Thanks for the complete information about this situation and the updated contact info. We also have open phones (i.e. a person will answer) 10-noon Monday-Thursday.
Laurie Davenport
Communications Director
Tacomaprobono Community Lawyers
621 Tacoma Avenue South, Suite 302
Tacoma, WA 98402
253.572.5134 ext. 106
From:
fullcoalition@list.pchomeless.org <fullcoalition@list.pchomeless.org> on behalf of Jennifer Ammons <jennifera@nwjustice.org>
Date: Friday, September 9, 2022 at 12:22 PM
To: Rebekah Cantrell <rebekahcantrell@Idealoption.net>, Lupe Hurtado <lupe@nasen.org>, fullcoalition@list.pchomeless.org <fullcoalition@list.pchomeless.org>
Subject: RE: Homeless Coalition - No Notice Sweep at Parkland Encampment
Actually, both TacomaProBono (fka VLS) and NJP now have an online application form available on the websites below. TPB prefers people complete that online application,
but people can also walk in between 1-3pm, M-Th. Since right-to-counsel in eviction cases went into effect, it is EXTREMELY hard to get through to CLEAR, so we also recommend that people with housing cases (and several other types of cases) fill out our online
application to get a callback.
Jennifer Ammons
Staff Attorney
Northwest Justice Project - Tacoma
(253) 272-7879, ext. 0937
fax: (206) 299-3061
This email may contain information that is protected by attorney-client, work product or other privileges. If you are not the intended recipient,
you are notified that dissemination, use or reliance upon its contents is strictly prohibited. If you received this email in error, please contact me by reply email and then delete this email.
Combating Injustice • Strengthening Communities • Protecting Human Dignity
From: Rebekah Cantrell <rebekahcantrell@Idealoption.net>
Sent: Friday, September 9, 2022 12:15 PM
To: Jennifer Ammons <jennifera@nwjustice.org>; Lupe Hurtado <lupe@nasen.org>; fullcoalition@list.pchomeless.org
Subject: Re: Homeless Coalition - No Notice Sweep at Parkland Encampment
This is truly heartbreaking and infuriating.
This is what I have for free legal services.
Hope this helps.
Legal Assistance Volunteer Legal Services Volunteer Legal Services can help with civil legal issues in Pierce County when you cannot afford to hire an attorney. You do not have to be a Pierce County resident to get help with your case.
Call (253) 572-5134 or e-mail vls@tacomaprobono.org. Information Found at:
http://www.tacomaprobono.org/ Northwest Justice Project - Tacoma Office NJP operates a toll-free intake and referral hotline called CLEAR (Coordinated Legal Education Advice and Referral). CLEAR serves as the statewide, centralized point of access for clients
seeking free legal help, including advice, education, limited legal services, self-help materials and, where available, referrals for further representation. NJP attorneys in offices around the state provide assistance and direct representation in high priority,
complex cases, including cases that address barriers to persons seeking access to our justice system, and also engage in community education efforts. Location: 715 Tacoma Avenue South Tacoma, WA 98402 (253) 272-7879 1-888-201-1015 1-888-201-1014 (CLEAR - Client
Intake) Fax: (253) 272-8226 Information Found at:
https://nwjustice.org/
Rebekah Cantrell | Peer Outreach Specialist
Pierce County, Federal Way, Puyallup & Lakewood
24/7 Direct Referral Line 1-844-GO-IDEAL or 509-581-2908
Mobile Phone: (253) 236-1362
Email rebekahcantrell@idealoption.net
Web idealoption.net
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From:
fullcoalition@list.pchomeless.org <fullcoalition@list.pchomeless.org> on behalf of Jennifer Ammons <jennifera@nwjustice.org>
Sent: Friday, September 9, 2022 12:10:29 PM
To: Lupe Hurtado <lupe@nasen.org>;
fullcoalition@list.pchomeless.org <fullcoalition@list.pchomeless.org>
Subject: RE: Homeless Coalition - No Notice Sweep at Parkland Encampment
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I’m sending this e-mail for the whole group to educate everyone about the law generally related to this type of situation. It does sound like some of this may
have been illegal.
In general people can be told to leave private property and “trespassed” (warned not to come back or they will be trespassing). If they remain or return, knowing
they are not permitted to do so, they can be arrested for trespassing (knowingly entering or remaining on premises unlawfully). People who are permitted to LIVE on private property, though, without payment of regular rent, are generally considered tenants
at will. Either party can end the arrangement “at will”—i.e., whenever they want. At-will tenants are not entitled to any particular amount of notice before being asked to leave, but they must be given a “reasonable” amount of time. Two minutes is not reasonable
time. A week may be. Two days may be. It depends on the situation and is very subjective. Property owners who have allowed someone to live on the property cannot simply trespass tenants at will and have police remove them. They have to go to court and
get a court order “ejecting” the tenant at will. THEN the police can remove them. Basically, when someone is just visiting a property, they can be trespassed; but when someone is living on a property with permission, they cannot be trespassed.
I’m not a criminal defense lawyer (nor are police officers), so I’m uncertain if the police did anything wrong. They can respond to a call about a crime. They
can detain people who they reasonably believe are committing a crime. Once they find out people are not trespassing, but are at-will tenants, there is no crime. However, if this isn’t explained to them, or if the property owner disputes it, we get into a
gray area where the police could probably arrest, cite, or walk away and let the court sort it out. Anyone who is charged with a crime is entitled to an attorney, so if these folks are getting charged, they will probably be appointed public defenders.
If a property owner creates a tenancy at will and then uses a method other than ejectment to remove the tenant, yes, that would be illegal, and the property
owner should be liable for damages. Northwest Justice Project doesn’t typically sue for damages, because there are private attorneys who handle that work on contingency, but we might in an appropriate case. It would depend on what evidence (including testimony)
is available to show people had permission to live on a property, what belongings were lost, and the value of those belongings. We also might be able to do some educational outreach to the police. We cannot defend someone in a criminal case. You can e-mail
me off the listserv if you have a potential client or clients. We may be able to do a direct intake. This situation and the possibility of its repetition are concerning to me. Thanks for alerting us to this.
Jennifer Ammons
Staff Attorney
Northwest Justice Project - Tacoma
(253) 272-7879, ext. 0937
fax: (206) 299-3061
This email may contain information that is protected by attorney-client, work product or other privileges. If you are not the intended
recipient, you are notified that dissemination, use or reliance upon its contents is strictly prohibited. If you received this email in error, please contact me by reply email and then delete this email.
Combating Injustice • Strengthening Communities • Protecting Human Dignity
From:
fullcoalition@list.pchomeless.org <fullcoalition@list.pchomeless.org>
On Behalf Of Lupe Hurtado
Sent: Thursday, September 8, 2022 2:51 PM
To: fullcoalition@list.pchomeless.org
Subject: Homeless Coalition - No Notice Sweep at Parkland Encampment
Hello all, I'm reaching out about the situation that has been progressing at the encampment on Pacific and 149th St. TNE as well as other outreach teams have visited this site over the past few weeks. The residents were told by the owner
of the property that they were allowed to stay as long as they took care of the lot and each other. On Wednesday all of the residents were apprehended by the Tacoma Police Department, made to stand in a line, ziptied, and were told they all would be arrested.
There have been no notices posted. Today the police came again to tell the few remaining people to leave, with no time to gather their belongings. Many people were living there waiting for their housing to come through. This all sounds illegal, they weren't
offered shelter, no notice, and 8 people arrested. Are their legal services or aid for the people who had all of their belongings destroyed? Also which shelters can we refer them to or other services, hotel vouchers. Any and all input would be greatly appreciated.
Attached is a slip given to one of the residents by the police, with her permission to share.
--
Lupe Hurtado CPC
She/Her
Peer Navigator/Community Health Outreach Worker
Dave Purchase Project/NASEN
253-320-5115
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This listserv is part of the
Tacoma/Pierce County Coalition to End Homelessness.
-
E-mail the full coalition by sending to
fullcoalition@list.pchomeless.org
-
Remember, this list is distributed to over 700 people - send no information that can identify a client and avoid unnecessary e-mails (a thank you is polite when sent to 1 person, but a nuisance when sent to 700). This listserv is open to everyone.
-
Click away to subscribe
to the list,
unsubscribe from the list, or take a gander at the
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This listserv is part of the Tacoma/Pierce County Coalition to End Homelessness.
-
E-mail the full coalition by sending to
fullcoalition@list.pchomeless.org
-
Remember, this list is distributed to over 700 people - send no information that can identify a client and avoid unnecessary e-mails (a thank you is polite when sent to 1 person, but a nuisance
when sent to 700). This listserv is open to everyone.
-
Click away to subscribe to the list,
unsubscribe from the list, or take a gander at the
message archive