Court rules against Foster Park plaintiffs

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A federal judge has denied a motion for a temporary restraining order and preliminary injunction that would’ve halted the city of Clarkston from enforcing ordinances related to the homeless camp at Foster Park.

In a decision handed down Monday, U.S. District Judge Thomas O. Rice ruled plaintiffs John Parke, Scott Darrington, Nancy Caskey, Tamara Apfelback and Elves for the Homeless failed to satisfy legal tests and are not entitled to their requested relief. They are represented by attorney John Wolff of the Northwest Justice Project. 

The group asked the court to temporarily bar the city from enforcing an ordinance that limits camping at Foster Park in Clarkston. The plaintiffs previously filed a lawsuit April 5 against the city alleging Clarkston’s ordinance disproportionately affected them because of their disabilities.

City officials plan to discuss the latest ruling and the recent U.S. Supreme Court ruling on Grants Pass v. Johnson on Monday night during the regular council meeting, which begins at 7 p.m. at City Hall.

Todd Richardson, who is filling in as city attorney for Suni Hanson, has promised to study the decisions and advise the council on the city’s next steps.

“We will proceed with great care, considering the rights and needs of all residents, the Supreme Court ruling and other relevant litigation, including the decision in Potter v. Lacey and the order denying the temporary restraining order in Parke v. City of Clarkston,” said Steve Austin, city administrator.

In a news release issued Wednesday, Austin said the city recognizes this is an evolving issue nationwide, and officials plan to keep the public informed as more information is gathered.

Last week, the Supreme Court ruled that laws preventing the homeless from camping on public property are not cruel and unusual punishment prohibited by the Eighth Amendment.

The 6-3 Grants Pass ruling is expected to have an effect on how the city of Clarkston handles the homeless situation at Foster Park. Previous decisions prevented cities from enforcing camping bans if no shelter beds were available.

For several months, unhoused people have been sleeping at Foster Park, the only place where overnight camping is allowed on city property. The rules allow tents to be set up from 9 p.m. to 7 a.m., and the park is cleared each morning for maintenance.

The Potter case in the Washington Supreme Court will also be considered as the city moves forward, Clarkston officials said Wednesday. The court recently ruled an RV parking ordinance in Lacey, Wash., does not violate Jack Potter’s state constitutional right to intrastate travel.

According to court documents, Potter was sitting in his 23-foot trailer on a public street in violation of generally applicable parking ordinances in the city.

Sandaine can be reached at kerris@lmtribune.com. You can follow her on X @newsfromkerri.