'The Constitution matters': Sheriff refuses to enforce city's camping ban aimed at cleaning up homeless off the streets

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Homeless camp by is licensed under Canva
BURIEN, WA - In a contentious clash over homeless policy, the King County Sheriff's Office's (KCSO) refusal to enforce the tightened camping ban in Burien (near Seattle) has sparked debate and legal questions. Sheriff Patti Cole-Tindall's directive not to enforce the ordinance, citing constitutional concerns, has drawn attention. 

The refusal of King County Sheriff Patti Cole-Tindall to enforce Burien's new camping ban has highlighted differing priorities. Critics question Cole-Tindall's decision in light of her responsibilities to the community. 

Sheriff Cole-Tindall's decision not to enforce Burien's ordinance banning homeless encampments near sensitive locations has raised questions. Critics argue about the motivations behind her decision, and a debate has been sparked over the role of law enforcement in addressing social issues.

The controversy erupted when internal documents obtained by KTTH Radio host Jason Rantz revealed Cole-Tindall's directive to her deputies not to enforce the ordinance. The directive came despite the city's collaboration with KCSO on homeless outreach and services. Burien officials, including Mayor Schilling, were blindsided by the decision, leading to accusations of political betrayal.

"I do not want any of you [Deputies] to find yourself in a situation where you are asked or expected to do something that could violate legally-established rights," the sheriff wrote in an email obtained by Rantz. "I am directing you that we will not enforce this particular section of the Burien Municipal Code until the constitutionality of the public camping ordinance is resolved."

Burien officials have condemned the KCSO's refusal to enforce the camping ban as a breach of trust. Mayor Kevin Schilling accuses Cole-Tindall of prioritizing political considerations over public safety concerns. 

The tension between Burien and the Sheriff's Office escalated as the city considered establishing its own police department in response to the perceived failure of the county's law enforcement to uphold its ordinances. This move would signify a significant shift in the dynamics of law enforcement within the community.

The refusal of the King County Sheriff's Office to enforce Burien's camping ban stems from concerns over its constitutionality. Sheriff Cole-Tindall has cited unresolved legal questions as justification for her decision. However, this stance has sparked criticism and raised doubts about the validity of the city and county interlocal agreement.

The legal ambiguity surrounding the camping ban has prompted KCSO to seek judgment from federal court on the amendment's constitutionality. 

According to Jason Rantz, King County Executive Dow Constantine's influence looms large over the controversy. Constantine's support for progressive policies on homelessness and law enforcement restructuring has fueled suspicions of political maneuvering within the Sheriff's Office. 

Former King County Sheriff John Urquhart has shared his perspective on the controversy, stating in an interview with The Jason Rantz Show that voters are partly responsible for the situation. Alongside Rantz, he too believes Sheriff Cole-Tindall is aligning with County Executive Dow Constantine's interests.

"When King County voters opted for an appointed sheriff instead of an elected one, they understood or should have understood, that the Sheriff's primary authority would be accountable to the County Executive, not directly to the voters," Urquhart remarked. "The decision to refrain from enforcing a city ordinance appears to be influenced by Executive Constantine, although I lack insider information and have not reviewed the legal advice provided to Sheriff Cole-Tindall regarding the constitutionality of the matter."

Urquhart also highlighted concerns about the decision from a separation of powers standpoint. He questioned the Executive Branch's authority to determine the constitutionality of laws.

"It's highly unusual for the Executive Branch to weigh in on the constitutionality of a law. That responsibility typically falls within the purview of so-called 'constitutional sheriffs,' and such determinations are typically left to the judiciary. It's a principle known as Separation of Powers, and it exists for a reason," Urquhart remarked.

Mayor Schilling, who is 30 years old, reflected on the ongoing challenges during Dow Constantine's tenure, noting that these issues persisted for years without resolution.

"Despite efforts, King County continues to face unprecedented levels of homelessness and the highest number of overdose deaths nationwide. Additionally, taxes have risen steadily for programs that do not demonstrate effective outcomes or address underlying issues," Schilling stated. "I advocate for government accountability and emphasize individual responsibility. These issues transcend political ideologies. Homelessness, substance abuse, mental health challenges, and criminal activity affect all communities."
 
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Marshall

The so called sheriff has never been a cop and had to attend the academy after being appointed by the county executive, Dow Constantine. Dow is a completely whack progressive.

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