(The Center Square) – Six months ago, Spokane advertised a series of roundtables to gather input on overhauling its approach to homelessness; 186 days later, residents are starting to get a picture of what that could look like.
While announced in August, the series lasted into December before the city council wrapped up talks that would inform its overhaul. Two months went by without much mention, but rumors circulated among city staff that the council might introduce the proposed amendments on Monday.
The changes didn’t reach Monday’s committee meeting like some had planned, but The Center Square obtained a copy of several proposals. Internal emails show the council initially planned to propose an “omnibus ordinance” but decided to break it up by at least six issues instead.
“Some of those changes could be impacted by the state,” Councilmember Paul Dillon told The Center Square, “with the discussion around House Bill 1380 as well as siting facilities.”
Homelessness Response Policy
Local law limits Spokane’s ability to open city-funded shelters to low- or no-barrier facilities. The rule makes it easier for people to access housing, but prohibits sobriety checks and mandatory treatment; however, one proposal would eliminate that rule and others around bed replacement.
The change would allow the city to open taxpayer-funded shelters that hold people to a higher standard if approved. It would also eliminate language requiring Spokane to replace shelter beds whenever it closes or relocates a city-funded facility, as requested by Mayor Lisa Brown.
The amendment shifts “shall continuously” provide shelter to “should … but otherwise subject to funding” due to it being “at odds with practical realities” of implementing Brown’s scattered-site shelter model.
Unlawful Camping on Public Property
Another amendment would align local law with the U.S. Supreme Court’s overturning of Martin v. Boise last June. The lower ruling previously prohibited the city from enforcing camping bans without providing enough shelter beds for the homeless, and citations have gone up since.
The overturning allowed the Spokane Police Department to begin enforcing Proposition 1, which 75% of voters approved in November 2023. The mandate expanded the city’s regulations to ban camping on public property within 1,000 feet of a school, park or daycare.
This amendment would remove language so officers can issue citations when no shelter beds are available. Another change would require city staff clearing encampments to save “apparently valuable items or papers kept in clear, sanitary and safely accessible bags or bins.”
Sit & Lie – Repeal or Replace?
Next is Spokane’s “Sit & Lie” ordinance, which prohibits loitering downtown from 6 a.m. to midnight. The council provided two potential versions of amending this law; the first would make it enforceable at all hours regardless of shelter availability, with the other repealing it altogether.
“The existing ‘sit and lie’ ordinance offers no practical benefit to efforts to regulate the unlawful or unsafe use of public spaces,” according to the repeal version, “and unfairly stigmatizes the homeless and unhoused individuals who use public spaces downtown as a last resort.”
However, the amendment wouldn’t change Spokane’s Pedestrian or Vehicular Interference law, which SPD often utilizes in place of “Sit & Lie” due to limitations around shelter availability.
Good Neighbor Agreements & Siting Facilities
The current process for siting facilities mainly applies to those that are “city-owned” rather than “city-funded.” However, Brown’s scattered-site model allows Empire Health Foundation, which essentially controls the model, to open facilities using taxpayer funds without the city owning it.
The proposed amendment requires any city-owned or city-funded facilities receiving at least $50,000 to enter a good neighbor agreement. This legally binding document holds providers to a higher standard to ensure the services don’t impact the surrounding communities.
Councilmember Michael Cathcart attempted to require a good neighbor agreement months ago but failed due to a lack of support from the progressive majority. They say the agreements would make siting facilities nearly impossible, but community input from the roundtables favored the idea. A GNA is a legally binding document describing how a facility and its neighbors will behave towards each other.
Shelter Activation
The last amendment obtained by The Center Square would alter the language regarding when the city activates surge shelters during extreme weather. Currently, Spokane offers extra beds when the temperature is 32 degrees Fahrenheit or less or 95 degrees and higher outside.
This proposal changes “will be activated” to “should be activated,” removing the city’s obligation to provide shelter during extreme weather.
Honorable Mentions – Ban The Address & Homeless Bill of Rights
Other potential changes include new laws or amending existing ones to include expanded policies. Councilmember Lili Navarrete previously pushed for what many called the “Homeless Bill of Rights,” which could resurface in one form or another along with “Ban The Address,” which Dillon has discussed as well.
Conflicts with House Bill 1380
Dillon said some proposals making their way through the Legislature could impact Spokane’s amendments. If approved, HB 1380 would allow homeless people to sue over the “objective reasonableness” of local laws regulating homelessness, potentially setting up many cities for future lawsuits.
“While nothing has been officially introduced, the mayor does not believe now is the right time for major changes,” Communications Manager Erin Hut told The Center Square. “With the state legislative session underway, decisions at the state level could have significant local impacts. It’s important to wait and see how these developments unfold before making any adjustments.”
