Everett For All

"Everett For All" Initiative Petition

To the City Council of The City of Everett:We, the undersigned registered voters of the City of Everett, Washington, petition the City Council to enact the following proposed initiative measure as an ordinance to repeal the prohibition on sitting and lying in public spaces.This ordinance would (1) repeal ordinance 13.94.010 which prohibits sitting and lying in certain public spaces, (2) establish requirements for identifying and creating safe public spaces, (3) require engagement with affected communities before enacting related regulations, and (4) establish remedies for violations of these protections.A full, true and correct copy of the proposed ordinance is included herein. If the proposed ordinance is not passed by the Council, then we request that it be submitted to a vote of the people in accordance with Article XI, Section 11.2 of the City Charter.AN ORDINANCE concerning public space access and human rights.BE IT ENACTED BY THE PEOPLE OF THE CITY OF EVERETTSection 1. Findings.A. The people of the City of Everett hereby adopt this citizen initiative addressing public space access for the purpose of ensuring that, to the extent reasonably practicable, all people have access to public spaces regardless of their housing status.B. The City of Everett is experiencing a severe shortage of affordable housing and shelter space, with hundreds of residents lacking access to stable housing.C. Laws criminalizing sitting and lying in public spaces do not address the root causes of homelessness and instead create additional barriers for people trying to exit homelessness.D. When people experiencing homelessness are displaced and cited under sit-lie ordinances, they face additional financial hardship and criminal records that make it more difficult to secure housing and employment.E. Other cities have found that focusing on housing and services, rather than criminalization, is more effective at reducing homelessness and its impacts on communities.F. Everyone deserves to exist in public spaces with dignity, regardless of their housing status.G. The current ordinance 13.94.010 imposes criminal penalties that can result in up to 90 days in jail and fines up to $500, creating devastating consequences for already vulnerable community members.Section 2.A new Chapter is added to the Everett Municipal Code as follows:NEW SECTION 1. Intent.It is the intent of the people to establish fair and humane standards for public space use by: (1) ensuring that all people have equal access to public spaces regardless of housing status; (2) requiring the city to identify and create safe spaces for people experiencing homelessness; (3) mandating community engagement before enacting regulations affecting public space access; and (4) establishing enforcement requirements that protect human rights.NEW SECTION 2. Repeal of Existing Ordinance.A. Ordinance 13.94.010, entitled "Certain Conduct Within Designated Public Rights-of-Way Prohibited," is hereby repealed in its entirety.B. Any citations, charges, or penalties issued under the repealed ordinance that have not been fully adjudicated as of the effective date of this ordinance shall be dismissed.NEW SECTION 3. Requirements for Future Regulation of Public Spaces.A. Prior to enacting any ordinance or regulation that would restrict access to public spaces or prohibit sitting, lying, sleeping or storing belongings in public spaces, the City must:Complete an analysis demonstrating that adequate housing and shelter space exists for all people experiencing homelessness in Everett;Conduct meaningful engagement with people experiencing homelessness and organizations that serve them;Identify and designate safe spaces where people can rest and store belongings without fear of citation or removal;Ensure that any restrictions are narrowly tailored to achieve specific public health and safety objectives that cannot be achieved through less restrictive means.B. Any future ordinance or regulation must include:Clear exemptions for medical emergencies, disabilities, protests, and similar protected activities;Requirements for multiple contacts and offering services before any enforcement action;Alternatives to criminal penalties;Explicit prohibitions on the destruction of personal property;Protection of civil rights and human dignity.NEW SECTION 4. Creation of Safe Public Spaces.A. Within 180 days of the effective date of this ordinance, the City shall:Identify and designate locations throughout the city where people can safely rest, shelter, and store belongings;Install basic amenities at these locations including restrooms, water sources, and waste receptacles;Ensure these spaces are accessible to people with disabilities;Post clear signage indicating these locations are designated safe spaces.The City shall maintain and regularly service these locations to ensure they remain clean, safe and accessible.NEW SECTION 5. Community Engagement Requirements.A. The City shall establish a Public Space Access Advisory Committee comprising:At least 25% membership of people who have experienced homelessness;Representatives from organizations serving people experiencing homelessness;Public health experts;Civil rights advocates;Business and neighborhood representatives.B. The Committee shall:Review and make recommendations on any proposed regulations affecting public space access;Monitor implementation of this ordinance;Advise on location and maintenance of safe public spaces;Issue annual reports on the state of public space access in Everett.NEW SECTION 6. Enforcement.A. Any person or class of persons that suffers injury as a result of a violation of this chapter may bring a civil action in a court of competent jurisdiction against the City or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorney fees and costs and such legal or equitable relief as may be appropriate to remedy the violation.B. The City Attorney shall investigate complaints of violations and may initiate legal action to ensure compliance with this chapter.C. The City shall maintain records documenting:All designated safe spaces and their conditions;Community engagement activities;Any enforcement actions taken regarding public space access;Outcomes of enforcement actions.D. These records shall be publicly available and reported to the City Council quarterly.NEW SECTION 7. Definitions.For the purposes of this chapter, the following terms shall have the following meanings:A. "Public space" means any area open to the public including but not limited to streets, sidewalks, parks, and plazas.B. "Safe space" means a designated location where people can rest, shelter, and store belongings without fear of citation or removal.C. "Community engagement" means meaningful consultation with affected populations and their advocates with opportunity for input on decisions.D. "Adequate housing" means permanent, affordable housing units available to people experiencing homelessness.Section 3. Other Legal Requirements.This measure shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater protections; and nothing in this ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law.Section 4. Constitutional Subject.For constitutional purposes, this measure's subject "concerns public space access and human rights."Section 5. Election Date.This ordinance shall take effect 30 days after certification of the election results.Section 6. Severability.The provisions of this measure are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, or the application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.