CLARKSTON, Wash. — Four unhoused individuals and a non-profit in Clarkston are suing the city over what they claim is an "unconstitutional" homelessness ordinance.
The Northwest Justice Project announced Friday it is representing Elves for the Homeless and four people experiencing homelessness in Clarkston in a lawsuit against the city. The lawsuit alleges the city violated Washington state's constitution by adopting an ordinance that prohibited camping outside, which the complainants claim "inflicts cruel and unusual punishments, deprives individuals of due process and violating the American with Disabilities Act" (ADA).
According to the lawsuit, the city of Clarkston declared a state of emergency on Feb. 6, 2024, citing as many as 75 people being without housing in the winter along with no shelter available. That same day, the Clarkston City Council adopted Ordinance 1706, which prohibits camping outside between 9 a.m. and 7 p.m., having items not "essential to living" and limits an unhoused individual's space to an 8'x8' plot. The ordinance also designates certain local parks as public shelter space and allows police to seize unattended property as abandoned.
Violating Ordinance 1706 is punishable by 90 days in jail, a $1,000 fine and a six-month exclusion order, according to the city of Clarkston's municipal code.
“It’s inhumane, anyone who has to live with that restriction would understand that," said John Parke, one of the plaintiffs suing the city. "It’s not intended to allow us to exist in this City, it’s intended to criminalize us for existing."
The lawsuit also claims the city violated the ADA. On March 7, 2024, the four unhoused individuals sent a letter to the city requesting "a reasonable modification" under the ADA. The request was to stop enforcing the ordinance against them based on their individual disabilities.
According to the lawsuit, the city has not granted the request.
The lawsuit also claims the city violated several rights guaranteed under the Washington state constitution, including the right to freedom of travel, the right to due process and the right to avoid cruel and unusual punishments.
Elves for the Homeless and the four other listed plaintiffs are seeking an injunction to stop enforcing the ordinance, a declaration that it is unconstitutional and other relief the court deems necessary.
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