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Spokane camping initiative moves to ballot, but will it pass the courts?

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(The Center Square) – Despite less than stellar attendance for the Spokane City Council’s last legislative session prior to a three week adjournment, some legislative business was accomplished.

With one district seat vacant following Lori Kinnear’s appointment to council president earlier this year, and councilmembers Zach Zappone and Jonathan Bingle absent, portions of Monday’s agenda were delayed due to lack of a quorum.

One matter that was voted on, however, was the controversial ballot initiative spearheaded by local attorney Brian Hansen.

The initiative would amend the Spokane Municipal Code to make any camping within 1000 feet of any public park, school, daycare, or playground illegal.

“The signage is going to be a nightmare,” said Justice Forall, who stylizes themselves as a “Spokane City Resident” every time they approach the podium during city council meetings. “How are you going to show where people are allowed or not allowed to be?”

“Banning these areas doesn’t make them all of a sudden disappear or or get into jobs or getting them into housing,” said Forall, referencing the more than 40% of Spokane where camping on public land would become forbidden if the ordinance passes the election this November.

Councilmember Karen Stratton kicked off the council commentary portion of the debate clarifying the matter for all present.

“I just want to clarify, we have two choices. We can either vote to put this on the ballot, or we vote to pass it tonight. Correct?” asked Stratton.

Council President Lori Kinnear clarified that the choice was that they could have put it directly on the ballot without the requisite signatures, but now that the signatures have been gathered, they had no choice but to approve the ballot measure.

“He has the requisite number of signatures, and our only choice tonight really is to vote to put it on the ballot,” clarified Kinnear.

“We can’t vote no, whether we like it or not?” asked Stratton

City clerk Terri Pfister then interrupted, adding 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 with all members present not wanting to go against the will of the people.

Hansen’s ballot measure may face further challenges even if it passes in November as the will of the people.

The 2018 decision of Martin v. Boise, handed down by the 9th district court of appeals, ruled that blanket camping bans are illegal if insufficient shelter space exists within the region.

With this ballot initiative covering nearly 40% of Spokane’s geographical area, it is unclear whether a court would find along similar lines if shelter space is deemed to be inadequate.

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