Tent City 4
For Immediate
Release, March 10, 2010
COURT ORDERS
THE CITY OF WOODINVILLE
TO PAY
ATTORNEYS FEES, CONCLUDING THAT THE
CITY VIOLATED
NORTHSHORE UNITED CHURCH OF CHRIST’S
RIGHT TO FREE
EXERCISE OF RELIGION
On March 1, 2010, the King County Superior Court,
responding to a July 2009 Washington State Supreme Court ruling,
granted summary judgment in favor of Northshore United Church of
Christ (“NUCC”) and against the City of Woodinville related to
NUCC’s decision to host Tent City 4 in 2006.
Relying on the Supreme Court’s decision the Superior Court
granted summary judgment dismissing the City’s claim for injunctive
relief and ordered the City to pay attorneys fees and costs in an
amount to be determined in further proceedings.
In July 2009, the Washington State Supreme Court rejected the City
of Woodinville’s claim that NUCC violated land use rules by agreeing
to host Tent City 4, ruling that the City’s refusal to consider
NUCC’s permit application violated the Church’s right to free
exercise of religion guaranteed by the Washington Constitution.
The Supreme Court remanded the case back to King County
Superior Court for final resolution. On Monday, March 1, the
Superior Court agreed that the WA Supreme Court resolved the issues
in Northshore United Church of Christ’s favor, and that the City
must cover NUCC’s legal costs.
In 2004, the City of Woodinville and Northshore
UCC successfully cooperated on locating Tent City 4 on unused city
land, with the church acting as sponsor. In 2006, despite City staff
recommendations and planning with NUCC to organize a similar 3-month
stay, the City Council voted not to offer use of City land. The NUCC
congregation voted to extend an invitation to host Tent City 4 on
its own land, and attempted to file a permit application.
The City refused even to accept the permit
application and instead, launched an aggressive campaign of
litigation, seeking first an emergency temporary injunction to stop
the move—which was denied, legally allowing the homeless encampment
to move onto the NUCC’s land while the issue was tried in the courts
and ultimately resolved in NUCC’s favor by the Washington State
Supreme Court.
Meanwhile,
the church followed its 2004 agreement with the City on all
conditions for security, safety, inspections, and sanitation, and
the encampment left after a peaceful 90-day stay at NUCC. After 6
years, churches and synagogues across the Eastside have successfully
and peacefully hosted Tent City 4.
These include the Woodinville Unitarian Universalist Church,
just a mile east of NUCC, as well as sites in Issaquah (where it is
located at present), Bellevue, Kirkland, Redmond and Mercer Island.
With this latest ruling in the case, the Court
has rejected the City’s attempt to collect damages from NUCC and has
ordered the City to pay NUCC’s attorneys fees and court costs.
The Court will determine the attorneys fees award after
NUCC’s law firm, the Rafel Law Group, has submitted documentation of
the time expended on NUCC’s behalf.
“The Rafel Law Group, including Tony Rafel, Lisa
Hayes, and Bob Hyde, expended hundreds of
pro bono hours on NUCC’s
behalf over the course of the litigation.
The Court’s ruling provides an opportunity for the Rafel firm
to at last be paid for this huge expenditure of time,” said NUCC
Pastor Rev. Cynthia Riggin.
Added Rev. Riggin, “We are overjoyed that this
litigation is finally coming to a successful conclusion.
The time is long overdue for everyone involved to
stop spending resources on
litigation, and shift
our focus to working with our neighbors and city government to
provide safe shelter for those in need.
And to also fight the systemic injustices that lead to the
conditions which—in this richest nation in the world, and a
relatively affluent community in this region—still sees people
camping in its forests and parks and underpasses because they have
no place to live.”
In these harsh economic times, homelessness has
become even more real to many Eastsiders, as evidenced by Tent City
4’s continually being filled to capacity—including today in
Issaquah. As Rev. Riggin
observed, “Even as we received word today that this court case is
coming to an end, we were also informed by Hopelink that they
couldn’t use our foodbank volunteers right now, because there isn’t
enough food on the shelves to be sorted.”
“When people can’t get food
at a foodbank, they have to make an unthinkable choice -between
buying food for their children or paying rent or electricity bills.”
In conclusion, Rev. Riggin
states, “We at Northshore United Church of Christ, along with many
of our neighbors and fair-minded citizens, believe it is a core
Christian mission to care for those in need in our society.
As part of that mission, we have always, and will continue
to, offer aid and shelter to the homeless while we work toward
public policies to end homelessness in our community.”
For those new to the Tent City Project, here is a brief overview of who they are and the nonprofit SHARE, (Seattle Housing and Resource Effort), which sponsors and runs Tent City:
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TENT CITY4 (TC4) FREQUENTLY ASKED QUESTIONS What is Tent City?
What is the mission of Tent City?
Who sponsors Tent City? Tent City is sponsored and managed by SHARE/WHEEL. (SHARE stands for "Seattle Housing and Resource Effort". WHEEL stands for "Women's Housing Equality and Enhancement League".) SHARE/WHEEL operates 15 fixed site shelters and two Tent City locations. SHARE/WHEEL manages 350 indoor shelter beds in Seattle, making it the largest shelter-providing organization in the Pacific Northwest. How long has SHARE/WHEEL been operating? SHARE/WHEEL has been operating fixed site shelters for 15 years. SHARE/WHEEL has been operating Tent Cities for five years. How is SHARE/WHEEL funded?
Who runs Tent City 4? Each Tent City has an executive committee elected by the residents. The Executive Committee is re-elected at regular intervals, to ensure rotation of leadership. All residents are required to attend weekly community meetings and to perform at least one task a day for the community, for a minimum of about 10 hours every two weeks. How many people live in TC4? The numbers vary but the average in Woodinville will be from 40 to the maximum allowed 80. Who are the people living in TC4? Homeless adults: single men and women, and couples. Children are not allowed in Tent City. How does TC4 handle security?
What happens to potential residents who are not accepted?
What happens to residents who violate the Tent City Code of Conduct?
Where does Tent City get tents, blankets, food and other necessities? Many tents, blankets and other supplies, including food and clothing, are donated by community support from local businesses, parishioners from the host church and from other church congregations, and by residents of the surrounding neighborhood. How does Tent City get hot meals? Usually a hot dinner is provided by a church or other charitable organization. Other food is donated, but refrigeration facilities are limited. TC4 includes a kitchen tent with a microwave oven for food preparation, but there are no electrical burners or open flames allowed. The Host Congregation is not expected to, but may choose to provide meals or any assistance they deem necessary for the well-being of the Tent City residents. Over the past two years, more than 50 religious and secular organizations have served at least 35,000 hot suppers at Tent City, for an estimated value of over $92,000. Does TC4 have toilet and shower facilities? TC4 has portable toilets which are serviced 3 times per week. A portable shower on a trailer has been transported to the site. Drainage from the shower and sinks (called "grey water") is piped into the septic system at the church. The plumbing set up is inspected before and during the stay by city code enforcement to ensure public health and environmental conditions are maintained. What about garbage and laundry?
What percentage of Tent City residents have a job?
Do people leave Tent City 4?
Can I come to Tent City 4 to see it firsthand? Yes, Tent City 4 is open to visitors 24/7. TC4 is currently hosted by Northshore United Church of Christ, 18900 168th Ave NE, until later in the summer. From I-405 go East on Hwy 522. Take the second exit, 195th Street, and go right. Follow this road (Woodinville-Duvall Road) until you reach the lighted intersection at 168th; turn left, and the church is on the right in about one-half block. Visits are encouraged and complete tours can be given during the day and early evening. Does Tent City pose a threat to its neighbors or to school children? No. According to an official King County investigation: "Concerning children's safety and the potential threat posed by Tent City 4, no evidence exists in the record suggesting area children or others are facing safety risk.... There is no reason to fear people living at Tent City 4." Has a Tent City ever been located in a residential area or near schools? Yes. Because the host is usually a church, Tent Cities have normally been in residential neighborhoods. In Bothell, an elementary school was located within a block of Tent City 4; previous Seattle Tent Cities have been within two blocks of at least ten schools, pre-schools or day cares. On the Eastside, Tent City has now been located near or beside schools in about half of its nine sites over two years. School officials have not reported any incidents of Tent City residents having contact with schools or their children, except to lessen the amount of litter in the area. Abd during the entire history of all Tent Cities, not a single child or other neighbor has been harmed by any Tent City resident, according to police records. Are neighborhood schools and children safe from possible intruders? Schools already have procedures in place to deal with unauthorized persons in their buildings and on their grounds. For specific information, contact the schools directly. Has there been an increase in crime in areas where SHARE/WHEEL's Tent Cities have been located? No. According to the police in Seattle, Shoreline, Tukwila, Bothell, Kirkland, Bellevue, and Woodinville, there has been no measurable increase in crime in neighborhoods near any Tent City. On May 21, 2004, the Seattle Times published an independent investigation which found that SHARE/WHEEL's Tent Cities do not affect crime rates. What was the police coverage at the previous Tent City locations? Generally, law enforcement has made regular daily contact with Tent City. Unscheduled visits are made several times a day. This is the model followed by the King County Sheriff’s officers (under contract with the city) at the previous Woodinville downtown site and also the site at Woodinville Unitarian Universalist Church. In testifying before the Woodinville City Council this month (May 2006), Chief Kent Baxter told the City Council that this arrangement had been successful for Tent City 4 and the local residents. |