel disagreed, saying in his Wednesday ruling that Spokane might have enforcement issues but that it would be improper for the court to block the initiative.
Spokane Mayor Nadine Woodward issued a statement via her campaign saying she was pleased with the outcome of the hearing, but adding she found it “troubling that Ben Stuckart and Julie Garcia have failed to disclose who has paid for this lawsuit.”
Garcia is the executive director of Jewels Helping Hands.
The Center Square spoke with Hansen’s attorney Mark Lamb shortly after the ruling, who said he was “pleased but not surprised” at the outcome.
“Whether or not you agree with the ideas that are being put forward, that’s ultimately the right of the voters to decide,” Lamb said. “[Judge Hazel] understands that one of the most fundamental rights that we have in a democracy is a right to petition our government.”
That the initiative will appear on the ballot this fall is but the first of a one-two punch suffered by the opposition to the would-be camping prohibition.
Spokane County Auditor Vicky Dalton on Friday confirmed to The Center Square that the opposition missed the May 26 deadline to get a statement against the initiative included in the local voters’ pamphlet.
“That particular group missed the deadline,” Dalton said by phone.
“I’m as disappointed as anyone,” she continued. “When we have an empty spot on the ballot explaining an initiative, it’s really the voters who suffer.”
Dalton went on to say it’s her job to make sure all parties are following the law, joking that both sides of the political aisle being unhappy with her “probably means [I’m] doing something right.”
The Center Square reached out to Garcia as well.
She called the initiative “a boondoggle” and “a useless win.”
Garcia predicted negative repercussions if voters approved the initiative.
“The unintentional consequence of this initiative is encampments,” she said. “When you tell people where they can’t go you must also tell them where they can go. We as a city have yet to establish that. If you overlay the maps it will show you where they are allowed to exist. They will naturally move or be moved there. We can expect encampments to be the new way of life in Spokane.”
The general election is Nov. 7.
