Ruling lets Bothell's tent city stay

By Young Chang
Seattle Times Eastside bureau

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While the roving community can remain on the two acres of St. Brendan land for the remainder of its 90 days, Judge Steven Scott also ruled that Bothell has a right to require a permit and that the city can enforce certain conditions on tent-city residents. Some were agreed upon yesterday, but a judge will rule on the remaining conditions Tuesday.

The city is in the process of creating a new special permit for the church.

Tent-city residents who attended the hearing expressed relief that they wouldn't have to leave the property. The Rev. Lawrence Minder, from St. Brendan, said he was pleased with the decision.

Bothell's interim city manager, Manny Ocampo, said the ruling gives the city, the church and Tent City 4 organizers a chance to settle on conditions.

"I feel good that the judge agreed in its basic ruling that the city does have the right and responsibility to require a permit for this kind of use," Ocampo said.

Bothell had filed a lawsuit against St. Brendan May 17, the day the homeless encampment had pitched its tents on church land. The city had sought a preliminary injunction, claiming St. Brendan was violating municipal zoning regulations by hosting the tent city. In seeking this motion, the city had first requested a cease-and-desist order.

While the judge did not grant the order, he granted alternative relief to the city by ordering certain conditions be imposed on the encampment.

Among the conditions agreed to by the parties involved:

• The number of residents at Tent City 4 cannot exceed 100 people.

• Tent-city organizers cannot have more than one encampment at any given time within the city.
 
• Children cannot be allowed to stay overnight at the tent city, except under urgent circumstances.

• Tent-city organizers must allow inspections of the campgrounds, without prior notice, by county health officials and Bothell's Fire and Emergency Medical Services and Community Development Department.

• Bothell police officers must be allowed to enter the tent city's common areas.

• The tent city's organizers must notify the police of anyone rejected or ejected from the camp.

The agreements reached yesterday formalize rules that have already been in effect.

On Tuesday, the court will rule on the city's requests that the church post a $1 million bond or provide proof of liability-insurance coverage in that amount, that St. Brendan provide professional security for the tent city and that the church compensate Bothell police for officers working overtime patrolling the encampment's entrance — an amount estimated to be more than $20,000 so far.

Scott will also rule on whether tent-city residents must provide verifiable identification for purposes of warrant checks or to research sex-offender status.

About 60 homeless people live in Tent City 4.

Their move to the Bothell site was marked by controversy before they arrived. Originally, King County and tent-city organizers planned to locate the homeless community on county-owned land near Bothell. Nearby residents intensely opposed that plan, and the threat of a legal challenge resulted in the St. Brendan location.

Bothell objected to that decision, saying the church needed to seek a conditional-use permit and to provide formal notice and accept public comments under the State Environmental Policy Act. The city claimed the church violated the Bothell Municipal Code by not obtaining a conditional-use permit.

St. Brendan officials said the church is engaging in constitutionally protected religious activity.

The judge denied the city's request for a cease-and-desist order on the grounds that removing the tent city would "not be the least restrictive alternative," meaning that the proposed action was more than the minimum needed to protect the public.

Young Chang: 206-748-5815 or ychang@seattletimes.com