wa-law.org > bill > 2025-26 > HB 2489 > Substitute Bill

HB 2489 - Public space/local use laws

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Section 1

  1. The legislature finds that:

    1. Evictions and homelessness are increasing and are at unprecedented levels across our state, demanding urgent action;

    2. Many families across Washington state have been displaced or are at risk of displacement due to skyrocketing housing costs and an ongoing severe shortage of affordable housing;

    3. The absence of cohesive state guidance has resulted in an arbitrary patchwork of legislation regarding the use of public spaces, leading to inconsistent enforcement and further displacement of people experiencing homelessness;

    4. State and local governments have a shared responsibility in addressing the homelessness crisis and transitioning unsheltered residents into housing;

    5. Laws and policies that punish people who are homeless for engaging in necessary, life-sustaining activities in public spaces inflict harm on already vulnerable individuals, exacerbate barriers to stability, and undermine pathways to housing; and

    6. Enforcement-first approaches do not address the root causes of homelessness, including the lack of affordable housing, behavioral health supports, and economic stability, and may divert limited public resources away from effective, evidence-based solutions.

  2. The legislature intends to:

    1. Provide clear and consistent statewide guidance to local governments to ensure that responses to homelessness are aligned with evidence-based, low-barrier, and housing-first principles, and prevent the enforcement of policies that displace individuals when adequate alternative shelter space is not available;

    2. Protect individuals from penalties for engaging in life-sustaining activities in public when no adequate alternative shelter space is available; and

    3. Support local governments in developing solutions that are fair, effective, and humane.

Section 2

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    1. A city or town may not enforce any city or town law that criminalizes, penalizes, or otherwise prohibits a person from engaging in life-sustaining activities on public property unless the city or town can demonstrate that adequate alternative shelter space was available at the time and place of the conduct.

    2. Nothing in this section limits or restricts the enforcement of criminal offenses under Title 9 or 9A RCW.

    3. For the purposes of (a) of this subsection, the requirement to demonstrate availability of adequate alternative shelter space does not apply where specific conduct at a specific time and place creates an imminent and articulable risk of serious harm to persons, or obstructs ingress, egress, or access required for emergency response or compliance with federal or state disability access laws. Any enforcement action under this subsection must be limited to addressing the identified risk or obstruction.

  2. Any citation, charge, or prosecution made in violation of subsection (1) of this section is invalid. A person cited, charged, or otherwise penalized in violation of subsection (1) of this section may raise as a defense that their conduct constituted a necessary life-sustaining activity protected under this section and that no adequate alternative shelter space was available at the time and place of the conduct. Courts shall dismiss such actions upon a showing of probable cause for this defense.

  3. This section must be liberally construed to protect the constitutional and human rights of all individuals engaged in life-sustaining activities when adequate alternative shelter space is unavailable.

  4. A person or organization may bring an action for injunctive or declaratory relief to challenge the enforcement of a city or town law that violates the protections provided in this section.

  5. A prevailing plaintiff in any action brought under subsection (4) of this section is entitled to reasonable attorneys' fees and costs. Plaintiffs are not liable for attorneys' fees and are only liable for defense costs if the action is found to be frivolous.

  6. Nothing in this section creates a private right of action for monetary damages for any person, except as provided in subsection (5) of this section regarding attorneys' fees and costs.

  7. This section applies to all causes of action commenced on or after the effective date of this section, and to all city or town laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the city or town laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.

  8. Nothing in this section creates a right to shelter, an independent cause of action, or a claim related to admission to, discharge from, or continued access to shelter. The provisions of this section must be used solely to determine whether adequate alternative shelter space exists for purposes of enforcement under this section.

  9. A city or town may adopt policies and procedures for:

    1. Verifying and documenting shelter bed availability;

    2. Coordinating with shelter providers and homeless services organizations;

    3. Offering outreach and voluntary engagement with services prior to enforcement;

    4. Providing notice and opportunity to relocate before enforcement action; and

    5. Storing personal property in accordance with established procedures.

  10. The inability of a city or town to provide adequate alternative shelter space due to an individual's refusal to utilize offered shelter that is accessible to the individual, or due to an individual's conduct resulting in exclusion from shelter for documented safety reasons, does not constitute a violation of this section.

  11. [Empty]

    1. A city or town may enter into an interlocal agreement with one or more other cities or towns, code cities, counties, or other public agencies or jurisdictions under chapter 39.34 RCW to establish a regional coordinated entry system or regional shelter capacity for purposes of this section.

    2. Where an interlocal agreement establishing a regional coordinated entry system or regional shelter capacity exists, shelter capacity within any participating jurisdiction may be counted toward meeting the adequate alternative shelter space requirements for all participating jurisdictions, if:

      1. The agreement specifies the terms for access to regional shelter resources;

      2. Transportation or access to the regional shelter is provided at no cost to the individual needing shelter; and

      3. The agreement establishes equitable contribution towards regional shelter capacity among participating jurisdictions based on population, resources, or other objective criteria.

    3. Any shelter capacity counted toward meeting the adequate alternative shelter space requirements under this subsection must independently meet the definition of "adequate alternative shelter space" under this section.

  12. For the purposes of this section:

    1. "Adequate alternative shelter space" means a space that:

      1. Is legally and physically accessible to the individual experiencing homelessness;

      2. Does not require the individual experiencing homelessness to sacrifice any other right afforded to them under federal, state, or local law;

      3. Is available to the individual at no cost on a continuing basis and does not require more than one application or check-in per 24-hour period, except where necessary for health or safety. Discharge or denial of continued shelter may occur only for documented safety or capacity reasons, or pursuant to objective, written, and consistently applied shelter policies necessary for the health, safety, or operation of the shelter. Policies that effectively deny sustained access to shelter must be presumed inadequate;

      4. Must accommodate any disabilities, as well as pets, partners (whether legally married or not), family members, other support persons, and possessions the individual wishes to bring with them;

    2. May be a tiny home or similar structure that has locking doors; appropriate climate-controlled mechanisms based on the location of the home or structure; and sanitary and cooking facilities or is part of a community with common sanitary and cooking facilities;

    1. May be a portable mat, bed, or other sleeping space in a drop-in overnight shelter including, but not limited to, buildings owned by religious organizations; and

    2. Is located within the territorial limits of the city or town seeking to enforce a city or town law governed by this section, or is located within a jurisdiction with which the city or town has an interlocal agreement under chapter 39.34 RCW establishing a regional coordinated entry system or regional shelter capacity, as described in subsection (11) of this section;

    1. "City or town law" includes any city or town ordinances, policies, rules, regulations, or other official controls;

    2. "Criminalize" or "penalize" means to make conduct subject to criminal, civil, or administrative enforcement, including fines, arrest, citation, or forced displacement; and

    3. "Imminent" has the same meaning as defined in RCW 71.05.020.

    4. "Life-sustaining activities" includes moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, and drinking.

Section 3

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    1. A code city may not enforce any code city law that criminalizes, penalizes, or otherwise prohibits a person from engaging in life-sustaining activities on public property unless the code city can demonstrate that adequate alternative shelter space was available at the time and place of the conduct.

    2. Nothing in this section limits or restricts the enforcement of criminal offenses under Title 9 or 9A RCW.

    3. For the purposes of (a) of this subsection, the requirement to demonstrate availability of adequate alternative shelter space does not apply where specific conduct at a specific time and place creates an imminent and articulable risk of serious harm to persons, or obstructs ingress, egress, or access required for emergency response or compliance with federal or state disability access laws. Any enforcement action under this subsection must be limited to addressing the identified risk or obstruction.

  2. Any citation, charge, or prosecution made in violation of subsection (1) of this section is invalid. A person cited, charged, or otherwise penalized in violation of subsection (1) of this section may raise as a defense that their conduct constituted a necessary life-sustaining activity protected under this section and that no adequate alternative shelter space was available at the time and place of the conduct. Courts shall dismiss such actions upon a showing of probable cause for this defense.

  3. This section must be liberally construed to protect the constitutional and human rights of all individuals engaged in life-sustaining activities when adequate alternative shelter space is unavailable.

  4. A person or organization may bring an action for injunctive or declaratory relief to challenge the enforcement of a code city law that violates the protections provided in this section.

  5. A prevailing plaintiff in any action brought under subsection (4) of this section is entitled to reasonable attorneys' fees and costs. Plaintiffs are not liable for attorneys' fees and are only liable for defense costs if the action is found to be frivolous.

  6. Nothing in this section creates a private right of action for monetary damages for any person, except as provided in subsection (5) of this section regarding attorneys' fees and costs.

  7. This section applies to all causes of action commenced on or after the effective date of this section, and to all code city laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the code city laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.

  8. Nothing in this section creates a right to shelter, an independent cause of action, or a claim related to admission to, discharge from, or continued access to shelter. The provisions of this section must be used solely to determine whether adequate alternative shelter space exists for purposes of enforcement under this section.

  9. A code city may adopt policies and procedures for:

    1. Verifying and documenting shelter bed availability;

    2. Coordinating with shelter providers and homeless services organizations;

    3. Offering outreach and voluntary engagement with services prior to enforcement;

    4. Providing notice and opportunity to relocate before enforcement action; and

    5. Storing personal property in accordance with established procedures.

  10. The inability of a code city to provide adequate alternative shelter space due to an individual's refusal to utilize offered shelter that is accessible to the individual, or due to an individual's conduct resulting in exclusion from shelter for documented safety reasons, does not constitute a violation of this section.

  11. [Empty]

    1. A code city may enter into an interlocal agreement with one or more other cities or towns, code cities, counties, or other public agencies or jurisdictions under chapter 39.34 RCW to establish a regional coordinated entry system or regional shelter capacity for purposes of this section.

    2. Where an interlocal agreement establishing a regional coordinated entry system or regional shelter capacity exists, shelter capacity within any participating jurisdiction may be counted toward meeting the adequate alternative shelter space requirements for all participating jurisdictions, if:

      1. The agreement specifies the terms for access to regional shelter resources;

      2. Transportation or access to the regional shelter is provided at no cost to the individual needing shelter; and

      3. The agreement establishes equitable contribution towards regional shelter capacity among participating jurisdictions based on population, resources, or other objective criteria.

    3. Any shelter capacity counted toward meeting the adequate alternative shelter space requirements under this subsection must independently meet the definition of "adequate alternative shelter space" under this section.

  12. For the purposes of this section:

    1. "Adequate alternative shelter space" means a space that:

      1. Is legally and physically accessible to the individual experiencing homelessness;

      2. Does not require the individual experiencing homelessness to sacrifice any other right afforded to them under federal, state, or local law;

      3. Is available to the individual at no cost on a continuing basis and does not require more than one application or check-in per 24-hour period, except where necessary for health or safety. Discharge or denial of continued shelter may occur only for documented safety or capacity reasons, or pursuant to objective, written, and consistently applied shelter policies necessary for the health, safety, or operation of the shelter. Policies that effectively deny sustained access to shelter must be presumed inadequate;

      4. Must accommodate any disabilities, as well as pets, partners (whether legally married or not), family members, other support persons, and possessions the individual wishes to bring with them;

    2. May be a tiny home or similar structure that has locking doors; appropriate climate-controlled mechanisms based on the location of the home or structure; and sanitary and cooking facilities or is part of a community with common sanitary and cooking facilities;

    1. May be a portable mat, bed, or other sleeping space in a drop-in overnight shelter including, but not limited to, buildings owned by religious organizations; and

    2. Is located within the territorial limits of the code city seeking to enforce a code city law governed by this section, or is located within a jurisdiction with which the code city has an interlocal agreement under chapter 39.34 RCW establishing a regional coordinated entry system or regional shelter capacity, as described in subsection (11) of this section;

    1. "Code city law" includes any code city ordinances, policies, rules, regulations, or other official controls;

    2. "Criminalize" or "penalize" means to make conduct subject to criminal, civil, or administrative enforcement, including fines, arrest, citation, or forced displacement; and

    3. "Imminent" has the same meaning as defined in RCW 71.05.020.

    4. "Life-sustaining activities" includes moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, and drinking.

Section 4

  1. [Empty]

    1. A county may not enforce any county law that criminalizes, penalizes, or otherwise prohibits a person from engaging in life-sustaining activities on public property unless the county can demonstrate that adequate alternative shelter space was available at the time and place of the conduct.

    2. Nothing in this section limits or restricts the enforcement of criminal offenses under Title 9 or 9A RCW.

    3. For the purposes of (a) of this subsection, the requirement to demonstrate availability of adequate alternative shelter space does not apply where specific conduct at a specific time and place creates an imminent and articulable risk of serious harm to persons, or obstructs ingress, egress, or access required for emergency response or compliance with federal or state disability access laws. Any enforcement action under this subsection must be limited to addressing the identified risk or obstruction.

  2. Any citation, charge, or prosecution made in violation of subsection (1) of this section is invalid. A person cited, charged, or otherwise penalized in violation of subsection (1) of this section may raise as a defense that their conduct constituted a necessary life-sustaining activity protected under this section and that no adequate alternative shelter space was available at the time and place of the conduct. Courts shall dismiss such actions upon a showing of probable cause for this defense.

  3. This section must be liberally construed to protect the constitutional and human rights of all individuals engaged in life-sustaining activities when adequate alternative shelter space is unavailable.

  4. A person or organization may bring an action for injunctive or declaratory relief to challenge the enforcement of a county law that violates the protections provided in this section.

  5. A prevailing plaintiff in any action brought under subsection (4) of this section is entitled to reasonable attorneys' fees and costs. Plaintiffs are not liable for attorneys' fees and are only liable for defense costs if the action is found to be frivolous.

  6. Nothing in this section creates a private right of action for monetary damages for any person, except as provided in subsection (5) of this section regarding attorneys' fees and costs.

  7. This section applies to all causes of action commenced on or after the effective date of this section, and to all county laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the county laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.

  8. Nothing in this section creates a right to shelter, an independent cause of action, or a claim related to admission to, discharge from, or continued access to shelter. The provisions of this section must be used solely to determine whether adequate alternative shelter space exists for purposes of enforcement under this section.

  9. A county may adopt policies and procedures for:

    1. Verifying and documenting shelter bed availability;

    2. Coordinating with shelter providers and homeless services organizations;

    3. Offering outreach and voluntary engagement with services prior to enforcement;

    4. Providing notice and opportunity to relocate before enforcement action; and

    5. Storing personal property in accordance with established procedures.

  10. The inability of a county to provide adequate alternative shelter space due to an individual's refusal to utilize offered shelter that is accessible to the individual, or due to an individual's conduct resulting in exclusion from shelter for documented safety reasons, does not constitute a violation of this section.

  11. [Empty]

    1. A county may enter into an interlocal agreement with one or more other cities or towns, code cities, counties, or other public agencies or jurisdictions under chapter 39.34 RCW to establish a regional coordinated entry system or regional shelter capacity for purposes of this section.

    2. Where an interlocal agreement establishing a regional coordinated entry system or regional shelter capacity exists, shelter capacity within any participating jurisdiction may be counted toward meeting the adequate alternative shelter space requirements for all participating jurisdictions, if:

      1. The agreement specifies the terms for access to regional shelter resources;

      2. Transportation or access to the regional shelter is provided at no cost to the individual needing shelter; and

      3. The agreement establishes equitable contribution towards regional shelter capacity among participating jurisdictions based on population, resources, or other objective criteria.

    3. Any shelter capacity counted toward meeting the adequate alternative shelter space requirements under this subsection must independently meet the definition of "adequate alternative shelter space" under this section.

  12. For the purposes of this section:

    1. "Adequate alternative shelter space" means a space that:

      1. Is legally and physically accessible to the individual experiencing homelessness;

      2. Does not require the individual experiencing homelessness to sacrifice any other right afforded to them under federal, state, or local law;

      3. Is available to the individual at no cost on a continuing basis and does not require more than one application or check-in per 24-hour period, except where necessary for health or safety. Discharge or denial of continued shelter may occur only for documented safety or capacity reasons, or pursuant to objective, written, and consistently applied shelter policies necessary for the health, safety, or operation of the shelter. Policies that effectively deny sustained access to shelter must be presumed inadequate;

      4. Must accommodate any disabilities, as well as pets, partners (whether legally married or not), family members, other support persons, and possessions the individual wishes to bring with them;

    2. May be a tiny home or similar structure that has locking doors; appropriate climate-controlled mechanisms based on the location of the home or structure; and sanitary and cooking facilities or is part of a community with common sanitary and cooking facilities;

    1. May be a portable mat, bed, or other sleeping space in a drop-in overnight shelter including, but not limited to, buildings owned by religious organizations; and

    2. Is located within the territorial limits of the county seeking to enforce a county law governed by this section, or is located within a jurisdiction with which the county has an interlocal agreement under chapter 39.34 RCW establishing a regional coordinated entry system or regional shelter capacity, as described in subsection (11) of this section;

    1. "County law" includes any county ordinances, policies, rules, regulations, or other official controls;

    2. "Criminalize" or "penalize" means to make conduct subject to criminal, civil, or administrative enforcement, including fines, arrest, citation, or forced displacement; and

    3. "Imminent" has the same meaning as defined in RCW 71.05.020.

    4. "Life-sustaining activities" includes moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, and drinking.

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