NorthwestJune 29, 2024

Attorney for homeless, though, says decision has impact on only one of their claims

Rachel Sun Lewiston Tribune and Northwest Public Broadcasting
Foster Park is pictured on Friday as homeless residents sit with their belongings.
Foster Park is pictured on Friday as homeless residents sit with their belongings.August Frank/Tribune
John Wolff
John WolffMBR

A U.S. Supreme Court ruling Thursday could affect whether unhoused residents in Clarkston are allowed to continue sleeping overnight at Foster Park.

The ruling in Grants Pass v. Johnson states that cities within the Ninth Circuit, which includes Washington, Idaho and seven other states, are allowed to punish unhoused people for sleeping on public property.

John Wolff is an attorney representing several of those unhoused residents in a lawsuit against Clarkston in relation to its camping ordinance, which already limits overnight camping to Foster Park between the hours of 9 p.m. and 7 a.m.

“To the extent that the U.S. Supreme Court’s decision has any impact on the case, it only implicates one of the claims,” he said. “My clients have brought several claims against the city of Clarkston.”

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Those claims include a federal and state constitutional right to travel, which plaintiffs claim also includes a right not to travel; a Washington constitutional right against cruel punishment; deprivation of due process guaranteed by both the federal and state constitutions against seizure of property without due process; and violation of the Americans with Disabilities Act.

Wolff said he did not know if the ruling would lead to any immediate change in how the city planned to enforce its ordinance.

“I have not talked to the city attorney about that at all,” he said.

City officials did not immediately respond to a request for comment Friday.

Sun may be contacted at rsun@rachel_M_Sun. This report is made in partnership with Northwest Public Broadcasting, the Lewiston Tribune and the Moscow-Pullman Daily News.

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