Keeping tents on sidewalks makes communities less safe

House Bill 2489 limits when cities, towns, and counties may enforce local laws governing homeless encampments in the use of public spaces, including parks, sidewalks, and public right-of-ways.

Under the bill, local governments would be prohibited from enforcing laws related to urban camping, sleeping, or other “life-sustaining activities” on public property unless they can prove that adequate alternative shelter was available at the exact time and location of the conduct. The bill’s definition of shelter availability is so broad and difficult to document that enforcement would become nearly impossible, even when public spaces are unsafe, unsanitary, or obstructed.

The bill also creates standing for special interest groups and organizations to sue local governments for enforcement actions and requires courts to dismiss citations if a shelter-availability defense is raised. This effectively strips local governments of the ability to manage public spaces in line with community needs and safety concerns and increases legal costs for local governments and their taxpayers.

Why is this a bad policy?

• Washington’s homelessness crisis is growing—not shrinking. Limiting local enforcement ignores reality on the ground. According to the Department of Commerce’s January 2025 homelessness data, more than 158,791 people were experiencing homelessness statewide, including many living unsheltered in parks, sidewalks, and other public spaces. State data also show homelessness in Washington has grown by roughly 25% since 2022, placing increasing pressure on local governments to manage public spaces safely and compassionately.
• Removes local authority at the worst possible time. This bill takes enforcement tools away from cities and counties precisely when communities are struggling to manage growing encampments, safety concerns, and accessibility in public spaces.
• Allows public spaces to remain unsafe and inaccessible. By blocking enforcement unless narrow shelter conditions are met, the bill ensures encampments can persist in parks, sidewalks, and business districts—reducing access for families, seniors, people with disabilities, and small businesses.
• Encourages lawsuits over solutions. The bill invites legal challenges against local governments and shifts limited public resources from housing, treatment, and meaningful support services to litigation.
• Weakens accountability and public order. Blocked sidewalks, sanitation hazards, and unsafe conditions require practical responses. When enforcement is effectively prohibited, communities are left without tools to address real safety and health concerns.
• Focuses on procedural defenses instead of outcomes. The bill prioritizes legal technicalities, such as proving the availability of shelter at a precise moment, rather than advancing long-term, practical solutions to homelessness.

Bottom line

HB 2489 strips local governments of essential tools to manage public spaces responsibly and safely at a time when homelessness is increasing statewide. Instead of empowering local solutions, it imposes rigid mandates and invites costly litigation—making communities less safe and less resilient.