RV Encampment Grows In Size On Elliot Avenue

August 30, 2023 by No Comments

Seattle residents are concerned that the size of an RV encampment on Elliot Avenue is growing in size. Already a contentious issue, citizens understand that the homeless problem within the city is somewhat out of control, however, creating a large RV park can have disasterous consequences when a fire eventually breaks out.

Locals remember that this space once dog daycare center until the building was razed for developmental purposes. However, it would seem that any plans for a future development are firmly on hold until this problem has been eradicated. Although, as the area has not been built on for five years, this looks unlikely to change in the near future.

However, some residents defended the city officials, given the results of Martin vs The City of Boise. In short, this means that Seattle cannot simply remove homeless populations from such spaces. If they were to do this then they must provide shelter of their own.

In 2018, the U.S. Ninth Circuit Court of Appeals ruled on the case of Martin v. City of Boise. The case revolved around the enforcement of anti-camping ordinances in the City of Boise, Idaho, which criminalized sleeping or camping in public spaces when adequate shelter space was available. The plaintiffs in the case were individuals experiencing homelessness who had been cited or arrested for violating these ordinances.

The Ninth Circuit’s decision in the case stated that punishing individuals for sleeping or camping in public spaces when no alternative shelter options were available violated the Eighth Amendment’s prohibition against cruel and unusual punishment. The court essentially ruled that if a city does not have enough shelter space to accommodate its homeless population, it cannot enforce ordinances that criminalize sleeping in public spaces.

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