Everett weighs expanding ‘no sit’ ban, giving mayor more discretion

EVERETT — The contested “no sit, no lie” law first enacted by Everett in 2021 could expand to behavioral health centers, substance abuse providers and emergency housing under a proposed new ordinance presented Wednesday.

The existing law criminalizes laying down and sitting around the Everett Gospel Mission as a misdemeanor and a fine up to $500 with up to 90 days in jail. At the time of its passage, the Washington, D.C.-based National Homelessness Law Center warned the city its law could violate the Eighth Amendment’s prohibition of “cruel and unusual punishment.” But no official legal challenge emerged.

Under the proposed ordinance, the mayor would have broad discretion to designate “service facility buffer zones” around social service providers and areas “highly impacted by street-level issues.” The zones also would ban people from giving out food, supplies and water to someone laying down or sitting on city property, unless they have a permit.

City staff haven’t identified which locations could be first to receive such designations if the council approves the policy at its meeting May 3, community development director Julie Willie told the council Wednesday. Staff drafted maps to illustrate some of the oddly shaped zones that could result because the zones could be more than the prescribed two-block radius if that includes parks, schools and other public spaces.

Mayor Cassie Franklin said the flexibility of the proposed ordinance lets the city focus on areas with the most need instead of a blanket across the entire city.

“The goal of this is to be pretty selective,” Franklin said.

Areas with a “pattern of nuisance, criminal activity, open air drug activity, or street-level social issues” over six months, as determined by crime data, public comments “or similar information” would inform the mayor’s decision to implement such a buffer zone, assistant city attorney Lacey Offutt told the council.

But some council members bristled at the ambiguity of comments and data prompting such a decision. Council members Paula Rhyne, Mary Fosse and Brenda Stonecipher said they want objective thresholds to be added to the ordinance. Without a standard, the mayor could be subject to “political pressure,” Stonecipher said.

Several people spoke against the proposed expansion of “no sit, no lie” areas.

Jason Cockburn was once homeless and struggled with addiction, he told the council. But people treated him with dignity and supported him through college, and he later created the Second Chance Foundation to help others with sober housing and scholarships.

“I wasn’t following the felony rules that you had, what makes you think that I’d follow a misdemeanor?” Cockburn said. “There’s no dignity in grabbing a meal and going back to the cycle. There’s no dignity in having a cot on the floor in the bottom of a church.”

He said the law will just push people out further from the service providers trying to help them.

Booming housing costs are pushing people onto the streets, Interfaith Family Shelter executive director Jim Dean said. The nonprofit operates programs to get people from homelessness into stable, permanent housing in Everett and Marysville.

“We have demonized folks because they can’t afford the home that they’re in,” Dean said.

The proposal’s ban on providing food, supplies and water to people in a buffer zone drew opposition from people from mutual aid groups in Everett.

Luisana Hernandez said she feared the work of Punks in the Park to feed people through a community refrigerator and pantry in north Everett for two years could be in jeopardy under the ordinance. She asked the city to instead support aid groups providing food, water and other necessities.

The council is scheduled for its third reading of the ordinance, which usually is accompanied by a vote, on May 3. If approved, the ordinance would take effect 15 days later.

Ben Watanabe: 425-339-3037; bwatanabe@heraldnet.com; Twitter: @benwatanabe.