July 22, 2009
Church Prevails in Tent City Case
By Gregory Provenzano, Columbia Legal Services
On July 16, 2009, the Washington Supreme Court ruled that the City of Woodinville violated Article I, Section 11 of the state’s constitution by using a temporary moratorium on development to block the Northshore United Church of Christ’s land-use permit application for Tent City 4 in 2006.
According to the Washington Supreme Court, this Constitutional provision in question guarantees, “[a]bsolute freedom of conscience in all matters of religious sentiment, belief and worship” and also provides that this “shall not be so construed as to … justify practices inconsistent with the peace and safety of the state.” Wash. Const. Art I, § 11.
The Court ultimately found that the City’s refusal to process a permit application substantially burdened the Church’s religious exercise. In doing so, however, Justice Johnson made it clear that simply requiring a permit was not unconstitutional. The City of Woodinville’s total moratorium did, however, place a substantial burden on the Church. It prevented the Church from even applying for a permit. It gave the Church no alternatives. The moratorium lasted a full year. As the City failed to show that its moratorium was a narrow means for achieving a compelling goal, the Court ruled that its actions constituted a violation of Article I, Section 11 of the Washington Constitution. Click here for a copy of the Court opinion.
Despite this favorable ruling, it remains unclear what conditions local governments in the State of Washington can place on issuing a permit for a tent encampment on Church property.
Last session, Representative Brendon Williams from Thurston County, sponsored ESHB 1956 which was supported by the Washington State Coalition for the Homeless and other homeless advocates. This bill would have granted broad authority to a church to provide shelter to the homeless on its property. Local governments would have been barred from requiring churches to house the homeless indoors. The bill also prohibited cities and towns from prohibiting homeless encampments within a certain distance from schools or day care centers, or requiring churches to obtain liability insurance. This bill was opposed by the Washington State Association of Counties and Association of Washington Cities. Although the bill passed the House, it died in the Senate.
~
WSCH believes that tent cities are a short term answer to the shortage of housing and shelter available for people who are experiencing homelessness. We feel it is important to support homeless individuals and families in dignified and safe shelter, including tent cities, while working toward permanent solutions to homelessness.