Editorial: Everett should wait on ‘no-sit, no-lie’ ordinance

From the Herald editorial team

Often times, the order in which these tools are used is as important as the functions of the tools in a toolbox.

Everett City Council is considering two tools to resolve homelessness and its impact on people on the street and in areas where homelessness is most visible. However, the forthcoming Council decisions on both initiatives should better consider how these initiatives can work together.

Both proposals aim to alleviate homelessness and its effects alongside the Everett Gospel Mission, where homeless people have set up tents, tarps, and other emergency shelters along the sidewalks of Smith Avenue under the I-5 flyover.

A month ago Everett announced that it planned to use more than $ 1 million in government grants and other funds to build a “pallet protection village” on an urban lot adjacent to the Mission, according to Rachel Riley of The Herald. The shelters, built by Pallet from Everett, are 64 square meters made of composite materials and aluminum frames that offer enough space for one or two single beds and the residents’ belongings. The shelters with electric service can be heated and have a door with a lock.

Funding would include a small, fenced-in village with around 20 accommodations, accommodating 20 to 30 people and a caretaker. The shelters would be provided with water, portable toilets, as well as sanitation and garbage services, and are intended as homeless shelters for homeless people who are in between and looking for more permanent shelter and support services. The Everett Gospel Mission has expressed an interest in daily supervision, as well as food, clothing, and other resources.

The council has issued the initial approval for the pilot project to proceed and begin the approval process.

The second initiative proposed to work with the pallet protection village would be a new ordinance that would prevent people from sitting or lying down, as many are now doing under the flyover, as reported by The Herald’s Ian Davis last week. Leonard. Refusing to obey after a police officer reports a violation can result in criminal charges that come with threats of 90 days in prison and a $ 500 fine.

Other “no sitting, no lying” ordinances have led to lawsuits, and a 2008 federal court ruling containing such ordinances was unconstitutional when individuals could not find a place in shelters or sanctioned camps. More recently, this city reached a $ 1.335 million settlement with homeless plaintiffs following a case in the U.S. 9th District Court of Appeal, Martin v City of Boise, after the court found Boise was sleeping in the Couldn’t criminalize the public if no other shelter was available.

However, the same court has allowed such ordinances to be found constitutional if restricted to specific times or areas. Everett’s proposed ordinance would apply to a restricted area focused on the mission east of Broadway between Pacific Avenue and 41st Street.

On the face of it, the proposed regulation appears to be a departure from the recent recognition of local governments that they “cannot stay out of” issues of homelessness and its related problems. Everett, as an example, has led efforts such as embedding social workers on police patrols to connect people with homelessness, addiction, and mental health care needs to services that better address these diseases. It is a far better option than the costly and unproductive cycle of arrest, jail, and street release.

Another provision in the regulation appears to be benevolent; It would prohibit any person or group – a church, for example – from distributing food, drinks, clothing, blankets or other supplies within the zone. While some of these donations go to waste, they also provide support and an important opportunity for the homeless to connect with the wider community.

However, if the regulation can be used in conjunction with the Pallet Protection Project, it could – if applied wisely – provide leverage for those working with people within the homeless community who oppose receiving this help.

However, recent decisions by Everett City Council could work against both initiatives.

The Council’s OK for the pallet project was subject to the proviso that its approval depends on the adoption of the “Don’t sit, don’t lie” regulation. Furthermore, the pallet project would have to be abandoned if a lawsuit successfully challenged the regulation. There is little point in abandoning one solution just because another is unconstitutional in court.

The regulation also does not appear to recognize the ongoing public health emergency caused by the coronavirus pandemic. The number of people the mission can currently accommodate has been reduced due to the need to provide more space between the beds in the shelter. This is a major reason for the increase in those seeking protection under the overpass.

The timing of the regulation is also worrying. If a final vote is adopted by the Council on March 17, it would take effect 15 days later. Assuming approval and without delays, the pallet village could at best take on its first tenants in June.

If the homeless are evicted from the area to other areas of the city for two months or more, they may be excluded from the services and assistance of the Mission. It might also be more difficult to set up tenants for the pallet shelters yourself. One of the benefits of the Pallet Village is that it would allow easier access for those who can connect the homeless community with the support and other services they need.

It is true that the companies and employees working near the unauthorized camp have struggled more with the effects of homelessness than others in the city, but the ordinance – and the risk of jail time and a US $ 500 fine – Dollars – It is untimely when a potentially more effective and humane solution is only a few months away.

The city council should reconsider its timing in using these two tools. At least the implementation of the regulation “Don’t sit, don’t lie” should be delayed until the pallet shelters are ready for the residents.

Better still, the ordinance should be put on hold until the city has had a chance to review how well the pallet project is protecting people from the elements and making everyone’s lives more livable.