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You're driving a Prius with a dog bomb sticker.

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Yep.

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It's good for your cred in a place like Olympia.

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All right, well good.

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Welcome to County Connection, the official podcast

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of the Washington State Association of Counties,

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where we dive into the legislative issues shaping

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the future of our communities.

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From budgets to public safety, infrastructure to elections,

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we'll break down what's happening in Olympia

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and how it impacts counties from across the evergreen state.

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Stay informed, stay engaged, and join us

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as we amplify the voice of Washington's 39 counties.

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Welcome back, everybody, to our second episode of the County

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Connection podcast.

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I'm Paul Jewell, government relations

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director with the Washington State Association of Counties.

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We're here today with Curtis Steinauer.

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Curtis, welcome back to the podcast.

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Thanks, Paul.

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Good to be here.

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Yeah, it's good to see you.

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Last week, we got kind of an update from you

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about what to expect this session.

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Here we are now in the second week.

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Feels like it's been longer than that, at least

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for me, I don't know about you.

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Yes.

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But now you've got a better idea.

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And there's been over 1,000 bills

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already dropped between pre-filing and really

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the first week.

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I know you're eager to talk about at least one

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that you think our members are really find interesting.

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What bill is that?

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So I want to talk about today House Bill 1380.

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This is a bill sponsored by Representative Mia Gregerson.

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This bill has to do with local governments

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authority to regulate access to public space.

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This is an issue that local governments

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been facing for the last decade or so.

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It's mostly in regards to how local governments are

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interacting with their local homeless community,

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their unsheltered community, in regards

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to setting ordinances that govern when, how, and in what

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manner people can access public space that's

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accessible to the general public.

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So place like sidewalks and.

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OK, I was going to ask, what do you

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mean when you say public space?

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So you said sidewalks.

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But what about, so that's outdoors.

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So I'm assuming you're like sidewalks

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outside of public buildings, maybe parks, roadways,

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things like that.

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What about inside?

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Oh, I think this bill gets to those spaces

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as well, a place like the lobby of a city hall, right?

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The specific terminology in the bill

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is any public space that is accessible

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to the general public.

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And so like you said, parks, that applies.

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Outdoor spaces apply.

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But I think also indoor spaces would apply.

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I think in the case of most Washington local governments,

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those indoor spaces are pretty limited, right?

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And where we really see this as a problem

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and where we're going to get into conflict between what's

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in this legislation and what local governments are trying

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to do and, frankly, from Waspac's perspective,

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have a right to do in terms of regulating the public space,

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it's really that outdoor space we're concerned about.

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So this bill is about local governments and their ability

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to regulate that access.

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You said it has to do with any public space that's

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accessible to the general public.

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So for instance, if it's just employee-only space,

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or maybe it's a space that's rented out to,

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you know, leased out to maybe a for-profit business

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or a service provider or something like that,

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we're not talking about those spaces.

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I do not think so.

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So yeah, and that's an interesting question

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that I hadn't really thought about too deeply,

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because the public spaces that we're talking about,

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you know, this bill is targeting a very specific realm

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of this, and that's, like I said, sidewalks, parks,

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public right of ways, places where over the last decade

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we've seen homeless encampments, and we've

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seen unsheltered people living.

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Kind of claiming those spaces.

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Exactly.

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At times, right?

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Right.

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Well, and you know, to be fair, I

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think the word that advocate organization

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would use is existing, right?

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We have a housing crisis in Washington state,

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and I think you have to start this conversation from a place

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of compassion and recognizing that in a lot of cases,

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when you have the unsheltered community in the downtown area

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of an urban core, or really anywhere where they're

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existing in public space, they often do not

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have anywhere else to go.

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Right, I think that's the point of some of these bills, right?

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If you are a person that doesn't have a home, right,

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and you're living on the streets,

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all your possessions are with you on the streets,

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you have to be somewhere, right?

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You can't just disappear.

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Yes.

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And whether we like it or not, that population

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exists here in Washington state.

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Correct, and this kind of gets into the first Supreme Court

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case I want to talk about in relation to this bill.

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Before I get into the details of this bill,

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this background is really important.

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And I think most people that have

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been working in county government

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will be well aware of Martin v. Boise, which

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is a Supreme Court case that basically ruled that you can't

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criminalize homelessness, that you can't write a law that

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results in someone being fined, jailed, or made

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to move from a public space just because they're homeless.

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There has to be some other criminal activity

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or public disruption involved.

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And so that was the law of the land for many years.

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During my time as a housing coordinator

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in Grays Harbor County from 2017 to 2022,

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that was the law of the land.

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What are the impacts of that decision

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when we think about local government regulations?

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Because I know we haven't really gotten

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into the substantive nature of the bill and what it does yet.

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But it's definitely, I can tell you're

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leading us in that direction.

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So what are the practical implications of Martin v. Boise?

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You said it established that you can't criminalize

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being homeless.

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What does that mean?

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That means that the practical implication ended up being in it.

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And there was some other court cases

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that had to happen for us to get there.

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Several cities had a litigation brought against them

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by service providers that work with the homeless.

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When I worked in Grays Harbor, the city

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of Aberdeen, which is our largest city in the community,

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was one of them.

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And those court cases helped set a lot of legal precedent

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around how local government should

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interpret Martin v. Boise.

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And the place we got to was that under Martin v. Boise,

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you can't write an ordinance that

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says homeless people can't exist in public space

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unless you can identify an alternate place for them to go.

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For some communities, Olympia, I think, is a great example.

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Their solution was we create set-aside mitigated tent

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encampments where people are allowed to pitch a tent

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and exist.

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And because we have those spaces to refer people to,

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as long as we have an open spot in those spaces,

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law enforcement can interact with unsheltered people

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who are occupying public space in inappropriate ways,

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sleeping in a park, blocking a business doorway

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in a downtown area.

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And they can refer them to those mitigation places.

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Many other communities took the different strategy

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of ensuring that there was indoor emergency shelter

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to refer someone to.

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But the bottom line is Martin v. Boise

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made it so that you could not enforce ordinances that

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restrict sitting, lying, attempting to keep warm,

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pitching a tent in public spaces,

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unless you could say, these are the places you can do that.

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I see.

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OK.

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That makes a lot of sense because when you first started,

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you said a municipality, a city couldn't

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pass a law that says you can't exist in a public space.

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And I was sitting here trying to think to myself,

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now who would pass a law that says

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you can't exist in a public space?

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But what you're saying is it's a de facto law, essentially,

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because what they would say is you can't sit, stand, pitch

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a tent, loiter for a period of time, et cetera, et cetera.

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And that essentially made it quote unquote,

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if you were a person that was homeless,

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impossible to exist in a public space.

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And we can get into the weeds.

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There's some specifics that they eventually

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courts directed local governments

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to be specific as to time, place, and manner.

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Those are some important terms that

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have made it into this bill.

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We'll talk about in a minute, which just means that,

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for instance, city of Aberdeen.

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Again, I'm picking on them a lot,

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but it's the place I'm most familiar with

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in terms of this issue.

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Their solution to this eventually,

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when I left Grace Harbor County, was

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to have a certain segment of the community's sidewalks

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where you could, between the hours of 10 AM and 6,

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or 10 PM, excuse me, and 6 AM, you

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could have a tent on those areas of the sidewalk

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in just one part of town.

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And that satisfied time, place, and manner.

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I see.

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So the manner is you can sleep in a tent,

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the time being 10 PM to 6 AM, the place

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being these specific streets, the sidewalks.

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So to just make this really simple and really clear,

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if I'm ABC City, we're just going to say I'm city ABC,

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I cannot pass, and I pass a law that says

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you can't camp on my sidewalks, you

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can't hang out in the park for more than two hours,

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you can't be in the park overnight,

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if it's you can't hang out under the eaves

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or around the grounds of City Hall past 10 PM, et cetera,

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et cetera.

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And those are just blanket regulations.

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And there are people who are homeless in my community

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and have no other place to go.

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I'm violating the law.

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But if I'm XYZ City and I have the same regulations in place,

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but at the same time, I designate a location

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or two or three, something that's

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adequate enough for the number of people

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who are in my location roughly, so that I have some place

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where they can go, then if I have those same laws in place,

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I am in compliance with the law.

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That's right.

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And a couple important things.

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One, I don't know that I would assert adequacy was a standard.

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You didn't have to say we have 150 unsheltered homeless people

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on our point in time count, so we have to have 150 places

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to sleep.

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That was not part of the standard.

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You just had to have a place.

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So just a place.

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But it couldn't have been just big enough for one

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if you clearly had 100, could it?

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So Martin v. Boise, and again, this

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is going to be important for when we do dig

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into the specifics of this bill, Martin v. Boise

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was enforced on not the ordinance itself

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and the ordinance's structure, but the enforcement

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of the ordinance.

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So what Martin v. Boise basically said when it was the law

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of the land, and not the decision itself,

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but eventually what the practical implications

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on the ground were after that ruling and the case

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law that came after it, is that you could have a no sit,

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no lie ordinance for your sidewalks, for example.

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But if you didn't, if when the law enforcement approached

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a unsheltered person that was sleeping in a business doorway,

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if they couldn't identify a place for that person to go,

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they wouldn't be able to enforce that law.

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That was the standard.

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I see.

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So at that moment, when I wanted to,

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wouldn't say I might want to enforce, if there's no space,

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00:11:33,600 --> 00:11:36,200
regardless of whether I have space allocated,

264
00:11:36,200 --> 00:11:37,920
if there is no space at that time,

265
00:11:37,920 --> 00:11:40,460
whether it's an indoor shelter, an outdoor space, whatever

266
00:11:40,460 --> 00:11:43,720
it may be, then that's really the test.

267
00:11:43,720 --> 00:11:44,240
Yes.

268
00:11:44,240 --> 00:11:44,840
OK.

269
00:11:44,840 --> 00:11:48,480
Yeah, and I think I've been remiss to not do this earlier

270
00:11:48,480 --> 00:11:51,140
in this discussion, but I think at this point, I should pause

271
00:11:51,140 --> 00:11:52,360
and say, I am not an attorney.

272
00:11:52,360 --> 00:11:55,520
None of this should be construed as legal advice.

273
00:11:55,520 --> 00:11:58,120
All of the decisions that local governments have made

274
00:11:58,120 --> 00:12:01,040
about these ordinances involved a lot of time

275
00:12:01,040 --> 00:12:03,520
between elected officials and their prosecutors

276
00:12:03,520 --> 00:12:08,480
and a lot of litigation between the service providers that

277
00:12:08,480 --> 00:12:10,160
are working on behalf of vulnerable people

278
00:12:10,160 --> 00:12:12,240
and the local governments that have these ordinances.

279
00:12:12,240 --> 00:12:13,920
That's, I think, one of the biggest problems

280
00:12:13,920 --> 00:12:15,580
with this bill we're going to talk about.

281
00:12:15,580 --> 00:12:18,600
In 2024, we had a new Supreme Court case

282
00:12:18,600 --> 00:12:21,160
that set everything on its head a bit,

283
00:12:21,160 --> 00:12:23,480
and that's Grants Pass v. Johnson.

284
00:12:23,480 --> 00:12:25,920
This is a case that came out of Grants Pass, Oregon.

285
00:12:25,920 --> 00:12:29,200
Grants Pass, Oregon had a law that was one of the laws

286
00:12:29,200 --> 00:12:31,440
that we were speaking to that essentially, it

287
00:12:31,440 --> 00:12:35,200
didn't say you can't exist unsheltered in the community,

288
00:12:35,200 --> 00:12:40,920
but it was so onerous or a lower level court

289
00:12:40,920 --> 00:12:44,480
ruled that it was so onerous toward unsheltered people

290
00:12:44,480 --> 00:12:47,440
about where they could be and when they could be there

291
00:12:47,440 --> 00:12:50,600
that Party Johnson, the party that brought the lawsuit,

292
00:12:50,600 --> 00:12:53,720
asserted that it violated vulnerable people's 8th

293
00:12:53,720 --> 00:12:56,000
Amendment rights, and that it amounted

294
00:12:56,000 --> 00:12:57,320
to cruel and unusual punishment.

295
00:12:57,320 --> 00:12:59,280
So it ended up being a civil rights case.

296
00:12:59,280 --> 00:12:59,780
Correct.

297
00:12:59,780 --> 00:13:02,960
And it got peeled all the way to the US Supreme Court,

298
00:13:02,960 --> 00:13:04,760
and in 2024, the US Supreme Court

299
00:13:04,760 --> 00:13:08,440
ruled that it did not violate unsheltered people's 8th

300
00:13:08,440 --> 00:13:10,080
Amendment rights for a local government

301
00:13:10,080 --> 00:13:12,680
to regulate the use of public space.

302
00:13:12,680 --> 00:13:17,160
And they also, in this decision, overturned Martin v. Boise,

303
00:13:17,160 --> 00:13:19,800
and they said that local governments have the right

304
00:13:19,800 --> 00:13:21,680
to regulate these things.

305
00:13:21,680 --> 00:13:24,920
And they said that when a local government does

306
00:13:24,920 --> 00:13:28,080
pass an ordinance that regulates the use of public space,

307
00:13:28,080 --> 00:13:31,320
they shouldn't pass ordinances that specifically single out

308
00:13:31,320 --> 00:13:33,200
one class of people.

309
00:13:33,200 --> 00:13:36,760
They're saying that if someone has a right to access this

310
00:13:36,760 --> 00:13:39,600
space, everyone has a right to access this space in this way.

311
00:13:39,600 --> 00:13:41,640
But if you regulate the right to access space,

312
00:13:41,640 --> 00:13:43,880
you say there's no sitting on the sidewalk.

313
00:13:43,880 --> 00:13:46,760
As long as you say no one can sit on the sidewalk

314
00:13:46,760 --> 00:13:49,680
and no homeless people can sit on the sidewalk,

315
00:13:49,680 --> 00:13:54,440
that you have that power as a local government under Grants

316
00:13:54,440 --> 00:13:55,520
Pass v. Johnson.

317
00:13:55,520 --> 00:13:57,280
So we had the Martin v. Boise case.

318
00:13:57,280 --> 00:14:00,160
That was the law of the land for a while, which we just spent,

319
00:14:00,160 --> 00:14:03,200
it feels like, 10 minutes kind of explaining.

320
00:14:03,200 --> 00:14:05,960
And now you're telling me that this Grants Pass versus Johnson

321
00:14:05,960 --> 00:14:09,680
case that came afterward basically wiped that right off

322
00:14:09,680 --> 00:14:11,160
the table.

323
00:14:11,160 --> 00:14:13,480
So even though that was the law of the land,

324
00:14:13,480 --> 00:14:15,960
how long was that case law in effect?

325
00:14:15,960 --> 00:14:17,960
I don't remember exactly when Martin v. Boise was,

326
00:14:17,960 --> 00:14:19,880
but again, my entire career.

327
00:14:19,880 --> 00:14:21,520
A couple of years at least, right?

328
00:14:21,520 --> 00:14:23,240
2017 to 2024 at least.

329
00:14:23,240 --> 00:14:24,960
OK, so five to seven years.

330
00:14:24,960 --> 00:14:26,560
Let's say five to seven years.

331
00:14:26,560 --> 00:14:27,520
That was the case.

332
00:14:27,520 --> 00:14:33,880
Now we have this new pass out of Grants Pass, Oregon,

333
00:14:33,880 --> 00:14:36,120
which is a beautiful place, by the way,

334
00:14:36,120 --> 00:14:40,040
called Grants Pass v. Johnson, which

335
00:14:40,040 --> 00:14:43,160
put essentially Martin v. Boise to the test again

336
00:14:43,160 --> 00:14:44,960
in front of the US Supreme Court.

337
00:14:44,960 --> 00:14:46,720
And they basically overturned it.

338
00:14:46,720 --> 00:14:47,360
Correct.

339
00:14:47,360 --> 00:14:48,240
OK.

340
00:14:48,240 --> 00:14:49,920
So what are the implications now?

341
00:14:49,920 --> 00:14:52,120
So the implications now are, like I said,

342
00:14:52,120 --> 00:14:54,440
we're under Grants Pass v. Johnson now.

343
00:14:54,440 --> 00:14:56,480
That's the doctrine local governments

344
00:14:56,480 --> 00:14:58,120
are operating under when they regulate

345
00:14:58,120 --> 00:14:59,880
the use of public space.

346
00:14:59,880 --> 00:15:05,360
And a very simplified version of the environment right now

347
00:15:05,360 --> 00:15:07,920
is that local governments have the authority to regulate access

348
00:15:07,920 --> 00:15:11,680
to public space as long as they regulate it for everyone

349
00:15:11,680 --> 00:15:13,520
and not for a specific class of people.

350
00:15:13,520 --> 00:15:14,200
OK.

351
00:15:14,200 --> 00:15:15,800
You did mention that.

352
00:15:15,800 --> 00:15:20,480
So any law that you would pass regarding time, place,

353
00:15:20,480 --> 00:15:23,480
and manner for access to public spaces

354
00:15:23,480 --> 00:15:26,640
has to apply to everyone equally.

355
00:15:26,640 --> 00:15:31,520
You're not allowed to single out people who are homeless, people

356
00:15:31,520 --> 00:15:35,040
who are wearing red shoes, people who have blue hats,

357
00:15:35,040 --> 00:15:38,560
people who wear brown coats, none of that stuff.

358
00:15:38,560 --> 00:15:43,200
It has to be applied everywhere all the time to all the people,

359
00:15:43,200 --> 00:15:44,520
exactly the same.

360
00:15:44,520 --> 00:15:45,720
Yeah, essentially.

361
00:15:45,720 --> 00:15:46,520
Yes.

362
00:15:46,520 --> 00:15:47,120
Yes.

363
00:15:47,120 --> 00:15:52,920
And so now with that background, we can finally, mercifully

364
00:15:52,920 --> 00:15:54,120
talk about this bill.

365
00:15:54,120 --> 00:15:58,640
So Representative Grayerson has introduced House Bill 1380.

366
00:15:58,640 --> 00:16:02,800
And this is a direct response to the new legal climate

367
00:16:02,800 --> 00:16:06,400
we're under with Grants Pass v. Johnson.

368
00:16:06,400 --> 00:16:09,480
This bill introduces a new legal standard

369
00:16:09,480 --> 00:16:18,600
into this very complex and frankly fast changing legal

370
00:16:18,600 --> 00:16:20,680
environment that local governments have had

371
00:16:20,680 --> 00:16:23,520
to navigate over the last decade.

372
00:16:23,520 --> 00:16:25,720
And what this bill would do is it says,

373
00:16:25,720 --> 00:16:28,800
just like Martin v. Boise had ruled,

374
00:16:28,800 --> 00:16:33,920
that when local governments are crafting these ordinances

375
00:16:33,920 --> 00:16:36,200
to regulate the use of public space,

376
00:16:36,200 --> 00:16:39,800
they have to take into account time, place, and manner.

377
00:16:39,800 --> 00:16:42,360
And it sets a new legal standard around that.

378
00:16:42,360 --> 00:16:44,680
It says that local government ordinances

379
00:16:44,680 --> 00:16:48,120
have to be objectively reasonable in regards

380
00:16:48,120 --> 00:16:50,120
to time, place, and manner.

381
00:16:50,120 --> 00:16:53,680
So objectively reasonable is a legal framework

382
00:16:53,680 --> 00:16:56,160
that comes out of another Supreme Court case

383
00:16:56,160 --> 00:16:58,320
that I don't remember the name of.

384
00:16:58,320 --> 00:17:02,920
But it was a 2002 case about police use of force.

385
00:17:02,920 --> 00:17:04,640
And that case ruled.

386
00:17:04,640 --> 00:17:06,840
And it's now the law of the land in every state

387
00:17:06,840 --> 00:17:12,120
in the United States that when a police officer uses force,

388
00:17:12,120 --> 00:17:16,440
they're allowed to as long as their decision was objectively

389
00:17:16,440 --> 00:17:19,720
reasonable given the totality of circumstances.

390
00:17:19,720 --> 00:17:22,640
That's the language and statute, which basically

391
00:17:22,640 --> 00:17:26,400
means that if police use force, they

392
00:17:26,400 --> 00:17:28,360
have to have a good reason to.

393
00:17:28,360 --> 00:17:30,120
And they have to be able to defend

394
00:17:30,120 --> 00:17:32,760
their reasons for doing so.

395
00:17:32,760 --> 00:17:38,800
It can't just be because they wanted to or out of coercion.

396
00:17:38,800 --> 00:17:41,720
It has to be that there was a legal purpose in order

397
00:17:41,720 --> 00:17:44,960
to enforce the law or keep people safe or execute

398
00:17:44,960 --> 00:17:45,800
their duties.

399
00:17:45,800 --> 00:17:48,320
It was objectively reasonable to use force.

400
00:17:48,320 --> 00:17:52,560
So we have this bill that you're saying

401
00:17:52,560 --> 00:17:55,040
is injecting kind of this new legal standard

402
00:17:55,040 --> 00:17:57,640
into this whole conversation around how

403
00:17:57,640 --> 00:18:00,360
do you regulate public spaces.

404
00:18:00,360 --> 00:18:05,240
But wants us to go back to this idea of time, place,

405
00:18:05,240 --> 00:18:07,920
and manner, which sounds like going back

406
00:18:07,920 --> 00:18:10,160
to the previous Supreme Court decision,

407
00:18:10,160 --> 00:18:14,120
even though we have a new decision in the Grants Pass

408
00:18:14,120 --> 00:18:17,160
case that kind of wiped that one off the table.

409
00:18:17,160 --> 00:18:20,240
And then at the same time, it's adding some ambiguity,

410
00:18:20,240 --> 00:18:22,880
it sounds like, to the mix.

411
00:18:22,880 --> 00:18:24,000
Why?

412
00:18:24,000 --> 00:18:27,120
Why would that be the case if the Supreme Court has given

413
00:18:27,120 --> 00:18:31,040
pretty clear direction under Grants Pass v. Johnson

414
00:18:31,040 --> 00:18:32,760
that local governments do have the authority,

415
00:18:32,760 --> 00:18:34,640
as long as it applies equally to everyone,

416
00:18:34,640 --> 00:18:38,440
to regulate as they see fit, essentially, with regard

417
00:18:38,440 --> 00:18:39,920
to access to public spaces?

418
00:18:39,920 --> 00:18:42,680
My best understanding is that this is an attempt

419
00:18:42,680 --> 00:18:44,600
to strike a middle ground.

420
00:18:44,600 --> 00:18:47,160
It is more permissive for local governments

421
00:18:47,160 --> 00:18:48,880
than Martin v. Boise was.

422
00:18:48,880 --> 00:18:54,480
It doesn't say you can't enforce your ordinances unless you

423
00:18:54,480 --> 00:18:56,240
have a place to send someone.

424
00:18:56,240 --> 00:18:58,320
It says that when you write an ordinance,

425
00:18:58,320 --> 00:19:00,880
it has to be objectively reasonable.

426
00:19:00,880 --> 00:19:03,600
Now, there's a more cynical side of me

427
00:19:03,600 --> 00:19:06,440
that I think recognizes that part of the purpose

428
00:19:06,440 --> 00:19:10,640
behind this legislation is to enable the advocacy

429
00:19:10,640 --> 00:19:13,960
organizations to bring suit against local governments,

430
00:19:13,960 --> 00:19:17,960
they think, are creating ordinances that are intentionally

431
00:19:17,960 --> 00:19:21,640
meant to outlaw the existence of unsheltered people.

432
00:19:21,640 --> 00:19:23,400
Well, OK, stop there for a second.

433
00:19:23,400 --> 00:19:25,000
So let's unpack that for a minute.

434
00:19:25,000 --> 00:19:28,480
So you're saying that what you think the intent is,

435
00:19:28,480 --> 00:19:32,400
what you've heard the intent is, is to try to create or try

436
00:19:32,400 --> 00:19:35,440
to carve out a middle ground between Martin v. Boise

437
00:19:35,440 --> 00:19:38,600
and the Grants Pass v. Johnson decisions

438
00:19:38,600 --> 00:19:41,000
in that what's being proposed here

439
00:19:41,000 --> 00:19:45,240
is less restrictive and more permissive to local governments

440
00:19:45,240 --> 00:19:49,160
than Martin v. Boise, but obviously not as permissive

441
00:19:49,160 --> 00:19:52,720
as Grants Pass versus Johnson.

442
00:19:52,720 --> 00:19:57,080
And I assume that has to do with this objectively reasonable

443
00:19:57,080 --> 00:20:00,320
standard that is somewhat ambiguous.

444
00:20:00,320 --> 00:20:03,320
At least I'm interpreting it as somewhat ambiguous.

445
00:20:03,320 --> 00:20:04,720
And let me tell you why.

446
00:20:04,720 --> 00:20:08,840
When you said that this was based upon in many,

447
00:20:08,840 --> 00:20:13,680
or at least this standard is used in cases of, say,

448
00:20:13,680 --> 00:20:15,920
police use of force, and we also know

449
00:20:15,920 --> 00:20:19,920
it's used in self-defense cases as well,

450
00:20:19,920 --> 00:20:25,200
again, were your actions in that particular instance

451
00:20:25,200 --> 00:20:28,560
objectively reasonable given the totality of the circumstances?

452
00:20:28,560 --> 00:20:31,760
It's also used in other places that

453
00:20:31,760 --> 00:20:34,360
aren't necessarily related to local government

454
00:20:34,360 --> 00:20:35,880
regulation of public spaces.

455
00:20:35,880 --> 00:20:38,200
So injecting that creates some flexibility.

456
00:20:38,200 --> 00:20:40,320
It also creates some ambiguity.

457
00:20:40,320 --> 00:20:43,320
I will admit that when I read it at first

458
00:20:43,320 --> 00:20:48,080
in preparing for this podcast, a few alarms went off in my head

459
00:20:48,080 --> 00:20:51,840
because I was trying to find some good definitions for this

460
00:20:51,840 --> 00:20:54,520
related to local government regulation of public spaces,

461
00:20:54,520 --> 00:20:55,920
and I couldn't find any.

462
00:20:55,920 --> 00:20:58,280
And then you say, as I'm thinking about that,

463
00:20:58,280 --> 00:21:00,160
and you're talking about this middle ground,

464
00:21:00,160 --> 00:21:03,400
and I'm thinking about what I just said, then you say,

465
00:21:03,400 --> 00:21:06,240
the more cynical part of me thinks that maybe this is also

466
00:21:06,240 --> 00:21:09,680
an opportunity for litigation to actually occur.

467
00:21:09,680 --> 00:21:13,480
Explain that to me a little bit with the frame of mind of,

468
00:21:13,480 --> 00:21:15,920
OK, this is a middle ground, but we've

469
00:21:15,920 --> 00:21:18,920
got this squishy term in here, and it

470
00:21:18,920 --> 00:21:22,560
might make an opportunity for advocacy groups

471
00:21:22,560 --> 00:21:24,720
to maybe get some better definition around what

472
00:21:24,720 --> 00:21:25,400
that means.

473
00:21:25,400 --> 00:21:26,520
Is that kind of what you're thinking?

474
00:21:26,520 --> 00:21:27,280
Yeah, absolutely.

475
00:21:27,280 --> 00:21:30,280
So I would not say that it's somewhat ambiguous.

476
00:21:30,280 --> 00:21:32,960
I would say that it is completely ambiguous.

477
00:21:32,960 --> 00:21:36,560
I would say that there's absolutely no legal precedent

478
00:21:36,560 --> 00:21:39,640
for what ordinances might meet that objectively reasonable

479
00:21:39,640 --> 00:21:40,520
standard.

480
00:21:40,520 --> 00:21:44,040
We have a decade of case law under Martin v. Boise

481
00:21:44,040 --> 00:21:46,760
and then eventually Grants Pass v. Johnson,

482
00:21:46,760 --> 00:21:50,760
and this would set that cycle completely over again.

483
00:21:50,760 --> 00:21:53,120
Because instead of having to meet the precedent set

484
00:21:53,120 --> 00:21:55,160
in those cases, local government ordinances

485
00:21:55,160 --> 00:21:57,480
would now have to meet this brand new legal standard.

486
00:21:57,480 --> 00:22:00,400
Yeah, because with this term, there is no precedent, right?

487
00:22:00,400 --> 00:22:01,080
Correct.

488
00:22:01,080 --> 00:22:03,440
No precedent and no definition in the bill.

489
00:22:03,440 --> 00:22:07,040
And frankly, we've heard even from the advocacy

490
00:22:07,040 --> 00:22:09,280
organizations that are in support of this

491
00:22:09,280 --> 00:22:12,480
that the only way to define what ordinances would

492
00:22:12,480 --> 00:22:14,720
meet the objectively reasonable standard

493
00:22:14,720 --> 00:22:15,840
is through litigation.

494
00:22:15,840 --> 00:22:16,480
Interesting.

495
00:22:16,480 --> 00:22:18,520
We're not the only state that's done this though, right?

496
00:22:18,520 --> 00:22:19,000
Correct.

497
00:22:19,000 --> 00:22:22,160
So our neighbors to the south have a similar regulation

498
00:22:22,160 --> 00:22:22,640
in place.

499
00:22:22,640 --> 00:22:24,040
I don't know how old it is.

500
00:22:24,040 --> 00:22:26,000
What has their experience been so far?

501
00:22:26,000 --> 00:22:29,680
Right, so in 2021, state of Oregon,

502
00:22:29,680 --> 00:22:33,400
the legislature in Oregon passed the exact language that

503
00:22:33,400 --> 00:22:36,080
is in Representative Gregorson's bill.

504
00:22:36,080 --> 00:22:40,000
They passed this in direct response

505
00:22:40,000 --> 00:22:42,080
to a local government ordinance that they

506
00:22:42,080 --> 00:22:44,360
saw as problematic that the city of Portland

507
00:22:44,360 --> 00:22:50,120
had enacted to try to address its unsheltered population.

508
00:22:50,120 --> 00:22:54,960
This law passed in June in Oregon in 2021.

509
00:22:54,960 --> 00:22:59,040
City of Portland made some, seeing trouble coming,

510
00:22:59,040 --> 00:23:02,440
made some changes to its ordinance in July.

511
00:23:02,440 --> 00:23:06,360
That wasn't sufficient for the advocacy organizations

512
00:23:06,360 --> 00:23:08,320
and they sued that September.

513
00:23:08,320 --> 00:23:10,640
So it's a very quick turnaround from when

514
00:23:10,640 --> 00:23:15,280
Oregon passed the law to when a lawsuit was eventually filed.

515
00:23:15,280 --> 00:23:18,640
And unfortunately, you'd think that that lawsuit might

516
00:23:18,640 --> 00:23:20,320
have created some precedent.

517
00:23:20,320 --> 00:23:22,520
But unfortunately, the city of Portland,

518
00:23:22,520 --> 00:23:27,440
out of fear of this litigation, settled quickly

519
00:23:27,440 --> 00:23:28,480
when they were sued.

520
00:23:28,480 --> 00:23:31,880
And they settled to the tune of $145,000

521
00:23:31,880 --> 00:23:34,200
for a lawsuit that didn't even last two months.

522
00:23:34,200 --> 00:23:34,720
Wow.

523
00:23:34,720 --> 00:23:38,240
So they settled really quickly to avoid a bigger payout

524
00:23:38,240 --> 00:23:39,480
potentially.

525
00:23:39,480 --> 00:23:41,840
But what we got out of it for our use

526
00:23:41,840 --> 00:23:43,400
was actually really nothing.

527
00:23:43,400 --> 00:23:46,040
There's no presidential court decision

528
00:23:46,040 --> 00:23:48,520
for us to base anything on moving forward.

529
00:23:48,520 --> 00:23:50,520
Have there been any other lawsuits in Oregon

530
00:23:50,520 --> 00:23:53,120
around this objectively reasonable standard?

531
00:23:53,120 --> 00:23:55,440
There has not been another lawsuit in Oregon.

532
00:23:55,440 --> 00:23:58,720
I will say that Oregon has far less urban space

533
00:23:58,720 --> 00:23:59,800
than Washington does.

534
00:23:59,800 --> 00:24:02,920
And to my knowledge, local governments in Washington

535
00:24:02,920 --> 00:24:05,360
have more ordinances that I think

536
00:24:05,360 --> 00:24:08,920
are seen as targets for lawsuits by advocacy organizations

537
00:24:08,920 --> 00:24:11,320
than municipalities in Oregon do.

538
00:24:11,320 --> 00:24:12,520
And most of these are cities.

539
00:24:12,520 --> 00:24:14,800
I actually don't know of a county

540
00:24:14,800 --> 00:24:18,440
that is going to be subject to a lawsuit very quickly

541
00:24:18,440 --> 00:24:20,360
after this ordinance passes.

542
00:24:20,360 --> 00:24:23,360
But it would affect all of us in the long term.

543
00:24:23,360 --> 00:24:24,920
And so this is an issue for counties.

544
00:24:24,920 --> 00:24:27,560
And we're advocating that this bill would just

545
00:24:27,560 --> 00:24:30,600
cause a necessary litigation without creating any new services

546
00:24:30,600 --> 00:24:31,880
for unsheltered folks.

547
00:24:31,880 --> 00:24:33,680
So the bill had a hearing this week, is that right?

548
00:24:33,680 --> 00:24:34,200
It did.

549
00:24:34,200 --> 00:24:34,960
And how'd that go?

550
00:24:34,960 --> 00:24:38,640
So the hearing included a lot of opposition testimony.

551
00:24:38,640 --> 00:24:40,960
I don't know exactly how many people testified.

552
00:24:40,960 --> 00:24:45,360
I think somewhere between 20 and 30 people showed up to testify.

553
00:24:45,360 --> 00:24:48,320
And I think two people testified pro

554
00:24:48,320 --> 00:24:50,560
aside from advocacy organizations.

555
00:24:50,560 --> 00:24:54,240
So you had a handful of advocacy organizations, all lawyers,

556
00:24:54,240 --> 00:24:58,360
the ACLU, Northwest Justice, I think an independent lawyer

557
00:24:58,360 --> 00:25:01,680
on their own accord, all showed up to testify pro.

558
00:25:01,680 --> 00:25:04,280
The National Housing Alliance testified pro.

559
00:25:04,280 --> 00:25:07,800
And then one former planner and one official

560
00:25:07,800 --> 00:25:10,760
from the city of Berrien testified pro.

561
00:25:10,760 --> 00:25:13,640
City of Berrien is Rep.

562
00:25:13,640 --> 00:25:14,800
Gregorson's district.

563
00:25:14,800 --> 00:25:20,080
And everyone else, many mayors, many city planners, myself,

564
00:25:20,080 --> 00:25:21,720
and the Association of Washington Cities,

565
00:25:21,720 --> 00:25:23,720
counterpart for us, Carl Schroeder,

566
00:25:23,720 --> 00:25:26,160
all showed up and testified in opposition.

567
00:25:26,160 --> 00:25:29,360
And the same unified testimony that this

568
00:25:29,360 --> 00:25:31,440
would result in unneeded litigation,

569
00:25:31,440 --> 00:25:33,320
that it takes away local government control,

570
00:25:33,320 --> 00:25:37,040
that it subverts the decisions that the Supreme Court has

571
00:25:37,040 --> 00:25:39,080
made in recent years.

572
00:25:39,080 --> 00:25:39,720
OK.

573
00:25:39,720 --> 00:25:42,960
Well, given that that's how the hearing went,

574
00:25:42,960 --> 00:25:46,520
what do you think we can expect with this piece of legislation

575
00:25:46,520 --> 00:25:47,600
moving forward?

576
00:25:47,600 --> 00:25:49,560
Is it going to continue to move?

577
00:25:49,560 --> 00:25:51,440
I know we've been in conversation

578
00:25:51,440 --> 00:25:52,760
with Rep. Gregorson.

579
00:25:52,760 --> 00:25:54,200
This is her bill.

580
00:25:54,200 --> 00:25:56,720
I know she's really passionate about it.

581
00:25:56,720 --> 00:25:58,040
And by the way, Rep.

582
00:25:58,040 --> 00:26:01,160
Gregorson has been great to work with in the past.

583
00:26:01,160 --> 00:26:03,280
And I've spoken to her personally,

584
00:26:03,280 --> 00:26:04,600
along with you on this bill.

585
00:26:04,600 --> 00:26:08,240
And I know that she's really open to hearing our concerns

586
00:26:08,240 --> 00:26:09,960
and potential solutions.

587
00:26:09,960 --> 00:26:13,720
How do you think things are going to move forward,

588
00:26:13,720 --> 00:26:15,840
knowing that we're only in week two of the session?

589
00:26:15,840 --> 00:26:17,080
There's a long road ahead of us.

590
00:26:17,080 --> 00:26:18,160
Yeah.

591
00:26:18,160 --> 00:26:19,160
And I agree.

592
00:26:19,160 --> 00:26:21,320
Rep. Gregorson has been great to work with.

593
00:26:21,320 --> 00:26:23,600
She's brought us into the conversation.

594
00:26:23,600 --> 00:26:28,120
I had naively, first session, with all the opposition

595
00:26:28,120 --> 00:26:33,320
testimony, I had hoped that the bill might slow down or not

596
00:26:33,320 --> 00:26:35,480
move based on that feedback.

597
00:26:35,480 --> 00:26:36,720
That's not the case.

598
00:26:36,720 --> 00:26:41,160
It has an executive session planned for next Tuesday.

599
00:26:41,160 --> 00:26:45,600
Because the chair is the second on the bill,

600
00:26:45,600 --> 00:26:47,720
and they've scheduled an executive session,

601
00:26:47,720 --> 00:26:50,440
I would expect that to move out of committee.

602
00:26:50,440 --> 00:26:54,800
We have a meeting with all the other stakeholders, ACLU,

603
00:26:54,800 --> 00:26:56,960
several other advocacy organizations,

604
00:26:56,960 --> 00:26:59,560
as well as the Association of Washington Cities and several

605
00:26:59,560 --> 00:27:01,480
cities themselves.

606
00:27:01,480 --> 00:27:03,760
We have a meeting with all of those stakeholders

607
00:27:03,760 --> 00:27:05,880
and Representative Gregorson that we're setting up

608
00:27:05,880 --> 00:27:08,880
before that executive session to provide some feedback

609
00:27:08,880 --> 00:27:10,680
since the public hearing.

610
00:27:10,680 --> 00:27:13,080
And then the bill will continue to move through the process

611
00:27:13,080 --> 00:27:17,800
and will continue advocating that this doesn't help

612
00:27:17,800 --> 00:27:21,080
unsheltered folks and causes a lot of problems

613
00:27:21,080 --> 00:27:22,760
for cities and counties.

614
00:27:22,760 --> 00:27:25,840
OK, so the ACLU is involved?

615
00:27:25,840 --> 00:27:26,920
Yes.

616
00:27:26,920 --> 00:27:30,400
They are the loudest advocate for the bill.

617
00:27:30,400 --> 00:27:32,360
And they're also the organization

618
00:27:32,360 --> 00:27:34,360
that brought the suit against city of Portland.

619
00:27:34,360 --> 00:27:35,400
OK, interesting.

620
00:27:35,400 --> 00:27:37,320
All right, well, that's great information.

621
00:27:37,320 --> 00:27:38,880
Thanks for that level of detail.

622
00:27:38,880 --> 00:27:43,520
Boy, that was a long journey backward and forward, Curtis.

623
00:27:43,520 --> 00:27:46,040
I'm glad that you're on top of it.

624
00:27:46,040 --> 00:27:49,280
Second week, you're what, 10 days in.

625
00:27:49,280 --> 00:27:50,280
How are you holding up?

626
00:27:50,280 --> 00:27:53,720
You know, sometimes you take it one day at a time.

627
00:27:53,720 --> 00:27:56,640
I think I'm down to one minute at a time.

628
00:27:56,640 --> 00:28:00,000
Lots to do, just trying to move things forward

629
00:28:00,000 --> 00:28:02,120
and stay on my two feet here.

630
00:28:02,120 --> 00:28:04,760
Well, keep up the good work.

631
00:28:04,760 --> 00:28:06,440
I know our members really appreciate it

632
00:28:06,440 --> 00:28:07,680
and they're dependent on you.

633
00:28:07,680 --> 00:28:08,200
Yeah.

634
00:28:08,200 --> 00:28:09,520
All right, we'll see you next time.

635
00:28:09,520 --> 00:28:12,200
Thanks, Paul.

636
00:28:12,200 --> 00:28:14,280
Thanks for tuning in to County Connection.

637
00:28:14,280 --> 00:28:16,040
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638
00:28:16,040 --> 00:28:17,760
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639
00:28:17,760 --> 00:28:21,080
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640
00:28:21,080 --> 00:28:23,360
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641
00:28:23,360 --> 00:28:25,720
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642
00:28:25,720 --> 00:28:27,080
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643
00:28:27,080 --> 00:28:29,920
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644
00:28:29,920 --> 00:28:30,920
Thank you.

