EVERETT, JAN. 27: A bill presented to the Washington State Legislature could limit local governments’ ability to enforce laws that criminalize camping in public spaces without adequate shelter available.
House Bill 2489 would establish statewide standards on how local entities enforce laws regulating the use of public spaces for “life-sustaining” activities, the proposed bill says.
Supporters of the bill, including Rep. Mary Fosse (D-Everett), argue that evictions and homelessness are increasing across the state, and laws and policies that punish people who are homeless, “engaging in necessary, life-sustaining activities in public spaces,” inflict harm and exacerbate barriers to stability.
Under this bill the only time local enforcement laws could be enforced is if the local entity can demonstrate that there is an “adequate alternative shelter” available at the time and place of the conduct.
Those who oppose the proposed bill claim that the definition of “adequate shelter” is “narrowly and rigidly constructed.”
The bill requires shelters to accommodate pets, partners, family members, support persons and personal property. In addition, shelters must be within city limits.
“From my time as a leader of a social service non-profit, I understand the challenges from first-hand experience,” Everett Mayor Cassie Franklin said in a statement. “Many of our chronically unsheltered neighbors need sustained behavioral health treatment and supportive services to reach stability. The simple truth is that those resources simply don’t exist at the scale our communities need.”
Franklin, in addition to 11 other mayors, signed a letter to the bill’s prime sponsor, Rep. Mia Gregerson (D-SeaTac), pushing for the bill to be opposed.
“After careful review, it is clear that HB 2489 would effectively prohibit enforcement of any regulations addressing the harmful impacts of encampments, regardless of location, severity, or risk to public safety, public health or the environment,” the letter sent out Tuesday, Jan. 20 reads.
Supporters of the bill argue that having cohesive state guidance will provide clear guidelines to ensure that responses to homelessness are aligned with “evidence-based, low-barrier, and housing-first principles…”
Law enforcement has expressed concerns over the bill, questioning its implementation and the impact it will have on cities.
The Greater Everett Chamber of Commerce posted a call to action on Facebook, asking members to submit comments to oppose the bill.
“While we support real solutions to homelessness, this one-size-fits-all approach removes local decision-making and creates challenges for business districts and communities across our state,” the Facebook post said.
In 2024, the U.S. Supreme Court made a ruling that gave cities broader authority to enforce anti-camping laws, even when shelter was unavailable.
In 2021, the Everett City Council approved a controversial ordinance that allowed for the creation of service facility buffer zones. Buffer zones, also known as “no sit, no lie,” create boundaries within the city around areas affected by the symptoms of homelessness.
Within an established zone, sitting or lying is prohibited, and a permit is required to give out food and or beverages.
Since the implementation of the ordinance until October 2025, police have given 156 formal warnings in buffer zones for violating the law.
The council voted last year to extend the buffer zone ordinance until 2027. If HB 2489 were to pass, it would take precedence. Meaning if adequate shelter, defined by the bill, was not available, the city could not enforce “no sit, no lie.”
HB 2489 faces a Wednesday, Feb. 4 deadline to advance out of the committee. The state legislature is scheduled to adjourn on March 12.
