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On July 23, 2024, the Burien City Council formally requested that the King County Metropolitan Council investigate, then discuss, Dow Constantine's abysmal and contemptuous behavior towards Burien.
At the heart of the matter, Burien Council has been trying to responsibly manage Burien’s growing homelessness, drug, and mental health crises; and King County has blocked them at every turn.
Last year, KC tried to force Burien into accepting an underfunded Tiny Home Village, (which was barely accepted in 2023.) When the new council asked too many questions, KC got tired of waiting, and recently revoked the offer.
King County told Burien it would spend the million dollars on the District Court encampment.
In early March 2024, the KC Sheriff served Burien with a lawsuit over an updated camping ordinance that the council had hoped would mitigate uncontrolled public camping. The city counter-sued for breach of contract. The battle is now being considered in the courts, although recent high-court rulings show code cities are allowed to control their “right-of-ways” (i.e. streets and sidewalks.)
King County refuses to abide or concede.
Beginning in April 2024, a homeless encampment began to form on King County land in Burien, across from the District Courthouse and the police station. In May, when there were only 25 tents, KC added a temporary fence. But last week, KC began constructing an “immovable fence” around the homeless camp. There are currently dozens of tents squeezed onto the lush, tree-laden property.
Burien has finally had enough.
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Dear Metropolitan King County Council,
The City of Burien asks for your help with investigating the King County Executive Office's actions in Burien and discussing the investigations' outcome during a meeting of the Metropolitan King County Council.
The King County Executive Office has made unilateral decisions that harm the Burien community. Moreover, the King County Executive Office has shown contempt for the United States Supreme Court ruling in Grants Pass v. Johnson (2024), recognizing a municipality's authority to regulate unlawful camping within its borders, and the Washington State Supreme Court Potter v. City of Lacey (2024) decision reaffirming municipal rights to regulate rights-of-way.
Unsurprisingly, this contempt also extends to the City of Burien and its residents. The King County Executive and Sheriff have permitted an encampment on King County property within the City of Burien without discussing this plan with Burien and without any community engagement. This encampment violates Burien's unlawful camping ordinance. Burien has designated the area surrounding certain sensitive locations - daycares, schools, and libraries - as inappropriate for camping, yet this encampment is within 500 feet of those protected locations. Additionally, the ordinance prohibits camping between 6:01 a.m. and 6:59 p.m. Despite previously enforcing this prohibition, King County's encampment in Burien exists all day.
The Executive and its Sheriff completely disregard a city's authority under the Washington State Constitution, Art. XI, Section 11, to "make and enforce within its limits all such local police, sanitary and other regulations," and RCW 35A.11.020 that states a code city council "may adopt and enforce ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good government of the city," "shall have all powers possible for a city or town to have under the Constitution of this state," and "shall have any authority ever given to any class of municipality or to all municipalities of this state before or after the enactment of this title." This contempt and disregard for Burien's exercise of legislative and home rule authority is unacceptable.
Burien has repeatedly requested important information from the King County Executive Office. The information sought includes, but is not limited to, the King County Executive's plan:
The Metropolitan King County Council has the authority to demand a briefing from the King County Executive Office and/or any county department involved in establishing, maintaining, and operating the county's unpermitted and unlawful encampment in Burien. With your help, the City of Burien and its frustrated residents can obtain the answers concealed and withheld by the King County Executive Office.
For many years, Burien has been one of the communities willing to shelter the unhoused and provide them with a safe place to rest. That said, Burien must also protect the rest of its community. While Burien would love to collaborate to enhance this work, it requires a respectful partner. Burien needs the county council's help in addressing the King County Executive Office's actions that harm the City of Burien today and may harm other King County cities in the future.
Thank you in advance for your support.
Signed by:
Mayor Kevin Schilling
Deputy Mayor Stephanie Mora
Councilmember Linda Akey
Councilmember Jimmy Matta
Councilmember Alex Andrade
NOT Signed by:
Councilmember Hugo Garcia
Councilmember Sarah Moore
Cc: Washington State Attorney General Bob Ferguson
Washington State Auditor Pat McCarthy
King County Government and Accountability Oversight Committee
Dave Hoffman, Sound Cities Association
Deanna Dawson, Association of Washington Cities
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We have reached out to Burien Council for comment.
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