SPOKANE, Wash. — A lawsuit filed Friday afternoon in U.S. District Court is attempting to stop authorities and local leaders from clearing out the homeless encampment by I-90.
The 25-page lawsuit is asking a judge to pump the brakes and let the hundreds of people camping on WSDOT property to stay there so long as the department of transportation lets them.
The city and Spokane County are listed as defendants, as are Spokane Police Chief Craig Meidl and Spokane County Sheriff Ozzie Knezovich. Both have stated they want to avoid using law enforcement to clear out the camp come mid-November, but people who refuse to leave will be arrested.
The lawsuit says statements like that are causing "significant trauma" and large number of residents have mental and physical disabilities. The complaint says forcing them to leave would violate the Americans with Disabilities Act.
Spokane County has already filed a lawsuit against WSDOT, calling the camp a nuisance property while highlighting the spike in crime and the harm that's been done to families and businesses over the last 10 months.
The lawsuit filed Friday says the blame can't be put on all campers, saying:
"Just as the government cannot evict all residents of an apartment complex because a handful of residents are suspected of crimes, it cannot evict all the residents of Camp Hope based on suspicion that some of them are criminals."
The lawsuit is asking the court to take several actions:
- Declare that plans to remove people and property violate their constitutional rights
- Block the sheriff and police chief from arresting and removing people, unless there is probable cause for a criminal offense.
County leaders are moving forward with plans to clear out the camp by mid-November.
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