(The Center Square) – Despite overwhelming support, the Spokane City Council voted Monday against reinstating a public camping ban after the Washington State Supreme Court invalidated the law last week.
The high court said Proposition 1, which 75% of voters approved in 2023, should have never been on the ballot. The justices ruled that the initiative was administrative, not legislative, as required by state law, because it altered an existing policy rather than creating a new one.
The decision allowed the council to replicate Prop 1, as it is known, in the city code. State law delegates that administrative authority to elected officials. Councilmember Michael Cathcart attempted to schedule a final vote for next week, but the motion failed.
“I would be in favor of following our process on this,” Councilmember Kitty Klitzke told her peers.
The old policy aligned with a lower court’s Martin v. Boise ruling, which prohibited officers from issuing citations unless shelter beds were available. The U.S. Supreme Court overturned that last June, allowing officers to enforce Prop 1 until the state struck it down on Thursday.
Klitzke said she turned to her precinct captain for direction after the court ruling but didn’t get an answer right away. They cited a need to meet with the rest of the Spokane Police Department to develop a more comprehensive recommendation, which could happen this week.
She wants to pass an ordinance that works for SPD, possibly with a larger scope. Cathcart said he has another ordinance “that is much more expansive,” but wants to avoid delays. He’s open to change but favors reinstating Prop 1 until they can agree on the scope and language.
“The public has come to expect that this law is on the books,” Cathcart said. “I don’t think that there is any reason that we can’t put this back into place while we debate those other changes.”
Police Chief Kevin Hall told The Center Square that he “can’t say for sure” but he doesn’t think SPD will see any “noticeable difference” in the number of unlawful camping citations issued.
“I remain optimistic that the administration and Council will use this setback as an opportunity to thoughtfully and intentionally improve upon and enhance current ordinances, giving my officers the most effective and efficient tool for improving safety and community well-being in this space,” Hall wrote in a statement to The Center Square on Tuesday.
Representing the conservative minority with Cathcart, Councilmember Jonathan Bingle said to give the people what they want. He’s open to change and a broader community discussion to find a version that works for everyone but wants to put Prop 1 back on the books until then.
The council ultimately voted 4-3, rejecting Cathcart’s motion to suspend the rules so that they could hold a final vote on his Prop 1 ordinance the following week. Councilmember Paul Dillon said it’s about principle over popularity, which he recognized “is not the most popular argument.”
He wants the proposal to go through the committee process before making a final decision, as the city also faces other challenges to its camping laws. Councilmember Zack Zappone, who typically votes alongside the majority, joined Bingle and Cathcart in support on Thursday.
“I voted to support the rules suspension to continue the conversation,” Zappone told The Center Square on Monday. “Although it was voted down yesterday, I will continue to work with stakeholders and city staff on a path forward after Prop 1.”
