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Schools and Public Safety

October 29, 2024

REALTORS® know “strong schools” and “public safety” are two of the most important factors homebuyers consider when looking for a home in a neighborhood they can afford.

Our primary focus remains fixed on “housing supply” and “affordability” because that’s where REALTORS® can provide unique expertise. Even so, “quality schools” and “public safety” affect quality-of-life in the neighborhoods we sell, and where our REALTORS® also live. So we welcome the opportunity to collaborate with others who share our values on these important issues.

In this regard, as the two Chamber of Commerce Legislative Coalitions in King County work to develop their legislative agendas for the 2025 session in Olympia, our REALTORS® are

  • Advising the Chambers on critically important Housing issues, and
  • Collaborating on efforts to identify:
    • Ways to improve outcomes of Behavioral Health programs, and
    • New metrics for implementing “compassionate accountability” to address dramatic increases in serious juvenile crimes.

In the meantime, we are also keeping a close eye on numerous lawsuits involving the anti-camping ordinances being adopted by cities.

Quality Schools

Funding for the operation of K-12 schools is the “paramount duty” of the state.  But state funding has not kept pace with inflation since the Supreme Court’s 2012 McCleary decision, so local school bonds and levies take-on heightened importance.  Several districts in King County sought-out REALTOR® support of their requests on the November ballot for voter approval of local funding.  In response, our Government Affairs Committee met with education advocates and officials, and took a close look at the proposals. We endorsed school district funding proposals from Lake Washington (school levy), Issaquah (school modernization and construction bond), and Kent (capital projects and technology levy), and encourage voters to approve these measures.

Public Safety

Currently, the two Chamber of Commerce Legislative Coalitions in King County (Eastside & South Sound) are developing their policy agendas for the 2025 legislative session.  Public Safety is a key concern in three regards: Juvenile Crime, Behavioral Health, and Homeless Camping.

Juvenile Crime

In late September, four south King County mayors (Auburn Mayor Nancy Backus, Federal Way Mayor Jim Farrell, Kent Mayor Dana Ralph, and Renton Mayor Armando Pavone) published a joint Op-Ed in the Seattle Times expressing their frustration with what they described as a “staggering rise” in juvenile crimes during the last two years.  They called-out burglary and aggravated assault, disclosing that juvenile crime increased 28.4% in Auburn, 126% in Federal Way, 73% in Kent, and 140% in Renton.

Some of those crimes, including gun crimes, involve adolescents as young as 10, 11 and 12-years old.

Separately, after a juvenile committed murder, Mayor Backus complained publicly that it takes 5 gun-related violations before juveniles face any significant actions by the court system to hold them accountable.  Backus has scheduled a series of Town Hall meetings - called “SAFE AUBURN: Community Conversations” - to seek the public’s help in turning-around the situation.

The mayors were clear that they are not focused solely on punishment, and acknowledged the problem is complex and layered.  But they expressed concerns about:

  • Removing accountability within the legal system,
  • The real injuries and damages sustained by victims because of re-victimization when there is no accountability,
  • The need for concrete metrics to measure compassionate accountability, and to expect that all juvenile detention and reform programs gather and report the metrics,
  • Strategic up-stream effective intervention when children are at risk, or struggling, before criminal behavior becomes part of their story,
  • The necessity for detention as a part of compassionate accountability, with progressive consequences for criminal activity, and
  • The need for the state to assure the availability of longer-term detention for minors who will be detained more than 30 days, which is a state responsibility.

Behavioral Health

The complexity of behavioral health and addiction challenges that present risks to individuals and communities require new solution-based initiatives that extend beyond just expanding law enforcement support, or increasing criminalization or penalties.  Behavioral health facilities King County have identified actions that may assist with public safety challenges involving behavioral health and addiction, including:

  1. Mandatory Assessment for Multiple Overdoses (like the process for suicide attempts).  Such assessments by qualified healthcare professionals may ensure proper evaluation of ongoing treatment and intervention options to prevent repeated episodes.
  2. Extend Addiction Holds to provide parity between involuntary addiction and mental health laws. Currently, medical hospitals may involuntarily hold patients needing psychiatric assistance until an appropriate psychiatric bed is available. The same is not true for individuals needing involuntary addiction treatment under Ricky’s Law.
  3. Adequate Staffing of Designated Crisis Responders (DCRs) Based on Population Needs.  This would ensure every individual in crisis receives timely intervention, promoting better outcomes for both patients and communities.
  4. Implementation of the IMD Waiver to Address Bed Shortages

Anti-Camping Ordinances

Initially, two federal court cases (Martin v. Boise & Johnson v. Grants Pass) severely restricted the ability of cities to use anti-camping ordinances to respond to homeless challenges when attempting to get individuals into treatment, and to protect communities. The 9th Circuit (which includes Washington) said city ordinances violated the 8th Amendment as “cruel and unusual punishment.”  But the U.S. Supreme Court (SCOTUS) eventually overturned the 9th Circuit, upholding cities’ regulatory authority.

In the meantime, several lawsuits were filed, some of which are still pending:

  • Three plaintiffs sued Burien, claiming the city’s anti-camping ordinance unconstitutionally banished them from the city.
  • Subsequently, Burien beefed-up its anti-camping ordinance, which the King County Sheriff declined to enforce.  Instead, the Sheriff (who provides contracted police services to the city) filed a federal lawsuit requesting a declaratory judgment on the constitutionality of Burien’s ordinance.  Lacking merit, her lawsuit was dismissed before trial. Burien responded with a breach of contract lawsuit against the Sheriff, which is pending.
  • More recently, Burien was sued for requiring the Oasis Home Church to obtain a conditional use permit for the church’s temporary Sunnydale Village homeless encampment on church property. When the church declined to submit a permit application, the city began assessing (unpaid) fines of $250 per day - now totaling $100,000+. The Church and its pastor have filed pending litigation seeking clarification, and attorney fees, in anticipation of creating an additional encampment on church property.
  • Separately, the ACLU has filed litigation challenging Spokane’s camping ordinance based on language in the Washington State Constitution (which is different than the U.S. Constitution’s 8th Amendment verbiage). The city’s ordinance authorizes fines and jail time for camping violators.

In the meantime, other cities are also updating their anti-camping ordinances in the wake of the SCOTUS decision in the Grants Pass case.

For example, Auburn’s city council approved an amendment to its existing camping ordinance, effective October 1, 2024.  It makes camping on all public and city property illegal. City officials say the changes will be strictly enforced in parks, critical environmental areas, wetlands, and on other city-owned properties. Under the ordinance:

  • No camping is allowed on any city property, unless previously permitted, or using the camp facilities at a Game Farm Park Campground site after paying the required fees
  • No camping in critical habitats and wetlands (to protect those areas from damage), and
  • Parks will be closed for all activity during night-time hours (dusk to dawn).

City officials say the changes are designed to protect “community spaces, environmental areas, and ensure Auburn remains clean and safe for everyone.”

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