Amy King, chief executive of Pallet, the Everett maker of small shelters, sits in a demonstration model of its 64-square-foot version, in January. (Kevin Clark / The Herald)

Amy King, chief executive of Pallet, the Everett maker of small shelters, sits in a demonstration model of its 64-square-foot version, in January. (Kevin Clark / The Herald)

Editorial: Everett should wait on ‘no-sit, no-lie’ ordinance

With a shelter project just months away, the threat of fines and jail seem ill-timed and inhumane.

By The Herald Editorial Board

Often, as important as the capabilities of the tools in a tool box is the order in which those tools are used.

The Everett City Council is considering two tools to resolve homelessness and its impacts for those living on the streets and for those in neighborhoods where homelessness is most visible. But upcoming council decisions on both initiatives should better consider how those initiatives can work together.

Both proposals look to alleviate the homelessness and its impacts seen adjacent to the Everett Gospel Mission, where those who are homeless have erected tents, tarps and other makeshift shelters along Smith Avenue sidewalks beneath the I-5 overpass.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

A month ago, Everett announced that it planned to use more than $1 million from a state grant and other funding to establish a “pallet shelter” village on city property adjacent to the mission, as reported by The Herald’s Rachel Riley. The shelters, built by Everett-based Pallet, are 64-square-foot shelters, made from composite materials and aluminum framing, that provide enough room for one to two single beds and occupants’ belongings. The shelters, with electrical service, can be heated and have a door with a lock.

The funding would provide for a small fenced village of about 20 of the shelters, housing 20 to 30 people and a caretaker. The shelters would be served by water, portable toilets and sanitation and garbage services, and are intended as low- to no-barrier shelter for those who are homeless, serving as an interim home while more permanent shelter and supportive services are sought. The Everett Gospel Mission has expressed interest in providing day-to-day oversight, as well as food, clothing and other resources.

The council has given initial approval for the pilot project to move ahead and begin its permit process.

The second initiative, one that was proposed to work in tandem with the pallet shelter village, would be a new ordinance that would bar people from sitting or lying as many are doing now beneath the overpass, as reported last week by The Herald’s Ian Davis-Leonard. Refusing to comply after a police officer has notified someone of a violation could result in a misdemeanor charge carrying the threat of 90 days in jail and a $500 fine.

Other “no sit, no lie” ordinances have brought in lawsuits and a 2008 federal court decision that held such ordinances were unconstitutional if individuals were unable to find space in shelters or in a sanctioned encampment. More recently, following a U.S. 9th District Circuit Court of Appeals case, Martin v. City of Boise, that city reached a $1.335 million settlement with homeless plaintiffs, after the court determined that Boise could not criminalize sleeping in public when no other shelter was available.

But the same court allowed that such ordinances might be found constitutional if they are limited to specific times or areas. Everett’s proposed ordinance would apply to a limited zone, centered on the mission, east of Broadway, between Pacific Avenue and 41st Street.

On the surface, the proposed ordinance would seem to be a departure from the recent realization among local governments that they “can’t arrest their way out” of issues of homelessness and its associated problems. Everett, as an example, has been a leader in efforts such as that to embed social workers with police patrols to connect those with homelessness, addiction and mental health treatment needs with services that better address those ills. That’s a far better option than the costly and unproductive cycle of arrest, jail and release back to the streets.

Another provision in the ordinance seems, well, uncharitable; it would prohibit persons or groups — say a church — from handing out food, beverages, clothing, blankets or other supplies within the zone. Some such donations, yes, become trash, but they also provide support and an important opportunity for connection between the homeless and the larger community.

But if the ordinance can be used in tandem with the pallet shelter project, it might — when used judiciously — provide some leverage for those who are working with those within the homeless community who are more resistant to accepting that aid.

But recent decisions by the Everett City Council may work against both initiatives.

The council’s OK of the pallet project came with the caveat that its approval was contingent on passage of the “no-sit, no-lie” ordinance. Further, the pallet project would have to be abandoned if a lawsuit successfully challenged the ordinance. It makes little sense to abandon one solution, just because another is found constitutionally lacking in a court of law.

Nor does the ordinance appear to recognize the ongoing public health emergency caused by the coronavirus pandemic; the number of people the mission can currently shelter has been reduced because of the need to provide more space among beds at the shelter, a significant reason for the increase in those taking shelter beneath the overpass.

The ordinance’s timing is equally troubling. Assuming a final vote by the council on March 17, it would take effect 15 days later. At best, assuming approval and no delays, the pallet village might accept its first tenants in June.

Forcing those who are homeless out of the area for two or more months and into other areas in the city could drive them from the services and support available at the mission. It could also make it harder to line up tenants for the pallet shelters themselves. One of the pluses of the pallet village is that it would allow easier access for those who can connect the homeless community with needed support and other services.

It’s true that the businesses and employees who work in the area near the unsanctioned encampment have had to live with more of the impacts of homelessness than have others in the city, but the ordinance — and its threat of jail time and a $500 fine — are ill-timed when a potentially more effective and humane solution is just months away.

The city council should rethink its timing in how it uses these two tools. At the least, the “no-sit, no-lie” ordinance’s implementation should be delayed until the pallet shelters are ready for residents.

Better yet, the ordinance should be placed on hold until the city has had a chance to review how well the pallet project is sheltering people from the elements and making everyone’s lives more livable.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Opinion

toon
Editorial cartoons for Friday, May 16

A sketchy look at the news of the day.… Continue reading

Sarah Weiser / The Herald
Air Force One touches ground Friday morning at Boeing in Everett.
PHOTO SHOT 02172012
Editorial: There’s no free lunch and no free Air Force One

Qatar’s offer of a 747 to President Trump solves nothing and leaves the nation beholden.

The Buzz: What do you get for the man who wants everything?

If you’re looking to impress President Trump, better have a well-appointed luxury 747 on hand.

Schwab: Taken for a ride by the high plane grifter

A 747 from Qatari royals. Cyrpto-kleptocracy. And trade ‘deals’ that shift with Trump’s whims.

Saunders: Saudi visit puts Trump’s foreign policy on display

Like it or not, embracing the Saudis and who they are makes more sense than driving them elsewhere.

Harrop: Democrats’ battles over age ignore age of electorate

Party leaders should be careful with criticisms over age; they still have to appeal to older voters.

Comment: A bumpy travel season for U.S. tourists, destinations

Even with a pause in some tariffs, uncertainty is driving decisions on travel in and out of the U.S.

The Washington State Legislature convenes for a joint session for a swearing-in ceremony of statewide elected officials and Governor Bob Ferguson’s inaugural address, March 15, 2025.
Editorial: 4 bills that need a second look by state lawmakers

Even good ideas, such as these four bills, can fail to gain traction in the state Legislature.

FILE - The sun dial near the Legislative Building is shown under cloudy skies, March 10, 2022, at the state Capitol in Olympia, Wash. An effort to balance what is considered the nation's most regressive state tax code comes before the Washington Supreme Court on Thursday, Jan. 26, 2023, in a case that could overturn a prohibition on income taxes that dates to the 1930s. (AP Photo/Ted S. Warren, File)
Editorial: What state lawmakers acheived this session

A look at some of the more consequential policy bills adopted by the Legislature in its 105 days.

Liz Skinner, right, and Emma Titterness, both from Domestic Violence Services of Snohomish County, speak with a man near the Silver Lake Safeway while conducting a point-in-time count Tuesday, Jan. 23, 2024, in Everett, Washington. The man, who had slept at that location the previous night, was provided some food and a warming kit after participating in the PIT survey. (Ryan Berry / The Herald)
Editorial: County had no choice but to sue over new grant rules

New Trump administration conditions for homelessness grants could place county in legal jeopardy.

Comment: Trump’s break with Netanyahu just keeps widening

His trip to the Middle East, without a stop in Israel, is the latest example Trump has moved on.

toon
Editorial cartoons for Thursday, May 15

A sketchy look at the news of the day.… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.