MOSES LAKE, Wash. — Moses Lake Police Department officials are citing an Idaho court ruling in allowing the homeless population to sleep in city parks and on sidewalks.
Police department officials said they have received comments from citizens concerned about the homeless sleeping in city parks. Many have commented about a large camp set up in the city and safety concerns it poses for pedestrians and children.
Officials said the City of Moses Lake had an ordinance prohibiting camping in city parks and created a curfew in 2017 between the hours of 10 p.m. and 6 a.m. The police department began enforcing that ordinance before a recent court ruling.
In early September, the 9th U.S. Circuit Court of Appeals ruled in Martin vs. City of Boise that a city cannot criminalize camping or sleeping in open public spaces – or on sidewalks – if the city does not provide shelter for the homeless. The City of Moses Lake does not currently provide shelter for the homeless.
When the Boise lawsuit was filed, attorneys for six homeless residents said as many as 4,500 people didn't have a place to sleep in Idaho's capital city and homeless shelters only had about 700 available beds or mats. The case bounced back and forth in the courts for years and Boise modified its rules in 2014 to say homeless people couldn't be prosecuted for sleeping outside when shelters were full.
The three-judge panel for the 9th Circuit found that the shelter rules meant homeless people would still be at risk of prosecution even on days when beds were open. The judges also said the religious programming woven into some shelter programs was a problem.
"A city cannot, via the threat of prosecution, coerce an individual to attend religion-based treatment programs consistently with the Establishment Clause of the First Amendment," Judge Marsha Berzon wrote.
Officials said officers in Moses Lake have seen a spike in homeless camps in city parks due to the court decision. The Moses Lake Police Chief said there are about 50 to 60 homeless people in the city. He said that before, there were no people sleeping in the park. Now, they have seen 10 to 12 people sleeping in downtown Moses Lake parks.
“We understand the frustration of our citizens, however, at this time we are unable to act due to the decision. We will continue to handle any criminal issues that arise, such as littering, public urination, vandalism or any other criminal acts. I would encourage everyone to contact the police department if you witness any criminal activity,” the police department wrote on Facebook.
The City of Moses Lake is looking at options to stay in compliance with the court’s decision while keeping parks safe, officials said.
