Bill aims to codify Boise case on rights of homeless to survive

HB 1591, sponsored by Mia Gregerson (D–SeaTac), has passed out its policy committee, albeit with significant changes. The substitute version revises the original bill as follows:

• Retains the statement that a person experiencing homelessness has a right to survive in public. Provides that such a person may not be prosecuted criminally under any state or local law for exercising these rights when the person has no reasonable alternative but to survive in public space, and existing local shelters are inadequate in number or capacity or are functionally inaccessible.
• Provides that the exercise of these rights must not impede or limit the authority and responsibility of local governments to manage and maintain public space with respect to public health threats or public safety concerns.
• Removes definitions of "discrimination based on housing status" and "harassment."
• Removes the creation of a civil cause of action.
• Requires by October 31, 2019, that the state, counties, and cities:
  • Examine and evaluate laws, regulations, and policies to determine whether any infringe upon any of the rights of persons experiencing homelessness that were recognized in Martin v. Boise or in this act;
  • Consider and undertake appropriate revisions that are within their jurisdiction to make;
  • Make recommendations regarding revisions that require action by the Legislature; and
  • Report to the appropriate committees of the Legislature.
• Requires by October 31, 2019, that the Office of Homeless Youth Prevention and Protection Programs make recommendations to the Legislature regarding rights of unaccompanied homeless youth and young adults.

AWC has been engaging with the sponsor and proponents on the proposal since December. We appreciate the changes proposed by Rep. My-Linh Thai (D–Bellevue) and continue to work to ensure the bill does not erode the needs of cities to maintain public space for all users.