A substitute version of HB 2489, titled the “Shelter, Not Penalties Act,” purports to “support local governments in developing solutions that are fair, effective, and humane” for the homeless in our cities. Despite the title, it does not provide shelter, nor does it provide a solution for governments or the unhoused.

Although the substitute bill has made several changes, it’s fundamentally the same approach AWC has reviewed since the 2018 decision in Martin v. Boise to allow individuals to camp in public without restriction.

Here are the key points that haven’t changed in HB 2489:

• Allows individuals to camp in public spaces
• Does not allow cities to enforce ordinances that prohibit people from camping in public spaces, even specific public spaces, unless shelter space is available
• Creates a private right of action by an individual or an organization to sue a city
• Does not create shelter space or housing
• Does not provide resources or services to support the unhoused
• Does not address concerns by the business community or the general public wishing to safely use public access and parks, playgrounds, and green spaces

Here are the key changes the substitute makes to the bill as introduced:

• The bill no longer applies to adoption of ordinances, only enforcement of ordinances.
• “Available shelter” now includes a shelter outside of the jurisdiction if an interlocal agreement exists.
• The bill removes “other basic activities necessary for survival” from the definition of “life-sustaining activities.”
• The bill allows cities to enforce state criminal laws.

AWC continues to oppose this approach to responding to homelessness.

Date to remember

HB 2489 is scheduled for a committee vote in the House Housing Committee on Monday, February 2, at 1:30 pm and, if no action is taken, on Tuesday, February 3, at 4 pm.

Homeless response bill emerges to allow camping in all public spaces

January 16, 2026

A spiritual successor to several earlier efforts to create a “homeless bill of rights,” including HB 1380 from 2025, HB 2489 from Rep. Mia Gregerson (D–SeaTac) seeks to prohibit adoption or enforcement of ordinances restricting “life-sustaining activities” on public property unless the city or town can demonstrate that (a newly defined) “adequate alternative shelter space” was available at the time and place of the conduct.

The bill provides the following definitions:

• “Life-sustaining activities” include moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, drinking, and other basic activities necessary for survival.
• “Adequate alternative shelter space” is heavily conditioned and includes requirements that shelters accommodate pets, partners, family members, other support persons, and the individual’s personal property to be considered “available.” The shelter must also be located in the city.

Like previous proposals, HB 2489 provides for a cause of action against a city or town and prevailing plaintiffs are entitled to reasonable attorney fees and costs. Plaintiffs who do not prevail are not required to pay defense costs unless the suit is found to be frivolous.

Although the bill no longer contains the vague legal standard of “objective reasonableness,” it takes cities—and the state—back to 2019 by allowing individuals to camp in public, without restriction and at all times, and undermines the comprehensive programs now in place in cities that are working to end homelessness. Please reach out to your legislators and share feedback with AWC.

Date to remember

HB 2489 is scheduled for public hearing in the House Housing Committee on Tuesday, January 20, at 4 pm.