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I didn’t find this covered anywhere else, so here’s the article body: OLYMPIA, Wash. — A bill working its way through the Washington Legislature, with broad Democratic support in the House, would establish statewide standards for use of public space in certain instances. Specifically, the bill prohibits local governments from enacting or enforcing laws that criminalize, penalize, or otherwise do not allow a person from engaging in “life-sustaining activities” on public property. The only time such law can be enforced, in the event of life-sustaining activities, is if the local government can demonstrate that there is an “adequate alternative shelter” available at the time and place of the conduct. In House Bill 2489, “life-sustaining activities” is defined as: moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, drinking, and other basic activities necessary for survival. The bill has a lengthy definition for “adequate alternative shelter place,” as well, requiring it to be legally and physically accessible, does not require the person to sacrifice any right, must accommodate disabilities as well as pets and partners, and is located within the limits of the government enforcing the law. The question of constitutionality has been raised on this topic before. Specifically, whether the Eighth Amendment’s Cruel and Unusual Punishment Clause prohibits municipalities from enforcing laws related to public camping. After several related cases, ultimately, in 2024, the US Supreme Court held that the Eighth Amendment’s Cruel and Unusual Punishment Clause does not prohibit that enforcement. The legislation also creates a private cause of action to challenge the enforcement of a local law that violates the bill. Public testimony for the bill is scheduled for Tuesday at 4 p.m. in the House Committee on Housing. submitted by /u/jvolkman |
