Maureen—I advise the City’s Neighborhood and Community Services Department and have been asked to reply to some of the legal issues you raised in your email. Allyson Griffith, Assistant Director of NCS, will respond separately about your programmatic questions and to provide contact information for the Port of Tacoma.
You have asked a wide variety of good questions as we continue to confront these complicated issues. Many of your questions are for the Port of Tacoma to answer, since this is their posting, and they are coordinating the removal of the encampment. Your questions about their notice, what it applies to, when the removal and cleanup will take place, and such, are best directed to the Port. The same is true as to whether the Governor’s Eviction moratorium applies to this situation. When the City removes encampments, we believe the eviction moratorium does not apply because the residents in the encampments are not lawfully present, even as tenants, at the encampment sites. I do not know what the Port’s position is in this regard, and certainly do not want to speak for them.
The City’s goal, as has been stated before, is not to criminalize homelessness. The City’s main goal is to protect the community, and offer services, including the offer of shelter, to those who need it. At the same time, the City, and in this case, the Port, may need to cite to various local laws if removal and cleanup of an encampment is necessary. As you noticed, the Port’s notice, like the City’s notice, cites to Tacoma Municipal Codes 8.12.025 (Criminal Trespass) and 8.17.015 (Obstructing a Public Servant). I have copied both in full below. These laws may be relied upon by the Tacoma Police Department only if necessary. We remain hopeful those laws will not need to be enforced.
Allyson will be able to provide you more detail here about the City’s efforts, and we hope the Port will be able to answer your questions related to this encampment and removal as well.
Thank you for your work and commitment to our community.
Debra
Debra E. Casparian (she/her) | Deputy City Attorney
Tacoma City Attorney’s office
747 Market Street, Room 1120 | Tacoma, WA 98402
253.591.5887 | dcasparian@ci.tacoma.wa.us
From: Maureen Howard <mhoward@pchomeless.org>
Sent: Tuesday, June 1, 2021 10:31 AM
To: Stewart, Linda <lstewart@cityoftacoma.org>; Griffith, Allyson <AGriffith@cityoftacoma.org>; Casparian, Debra (Legal) <dcasparian@cityoftacoma.org>; Monteros, Klarissa <KMonteros@cityoftacoma.org>
Cc: Gerrit Nyland <gnyland@pchomeless.org>
Subject: Fw: Re Ordinance 28756 - Current Planned Sweep of the 509 Encampment
Good morning,
This is the message I sent to the working group we (CM Thoms, Mayor, Deputy Mayor, City Attorney, Council staff and the Coalition) have around Ord. 28756, I've bolded my questions at the end of the email.
Again, Linda - thank you for your Friday night message clarifying the eviction date.
It's a bit weird for those of us on the Coalition to learn to navigate what is Council policy and what is NCS implementation. I'm choosing to continue using both avenues in hopes we can figure this out. We know we all agree that we want people safely sheltered and ultimately permanently housed. We also know that the more we know, the more we can accurately describe the City's actions.
As always, we are available to you to walk through implementation options and decisions if that would be of interest.
Thank you for your work,
Maureen
From: Maureen Howard <mhoward@pchomeless.org>
Sent: Tuesday, June 1, 2021 10:11 AM
To: Thoms, Robert <robert.thoms@cityoftacoma.org>; Woodards, Victoria <victoria.woodards@cityoftacoma.org>; Blocker, Keith <Keith.Blocker@cityoftacoma.org>;
Fosbre, Bill (Legal) <bill.fosbre@cityoftacoma.org>;
Lynda.Foster@cityoftacoma.org <Lynda.Foster@cityoftacoma.org>; Gerrit Nyland <gnyland@pchomeless.org>; Rob Huff
<rhuff@mdc-hope.org>; Theresa Power-Drutis <tpdrutis@nctacoma.org>;
jeffreyboyce425@yahoo.com <jeffreyboyce425@yahoo.com>; Kevin Glackin-Coley <kglackincoley@pchomeless.org>
Subject: Re Ordinance 28756 - Current Planned Sweep of the 509 Encampment
Good morning everyone,
We received word from the volunteer group Food Not Bombs about 6pm Friday evening that the attached 72 hour notice had been posted at the 509 encampment earlier that day. The City representative to the Coalition, Klarissa Monteros, had advised us during our Friday morning Coalition meeting that a sweep was planned for the 509 on Port of Tacoma and Puyallup Tribal land but that she did not know the date.
I reached out to the City Attorney and forwarded my message to NCS. I also gave the Mayor a heads up. The notice is confusing - since it clearly says it is a 72 hour notice and also gives June 10 as the date of the sweep. Given that the notice was given just before a three-day week=end when no services would be available, this confusion caused a fair amount of distress.
Fortunately Linda Stewart saw my message and responded Friday night that the June 10 date was the actual date of the sweep and that the Homeless Outreach Team would provide services. I immediately shared that information with Food Not Bombs.
We are, as usual, working with the National Homelessness Law Center and local advocates.
Bill has referred my email to him to the Deputy Attorney who advises NCS. I will follow up with her and NCS.
Here's some of what I'm thinking -
We all have the Report on the Alternative Response Study (the Matrix report).
The City Council has signed off on the County's commitment to end street homelessness by Nov. 1, 2021
We have a working group around proposed Ord. 28756
We have a new sweep citing unspecified TMC Obstructing a Public Servant and the Trespassing law with nearly two weeks' lead time.
I believe this gives us an opportunity to better understand exactly what the City processes are and address some of the concerns we've discussed in our meetings. I know that we could request this information through a PDR and we might have to do so but it would be far more expedient if we can just get it directly from NCS. I'll ask.
As for the notice itself - some key points:
1 - it is unclear.
Is this public land or private land? Land owned by the Port of Tacoma and thus public land? Land owned by a private owner within the Port? Land owned by the Puyallup Tribe or land used by the Puyallup Tribe? How would you know?
Is the notice for the general public or for people in the 509 encampment?
It says it is 72 hour notice but has a sweep date two weeks out.
Are you subject to arrest after 72 hours?
How would you know what the penalties are for non-compliance?
Who will execute any violations to the Trespassing law? TPD? Port "police"? - I don't actually know if there is such an entity. Puyallup Tribal Police? Or does it vary by the exact piece of land?
2 - it is not specific
What does "obstructing a public servant" exactly mean? Was this a single action by a single person? If so, why was that person not cited? Or were they?
How does whatever this "obstructing a public servant" was serve to violate the CDC guidance and the Governor's Eviction Moratorium especially since whatever it is can wait for two weeks from the date of the notice plus whatever time it took to decide to do the sweep?
When will you be removed? And by whom?
What about volunteers who regularly reach out to people living in the 509? Are they subject to arrest? Is their volunteer work considered "loitering?
3 - what services will be provided and how?
Will the City's Homeless Outreach Team go out daily? Do they go out over the week-end? Do they go out in the evenings?
What will they offer? We know there are not enough beds even for those who would accept a congregate shelter bed.
Did TPD ask the Stability Site and certain shelters and tiny house villages to hold back beds for people from the 509?
Is the HOT team running a ByNameList so we know who needs to be relocated and what kind of safe shelter they need and what happens to them?
Given recent reports of medical needs in two encampments, will the HOT team do some kind of medical assessment?
4- a reality check
Where will people go?
Could the City sanction the existing encampment at 34th & Pacific? Or the 705? Or???
I'll let you know what I find out.
Thanks,
Maureen
Maureen Howard
Senior Policy Analyst
Tacoma Pierce County Coalition to End Homelessness
3320 S. 8th St.
Tacoma, WA 98405
Tel. 253-756-8146 LL
253-255-2200 cell
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