3 unhoused individuals sue City of Burien over unconstitutional ordinance

The Seattle/King County Coalition on Homelessness and three unhoused individuals filed a lawsuit on January 3, 2024, against Burien’s Ordinance 827, claiming it violates the Washington Constitution. The ordinance criminalizes homelessness by prohibiting individuals from living on public property at all times, with no designated areas available as the city has not established any. The plaintiffs argue that the ordinance causes cruel and unusual punishment and infringes on due process rights due to its vague language. Alison Eisinger, Executive Director of the Coalition, stated, “It shouldn’t be a crime to be human and homeless. ” The lawsuit seeks an injunction against the ordinance's enforcement and a declaration of its unconstitutionality, pointing to the critical lack of shelter in Burien and King County.

Reports indicate that more than 53,000 residents faced homelessness in 2022, reflecting a national housing crisis. The ordinance has been criticized for failing to provide viable alternatives for the unhoused. King County requires an estimated 18,200 additional units of temporary housing to meet unmet needs, making the lawsuit's outcome significant for local policy and community welfare.