King County Sheriff's Office on Supreme Court Ruling: 'We Will Not Stop Based on Changes to This Law Until Other Issues Are Resolved'; Mayor Responds

In a 6-3 decision on the City of Grants Pass OR v. Johnson et al, the Supreme Court on Friday, June 28, 2024, upheld anti-camping laws, allowing cities to ban homeless people from sleeping in public spaces , including in Burien.

The court ruled that homelessness is not a status protected by the Eighth Amendment's ban on cruel and unusual punishment, even in communities without access to indoor shelter.

We reached out to the King County Sheriff's Office (KCSO) to see how this decision would affect their policing through the Burien Police Department, and they sent us a statement referencing the Burien City Sheriff's Office . Order 832which forms the basis of the county's (and city's) lawsuit. countersuit) on tackling the homeless problem in Burien.

“We will not rest on the basis of changes to this law until other issues are resolved, such as an ordinance that includes prohibited camping areas and more specifics on what behavior is prohibited in designated no-camping areas,” KCSO said. “Our deputies are sworn to uphold the Constitution of the United States, and we remain firm in our position that Burien’s ordinance violates those rights.”

Here is the full statement from the KCSO:

“Friday’s decision by the U.S. Supreme Court does not change our current policy on enforcing the Burien camping ban. We will not rest on our laurels until other issues are resolved, such as an ordinance that includes prohibited campsites and more specifics about prohibited conduct in designated no-camping areas. As the Supreme Court noted, “the Constitution provides many additional limits on the state’s prosecutorial power to ensure due process” (see opinion at 15).

“Our representatives took an oath to uphold the United States Constitution, and we remain firm in our position that Burien’s order violates those rights.

“The King County Sheriff’s Office and its deputies serving the Burien community will continue to enforce all other laws in the City of Burien. »

The mayor of Burien responds

Here is a response that Burien Mayor Kevin Schilling sent to the B-Town blog on Sunday, June 30, 2024:

“The City of Burien contracts with the King County Sheriff's Office to provide law enforcement services. The King County Sheriff has not enforced our tent regulation ordinance since April, even after already enforcing it and, in fact, helping to develop it. The lawsuit they filed against us in United States District Court to determine the constitutionality of the order has not yet been decided. We await this decision from the U.S. District Court judge.

“But we know it’s constitutional because of the U.S. Supreme Court’s opinion in Grants Pass v. Johnson, as well as its development in Martin v. Boise. I would expect every government to respect the rule of law determined by a court, including King County and the sheriff, especially after King County Executive Dow Constantine himself praised the U.S. Supreme Court’s decision on Friday.

“Burien will continue to focus on keeping our community safe and accessible for all, while working hard and compassionately to get people off the streets and into services.”

And here's what Schilling posted on his X.com account Saturday June 29, 2024:

Read our in-depth coverage of this issue here.

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