I think it's important to get that from her. They can think what they want, but if they're wrong legally I want to know.

We need street lawyers.

On Sun, Jun 6, 2021 at 5:17 PM Rob Huff <rhuff@mdc-hope.org> wrote:
It reinforces my thinking that the Port sees itself as the grand decision maker and owner of the entire tideflats area, even though I am pretty sure that there are many actual property owners in that area that the Port believes it should ultimately control.

I wonder what Tristia would think of the statement that the Port made, from a legal standpoint?

Rob Huff
Director of Advocacy and Communications
 

945 Fawcett Avenue
Tacoma, WA 98402

Pronouns: He/Him/His
Mobile: (253) 722-8563
  
www.mdc-hope.org
 
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On Jun 6, 2021, 2:12 PM -0700, Theresa Power-Drutis <tpdrutis@nctacoma.org>, wrote:
Maureen
From the Port response: "Although the Port is a public entity, for purposes of trespass enforcement, it is treated as any other private property owner because it is a special purpose district and does not have any general government powers and authorities to create or enforce laws."
The definition of "publicly owned" here is more narrow than I imagined. Still, it is good to know going forward.

Thank you for asking such good questions - as always.

Regards

Theresa Power-Drutis
Co-Executive Director, New Connections

253.617.1405: Office
253.534.5402: Mobile
613 S 15th Street
Tacoma, WA 98405
tpdrutis@nctacoma.org
www.nctacoma.org





On Fri, Jun 4, 2021 at 5:01 PM Maureen Howard <mhoward@pchomeless.org> wrote:
FYI

From: Bua, Carol <cbua@portoftacoma.com>
Sent: Friday, June 4, 2021 4:49 PM
To: Maureen Howard <mhoward@pchomeless.org>
Subject: 509 encampment questions ... FW: your voice mail
 

Hi Maureen,

Below are answers to the port-specific questions you had.

Take good care.

Sincerely,

Carol

 

*

The encampment is on land owned by several different entities: the Port, Union Pacific, and the Puyallup Tribe. We are working in a coordinated effort to clean up the area, with each of the land-owners responsible for cleaning and maintaining their own parcels of land.

We provided two weeks’ notice and during this timeframe, the City’s HOT team is conducting outreach to connect the campers with services and shelter options (outreach started on 5/26). We understand that the campers in this location are facing extremely difficult circumstances and our intention is to be flexible and allow sufficient time to remove belongings and find an alternative place to stay.

We acknowledge that the notice was a bit confusing, the City of Tacoma’s notification was used as a template, but it did indicate that clean-up would start on June 10, that is at the earliest. It is anticipated that it will take several weeks to finalize the clean-up process.

We will work with individuals who may need extra time to come back to retrieve a vehicle, we will provide a contact phone number that people can call after the site access is closed.

Although the Port is a public entity, for purposes of trespass enforcement, it is treated as any other private property owner because it is a special purpose district and does not have any general government powers and authorities to create or enforce laws. Should law enforcement support become necessary during the cleanup of Port property, the Tacoma Police Department has jurisdiction.

The Governor’s current eviction moratorium is not applicable as it applies only to prevent the eviction of lawful occupants and residents.

 

From: Maureen Howard <mhoward@pchomeless.org>
Sent: Thursday, June 3, 2021 12:12 PM
To: Bua, Carol <cbua@portoftacoma.com>
Cc: Gerrit Nyland <gnyland@pchomeless.org>
Subject: Re: your voice mail

 

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious email using the Report Phish button in Outlook.

Carol,

Thanks for the message.  This is about the planned sweep/eviction of the 509 encampment.  The Port posted a 72-hour notice Friday - copy attached.   I'm just going to copy in the questions I posed to the City of Tacoma Attorney May 28 and then on May 31 to a group that has been working on a proposed City of Tacoma "Use of Public Property" ordinance - CM Thoms, Mayor, Deputy Mayor, City Attorney, Council staff, and six members of the Tacoma Pierce County Coalition to End Homelessness.  The Deputy City Attorney who advised Neighborhood and Community Services referred the policy questions to the Port and Allyson Griffith gave me your name as the contact person.  

 

The more we understand about this action and the policies and processes involved, the better.  Gerrit Nyland, Director of Operations, and I are available to meet with you or whomever the appropriate people are.  

 

Thanks,

Maureen

 

Initial Questions from Maureen Howard to City Attorney Bill Fosbre, May 28 evening

We've just received a copy of the notice given to people experiencing homelessness at the 509 encampment.   I know it is coming from the Port of Tacoma but it cites Tacoma Municipal Code as the authority so I'm coming to you.

 

We are still under CDC guidelines.  And the State Eviction moratorium is still in effect and I believe it also covers encampments.  Is this notice legal?  

 

Food Not Bombs says there are 30-50 folks living there.  I know that Comprehensive Life Resources went out recently.  We've had some of our Safe Sites for All members at the site.  

 

I'll send a copy of this message to Linda Stewart and key NCS staff and see if they have anyone helping folks relocate.  

 

It looks like we have more time than usual unless someone wrote the sweep date backwards?  Maybe you could confirm the date?  If it is Tuesday, 6/01 then this is just wrong.   No one in the Coalition knew about this - NCS staff told us it was coming but had no date.  There are no services over the week-end and through Monday.  If it is as written 6/10, then we have time to try to sort this out.  

 

I don't know if Tacoma Police Department carries out a Port of Tacoma sweep?    Plus I think this is partly Puyallup Tribal land so perhaps the Tribal Police are involved?  

 

Follow-up Questions from Maureen Howard to Ord. 28756 Working Group and NCS, May 31 morning

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???

 



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