PubliCola reports on a King County Superior Court case where unsheltered Burien residents are suing the city over a law that criminalizes sleeping outdoors 24 hours a day. Represented by Northwest Justice Project attorney Scott Crain, plaintiffs argue that the ban, passed on an “emergency” basis in January 2025, violates constitutional rights to travel, constitutes cruel punishment by prohibiting the biological necessity of sleep, and violates protection against unlawful search and seizure.
Judge Michael Ryan questioned the city’s claim that the law applies equally to all citizens and expressed concern about the implications if similar bans are adopted region wide. The city of Burien, which lacks sufficient year-round shelter for homeless individuals, defended the ordinance by arguing enforcement should be decided on a case-by-case basis through the criminal justice system rather than declared unconstitutional before implementation. Judge Ryan plans to take time to consider both sides’ arguments before ruling on the case.