The American Civil Liberties Union has filed a lawsuit against the city of Spokane, Washington, alleging that its anti-camping laws violate the state constitution. This legal challenge comes after the U.S. Supreme Court ruled that cities can enforce outdoor sleeping bans. The complaint challenges ordinances that make camping, sitting, or lying on public property misdemeanors in certain circumstances.
It is unclear whether Spokane has begun enforcing its anti-camping ordinances following the Supreme Court ruling. The city attorney’s office has not yet commented on the lawsuit, and messages to the mayor seeking comment were not returned. Spokane City Council is aware of the complaint but has not been provided a copy and stated that they will let the legal process unfold before commenting on the matter.
The lawsuit includes plaintiffs who have been cited by police under Spokane’s ordinances, including a homeless person, someone formerly homeless, and a homeless services nonprofit. The ACLU argues that punishing sleeping outside with fines and jail time may constitute cruel punishment, which would violate the Washington state constitution’s prohibition on cruel punishment. Similar legal challenges have been filed in other states with state constitutions that prohibit cruel punishment without mentioning unusual punishment.
Spokane’s ordinances against camping and sitting outside have created “near-total islands of exclusion throughout the city,” according to the ACLU. Before the Supreme Court ruling, ACLU affiliates in Hawaii and Colorado had filed similar lawsuits claiming that anti-homeless camping measures violated state constitutions. While Hawaii’s constitution prohibits “cruel or unusual” punishment, Colorado’s constitution language is pending legal challenges.
Spokane’s ordinances include prohibitions on camping within 50 feet of a downtown railroad viaduct, sitting or lying on the sidewalk in the downtown area between 6 a.m. and midnight, and camping near schools, daycares, or parks. The city has prosecuted hundreds of cases of unlawful camping and sitting violations over the years, with a significant increase in 2023. The city had implemented these ordinances to regulate encampments in public spaces.
Following the U.S. Supreme Court’s ruling, other cities and states, including California, have adopted more aggressive approaches to clearing tent encampments. In Washington, which had the fourth-largest homeless population in the U.S., the issue of homelessness remains a significant concern. The ACLU’s legal challenge in Spokane is part of a broader effort to protect the rights of individuals experiencing homelessness and challenge punitive measures that criminalize homelessness.
