Spokane Valley City Council votes unanimously to further criminalize homelessness

Staying in a Spokane Valley park overnight could now result in jail time.

The Spokane Valley City Council unanimously approved an ordinance Tuesday intended to crack down on homeless individuals camping in public areas.

Staying in a park after hours is now a misdemeanor offense under city law punishable by up to 90 days of jail time, a $1,000 fine or both. The ordinance also grants law enforcement agencies the ability to ticket people for camping if they are sleeping in a public space.

Prior to the vote, being in a park after hours was an infraction of city code, and camping was defined in city law as using equipment to stay there. The recently passed ordinance broadens the language to include anyone resting their eyes, while also giving express permission to law enforcement agencies to drive on park land and trails.

The council directed City Attorney Kelly Konkright to draft the ordinance in July, shortly after the U.S. Supreme Court struck down the protections enshrined in the landmark Martin v. Boise case that prevented cities from enforcing camping bans against the homeless if there were not enough shelter beds available.

As the draft ordinance worked its way through the approval process, the council and city staff have described it as another tool for law enforcement when policing Spokane Valley. City Manager John Hohman said Konkright will bring forward additional changes to city code regarding camping on private property in the near future.

Before casting a vote to approve, Councilman Al Merkel again raised concerns over what he sees as a lack of council action to address homelessness in the city since the Supreme Court “took the gloves off.”

Merkel also repeated his pitch of having homeless individuals prove they are U.S. citizens to receive any kind of resources.

“To me, it seems common sense to restrict those services to people who are supposed to be here,” Merkel said. “That’s been the core message that, resoundingly, was sent by voters just a few weeks ago.”

Councilwoman Laura Padden responded by admonishing Merkel for not vetting his ideas before proposing them at public council meetings, referring to his idea of making citizenship a prerequisite, as well as his suggestion of creating a regional facility in a remote pocket of the county. Merkel has floated the latter as a way to force individuals into addiction treatment and support services, and a way to keep the homeless away from the broader community.

“Maybe you should sort of vet something a little bit before you present it as a viable option,” Padden said.

Asking homeless people about their citizenship is likely a violation of several state laws regarding how law enforcement conduct stops, housing and employment discrimination and public accommodations, Konkright said.

Rebutting Merkel’s assertion the council is not doing enough, Deputy Mayor Tim Hattenburg highlighted some of the city’s ongoing homelessness-related efforts, which include the hiring of a second homelessness outreach deputy for the Spokane Valley Police Department by the end of year.

The council has also set aside land for affordable housing, dedicated opioid lawsuit settlement dollars to expanding the regional sobering and crisis center, and continues to participate in conversations with Spokane County and nearby municipalities on regional efforts.

Hohman said the ordinance’s passage will not change the city’s approach to homelessness. He said city staff will continue to coordinate efforts with regional partners like Spokane County, the city of Spokane and various nonprofits to provide needed support.

“We are trying to do our best to engage these folks, and to connect them with services whenever possible,” Hohman said.

The city of Spokane upgraded being in a city park after hours to a misdemeanor in June 2023, but supporters on the Spokane City Council spoke more broadly about that legislation’s intent.

Those who supported the measure said it would improve public safety, after Spokane Police and Park Board officials requested the penalty increase. They argued it was necessary to mitigate a rash of vandalism and violent crimes, including more than $160,000 in damage to park property over six months in 2023, as reported by The Spokesman-Review.

After a nearly six-month enforcement period that included a month where only warnings were issued, only two individuals received citations related to the city’s park ordinance, according to an update provided to the council in January.

Reporter Emry Dinman contributed to this report.