Public property regulations

AN ACT Relating to allowing objectively reasonable regulation of 1
the utilization of public property; adding a new section to chapter 2
35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new 3
section to chapter 36.01 RCW; creating a new section; and declaring 4
an emergency. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. (1) The legislature finds that:7
(a) Evictions and homelessness are increasing and are at 8
unprecedented levels across our state, demanding urgent action;9
(b) Many families across Washington state have been displaced or 10
are at risk of displacement due to skyrocketing housing costs and an 11
ongoing severe shortage of affordable housing; 12
(c) The absence of cohesive state guidance has resulted in an 13
arbitrary patchwork of legislation regarding the use of public 14
spaces, resulting in an inefficient use of state and local resources; 15
and 16
(d) State and local governments have a shared responsibility in 17
addressing the homelessness crisis and transitioning unsheltered 18
residents into housing. 19
(2) The legislature intends to: 20
H-0569.2
HOUSE BILL 1380
State of Washington 69th Legislature 2025 Regular Session
By Representatives Gregerson, Peterson, Parshley, Simmons, Alvarado,
Pollet, Macri, Hill, and Ormsby
Read first time 01/17/25. Referred to Committee on Housing.
p. 1 HB 1380
(a) Encourage the efficient use of state and local resources by 1
providing clear guidance to local governments on how to balance 2
public safety with the urgent need to transition people experiencing 3
homelessness to safe and stable housing; 4
(b) Protect local governments whose ordinances are objectively 5
reasonable against litigation, including any private right of action 6
for monetary damages; and 7
(c) Encourage local governments to enact objectively reasonable 8
time, place, and manner regulations to manage public spaces 9
effectively and preserve public peace, health, and safety for the 10
benefit of the entire community. 11
NEW SECTION. Sec. 2. A new section is added to chapter 35.21 12
RCW to read as follows: 13
(1) Any city or town law that regulates the acts of sitting, 14
lying, sleeping, or keeping warm and dry outdoors on public property 15
that is open to the public must be objectively reasonable as to time, 16
place, and manner. 17
(2) It is an affirmative defense to a charge of violating a city 18
or town law described in subsection (1) of this section that the law 19
is not objectively reasonable. 20
(3) A person may bring suit for injunctive or declaratory relief 21
to challenge the objective reasonableness of a city or town law 22
described in subsection (1) of this section. The action must be 23
brought in the superior court of the county in which the city or town 24
that enacted the law is located. 25
(4) For the purposes of subsections (1) and (2) of this section, 26
objective reasonableness must be determined based on the totality of 27
the circumstances. In determining objective reasonableness, special 28
consideration must be given to the impact of the city or town law on 29
persons experiencing homelessness. 30
(5) In any suit brought pursuant to subsection (3) of this 31
section, the court, in its discretion, may award reasonable 32
attorneys' fees to a prevailing plaintiff if the plaintiff:33
(a) Was not seeking to vindicate an interest unique to the 34
plaintiff; and 35
(b) At least 90 days before the action was filed, provided 36
written notice to the governing body of the city or town that enacted 37
the law being challenged of the plaintiff's intent to bring the 38
p. 2 HB 1380
action, and the notice provided the governing body with actual notice 1
of the basis upon which the plaintiff intends to challenge the law.2
(6) Nothing in this section creates a private right of action for 3
monetary damages for any person. 4
(7) This section applies to all causes of action commenced on or 5
after the effective date of this section, and to all city or town 6
laws existing on or after the effective date of this section, 7
regardless of when the cause of action arose or when the city or town 8
laws were enacted. To this extent, this section applies 9
retroactively, but in all other respects it applies prospectively.10
(8) For the purposes of this section, "keeping warm and dry" 11
means using measures necessary for an individual to survive outdoors 12
given the environmental conditions. "Keeping warm and dry" does not 13
include using any measure that involves fire or flame.14
NEW SECTION. Sec. 3. A new section is added to chapter 35A.21 15
RCW to read as follows: 16
(1) Any code city law that regulates the acts of sitting, lying, 17
sleeping, or keeping warm and dry outdoors on public property that is 18
open to the public must be objectively reasonable as to time, place, 19
and manner. 20
(2) It is an affirmative defense to a charge of violating a code 21
city law described in subsection (1) of this section that the law is 22
not objectively reasonable. 23
(3) A person may bring suit for injunctive or declaratory relief 24
to challenge the objective reasonableness of a code city law 25
described in subsection (1) of this section. The action must be 26
brought in the superior court of the county in which the code city 27
that enacted the law is located. 28
(4) For the purposes of subsections (1) and (2) of this section, 29
objective reasonableness must be determined based on the totality of 30
the circumstances. In determining objective reasonableness, special 31
consideration must be given to the impact of the code city law on 32
persons experiencing homelessness. 33
(5) In any suit brought pursuant to subsection (3) of this 34
section, the court, in its discretion, may award reasonable 35
attorneys' fees to a prevailing plaintiff if the plaintiff:36
(a) Was not seeking to vindicate an interest unique to the 37
plaintiff; and 38
p. 3 HB 1380
(b) At least 90 days before the action was filed, provided 1
written notice to the governing body of the code city that enacted 2
the law being challenged of the plaintiff's intent to bring the 3
action, and the notice provided the governing body with actual notice 4
of the basis upon which the plaintiff intends to challenge the law.5
(6) Nothing in this section creates a private right of action for 6
monetary damages for any person. 7
(7) This section applies to all causes of action commenced on or 8
after the effective date of this section, and to all code city laws 9
existing on or after the effective date of this section, regardless 10
of when the cause of action arose or when the code city laws were 11
enacted. To this extent, this section applies retroactively, but in 12
all other respects it applies prospectively. 13
(8) For the purposes of this section, "keeping warm and dry" 14
means using measures necessary for an individual to survive outdoors 15
given the environmental conditions. "Keeping warm and dry" does not 16
include using any measure that involves fire or flame.17
NEW SECTION. Sec. 4. A new section is added to chapter 36.01 18
RCW to read as follows: 19
(1) Any county law that regulates the acts of sitting, lying, 20
sleeping, or keeping warm and dry outdoors on public property that is 21
open to the public must be objectively reasonable as to time, place, 22
and manner. 23
(2) It is an affirmative defense to a charge of violating a 24
county law described in subsection (1) of this section that the law 25
is not objectively reasonable. 26
(3) A person may bring suit for injunctive or declaratory relief 27
to challenge the objective reasonableness of the county law described 28
in subsection (1) of this section. The action must be brought in the 29
superior court of the county that enacted the law.30
(4) For the purposes of subsections (1) and (2) of this section, 31
objective reasonableness must be determined based on the totality of 32
the circumstances. In determining objective reasonableness, special 33
consideration must be given to the impact of the county law on 34
persons experiencing homelessness. 35
(5) In any suit brought pursuant to subsection (3) of this 36
section, the court, in its discretion, may award reasonable 37
attorneys' fees to a prevailing plaintiff if the plaintiff:38
p. 4 HB 1380
(a) Was not seeking to vindicate an interest unique to the 1
plaintiff; and 2
(b) At least 90 days before the action was filed, provided 3
written notice to the governing body of the county that enacted the 4
law being challenged of the plaintiff's intent to bring the action, 5
and the notice provided the governing body with actual notice of the 6
basis upon which the plaintiff intends to challenge the law.7
(6) Nothing in this section creates a private right of action for 8
monetary damages for any person. 9
(7) This section applies to all causes of action commenced on or 10
after the effective date of this section, and to all county laws 11
existing on or after the effective date of this section, regardless 12
of when the cause of action arose or when the county laws were 13
enacted. To this extent, this section applies retroactively, but in 14
all other respects it applies prospectively. 15
(8) For the purposes of this section, "keeping warm and dry" 16
means using measures necessary for an individual to survive outdoors 17
given the environmental conditions. "Keeping warm and dry" does not 18
include using any measure that involves fire or flame.19
NEW SECTION. Sec. 5. This act is necessary for the immediate 20
preservation of the public peace, health, or safety, or support of 21
the state government and its existing public institutions, and takes 22
effect immediately.23
--- END ---
p. 5 HB 1380