Clarkston asked to tweak camping rules

Mar. 9—An attorney for the Northwest Justice Project sent a letter this week to the city of Clarkston on behalf of homeless residents requesting the city modify an ordinance that limits hours and space used for camping on city property.

The letter, written by NJP attorney John Wolff, takes aim at the city ordinance limiting camping hours from 9 p.m. to 7 a.m.

The letter, which was sent Thursday, states the ordinance unreasonably restricts the hours homeless people can sleep and rest, and creates a substantial barrier to people seeking stable housing and employment.

"Based on my investigation, it appears the effect of the Ordinance, whether intended or not, is to render it nearly impossible for unhoused persons to exist within the City of Clarkston," Wolff wrote. "Humans require shelter during the day, too, as rain and other inclement weather aren't restricted to night hours."

Wolff continues that the space constraints of an 8-foot-by-8-foot plot also presents a barrier for unhoused residents.

"(R)estriction on size of plots and the property a person may possess presents a similar barrier, and is actually resulting in homeless persons being stripped of what life-saving property they do have," Wolff wrote. "Several people camping at Foster Park have reportedly lost their belongings, including their tents and sleeping bags, when they were seized by the police due to the property being more than any one individual is allowed."

The Tribune could not reach Mayor Monika Lawrence or city attorney Suzanne Hanson before the press deadline Friday.

In the letter, Wolff states the city also may be in violation of the Americans with Disabilities Act because of a likely overlap of people experiencing homelessness and people with disabilities.

The letter, which cites several 9th Circuit Court of Appeals rulings, states that the city is obligated to make reasonable modifications to its policies if they have a disparate impact on people with disabilities, and to grant reasonable modifications in response to specific requests from individuals with disabilities.

"While I appreciate that the City was likely trying to meet its legal obligations under Martin v. Boise when it drafted the Ordinance, I believe the Ordinance nonetheless violates both the U.S. and Washington Constitutions, including but not limited to the right against cruel and unusual punishment, the right to travel, the right to due process, the right to be free from disturbance of their private affairs, and the right to be free from discrimination. Additionally, it is likely the Ordinance violates the Americans with Disabilities Act (ADA)," wrote Wolff, who is based in Pullman.

The letter requests the city make several changes: Allowing camping for up to two weeks for those with disabilities; designating a second place where camping is allowed; allowing camps a plot size of 14 feet by 14 feet; expanding the type of belongings individual may accumulate; providing utilities and sanitation including electricity to charge devices, running water, trash removal and sewer service in designated camp areas; and designate an office or official to receive and approve reasonable modification requests.

The letter ends requesting the city respond no later than 5 p.m. Monday, and asks that if the city requires more time that it temporarily suspend the ordinance until a response can be provided.

In an email to the Tribune, city council member David Vinton said the city is too small to do everything asked by groups, including NJP.

"What many people and organizations want us to do is unrealistic," he wrote. "Do they want us to raise everyone's taxes in town to accommodate every inch of their life? Sorry, wrong country for that thinking. Try Cuba or Venezuela."

Vinton also wrote in a separate email response to NJP that homeless residents "wreaked havoc on our town with drugs, assaults, theft, overdose deaths, feces and so on."

In his email to the Tribune, Vinton wrote he was referring to an overdose death that occurred at Foster Park in July 2023 and allegations of trespassing near camps. He also said a homeless person had "ransack(ed his) trailer one morning," and referenced assaults at Walmart covered by the Tribune, but did not specify the particular instances to which he referred.

John Parke, who goes by "Cowboy," said he was one of roughly 20 unhoused residents interviewed by NJP.

Parke said since the closure of the camp behind Walmart, unhoused residents have had to deal with "one thing after another," making it difficult for them to stay in town, including the threat of citations from police and the city limiting camping space to 8-foot-by-8-foot plots.

"Then yesterday, the cops show up and tell them that starting today, they can cite them for the dogs because they're not supposed to have dogs in that park. But they put us in that park," he said.

Parke said he's temporarily staying with a friend, who will be moving in April.

"Then I'll be homeless again," he said.

It remains unclear where many of the other unhoused residents have gone since the camp's closure. A few remaining homeless people at Foster Park said during a visit Tuesday that police have been arriving every morning at 7 a.m. to make sure they clear out.

The group was larger shortly after the closure of the Clarkston homeless camp, but has since dwindled to fewer than 10.

As of Tuesday, no homeless residents from the original homeless camp remained at the Nisqually John boat launch area, about 13 miles west of Clarkston, where some had originally moved.

A few residents have been moved to assisted living facilities or, as in Parke's case, are temporarily staying with friends.

Parke said he's hoping for a response from the city, but isn't expecting one.

"You know, they gave us five days," he said, referring to the homeless camp's closure in February. "And we gave them five days."

Parke said unhoused residents working with NJP have a plan in place should the city fail to respond.

"The best course of action for them is going to be responding," he said. "I told them a long time ago I wasn't going to let them push us around."

Sun may be contacted at rsun@lmtribune.com or on Twitter at @Rachel_M_Sun. This report is made in partnership with Northwest Public Broadcasting, the Lewiston Tribune and the Moscow-Pullman Daily News.

Letter to city of Clarkston

To read the letter sent by attorney John Wolff, go to lmtribune.com