Martin v City of Boise might apply to situations such as these proposed regulations.  Can any of the attorneys on this listserv express an informal opinion?

Al Ratcliffe



On Sun, Aug 11, 2019 at 7:48 PM Greg Walker <Greg.Walker@cardo.community> wrote:

All,

 

If this is redundant, I apologize.  I checked the archives, and could not find mention of it anywhere.  Metro Parks is proposing changes to municipal parks code, including a provision that “Limits permissible “structures” in parks to only those specifically authorized or are temporary and have only a roof and no walls.”  The purpose of this change, as explained to me by a TPD community liaison officer is to make tents illegal in parks at any time.  This seems to be another attempt to make homelessness illegal, and does nothing to address the underlying causes. 

 

The pertinent text is a change to Tacoma Municpal Code 8.27.210 (I’m inserting the new language as proposed, since formatting may not come through on the listserv to indicate strikethrough or underline):

 

8.27.210 No Structures in parks; exceptions. 

A. It is unlawful to erect, install or place any structure within a park except as provided herein.  

B. “Structure” means any structure or shelter, including but not limited to any temporary makeshift dwelling units, lean-tos, shacks and/or trailers, comprised of tree branches, wood, plastic, metal, nylon, tarp, or any other materials. 

C. This section shall not apply to:

1. Any structure erected, installed or placed within a park by the owner or operator of the park or as expressly authorized by the Director.

2.  A temporary structure that has only a roof and no walls.

 

Metro Parks Board is meeting tomorrow night.  This item is not on their agenda for the meeting, but there is a Citizens Comments period on the agenda.  This website provides more details, including links to the full text of all changes, and a place to submit comment.  Public comment period closes August 28. 

 

I would encourage members of the coalition to provide comment, and to monitor both park board meeting agendas and Tacoma City Council meeting agendas to speak to this inappropriate change. 

 

Greg Walker

Community Development Entrepreneur

253.279.2795

 

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This listserv is part of the Tacoma/Pierce County Coalition to End Homelessness.