This bill addresses the increasing issues of evictions and homelessness in Washington State by establishing guidelines for local governments regarding the regulation of public property. It emphasizes the need for objectively reasonable laws that govern activities such as sitting, lying, sleeping, or keeping warm and dry outdoors in public spaces. The legislation aims to provide clear guidance to local governments to balance public safety with the urgent need to assist individuals experiencing homelessness. It also protects local governments from litigation if their ordinances are deemed objectively reasonable, while allowing individuals to challenge the reasonableness of such laws in court.
The bill introduces new sections to various chapters of the Revised Code of Washington (RCW), specifically chapters 35.21, 35A.21, and 36.01, outlining the criteria for objective reasonableness and the legal processes for challenging local laws. It establishes that any regulation must be reasonable in terms of time, place, and manner, and provides an affirmative defense for individuals accused of violating such laws if they can demonstrate that the law is not objectively reasonable. Additionally, the bill allows for the awarding of reasonable attorneys' fees to prevailing plaintiffs under certain conditions, while clarifying that it does not create a private right of action for monetary damages. The act is declared an emergency measure and takes effect immediately.