Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A class action lawsuit filed against the City of Seattle and the Washington State Department of Transportation alleges that city and state employees conduct “sweeps” of outside areas, illegally “seizing and destroying the property of people who are living outside without adequate and effective notice, an opportunity to be heard, or a meaningful way to reclaim any property that was not destroyed.”
The Seattle homeless sweeps class action lawsuit states that almost 3,000 people were living outside in Seattle in January 2016. Of these, only about 900 had vehicles to sleep in, “leaving roughly 2,000 Seattle residents with no shelter but what they could build for themselves or find in the form of existing structures, such as under roadways,” according to the complaint.
The class action alleges that Seattle conducted at least 1,000 “sweeps” in the past two years, intentionally taking and destroying the personal belongings of the homeless, such as clothing, tents, medication, identification documents, and heirlooms. Sometimes equipment such as backhoes are used to clear out areas where the homeless live.
The complaint asserts that the effects of these sweeps are “devastating,” that they put people already struggling to survive at greater risk, and that it’s “more difficult for people living outside to break out of the cycle of homelessness.”
The class action asserts that insufficient notice and legal due process is provided to these people before their property is taken and destroyed, in violation of the U.S. Constitution and the Constitution of the State of Washington.
The complaint notes that sometimes a piece of paper is posted on a single tree, which states that a certain area will be swept. However, the complaint points out that these notices often do not provide an exact date or time, or even if they do, the actual sweep occurs at a different time or location.
Plaintiff Lisa Hooper states that she and her partner live outside in the City of Seattle, on a hill near the interstate. She says that they have lived there for almost two years, and likely will continue to do so.
Hooper claims that she has been the target of multiple sweeps of this area, and she is forced to “scramble to pack up” and decide which belongs to take, and which to leave. Hooper declares that she has lost numerous possessions from these sweeps, including her only photograph of her three daughters, important legal paperwork, and a family Bible.
Similarly, plaintiff Brandie Osborne states that she is homeless in Seattle, and has also lost several personal items from sweeps.
These plaintiffs “live in constant fear that their few remaining possessions will be seized by Defendants, who have publicly committed to continuing [these sweeps],” the class action claims.
The lawsuit is also brought by the Diocese of Olympia, a part of the Washington Episcopal Church, and Real Change, an organization that provides “opportunity and a voice for low-income and unhoused people.”
The homeless sweeps lawsuit requests certification of a Class of “[a]ll unhoused persons who live outside within the City of Seattle, Washington and who keep their belongings on public property.” The class action seeks an injunction stopping the defendants from conducting these sweeps.
The plaintiffs are represented by Emily Chiang, Nancy Talner and Breanne Schuster of the American Civil Liberties Union of Washington Foundation, and Todd T. Williams of Corr Cronin Michelson Baumgardner Fogg & Moore LLP.
The Seattle Homeless Sweeps Class Action Lawsuit is Lisa Hooper, et al. v. City of Seattle, et al., Case No. 2:17-cv-00077, in the U.S. District Court for the Western District of Washington at Seattle.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
6 thoughts onSeattle Class Action Alleges Unconstitutional Homeless Sweeps
We have a homeless problem in San Jose, CA too. People sleeping temporarily in places seems unavoidable. But when semi-permanent encampments begin, they stay around. Sanitation is ignored, as trash and human waste accumulates. Crime goes up, home values go down. Our neighborhood has had break-ins and thefts double since a nearby encampment popped up. I watched a homeless person set up tent in the middle of a walkway in our central downtown park, where a children’s playground is adjacent. It grew and grew into what looked like a landfill mound over the course of 3 months, before the city was finally able to have them removed. Honestly, I don’t see what’s wrong with the city clearing out homeless encampments, with or without notice. With notice, the people will just remove their stuff on the day of the sweep, and then bring it back again afterwards. That happens around here too. Flat and simple: it is illegal to claim public property as your own. What the homeless should prompt the city to do is to increase homeless shelters, or find a better solution to the housing problem, instead of wasting city money on this frivolous lawsuit — money that can go towards actually solving the problem.
I agree. It’s sad these people are struggling, but there are places that offer help, even though it may take time, or being put on lists. (I am disabled, and had to wait almost four years for a low income voucher). But because you are struggling doesn’t give anyone the right to claim public property as their place to live, and leave their things there. No one has the right to do that, regardless of circumstances. If you know you’re not supposed to be leaving things there, you shouldn’t expect that you’d be warned that things will be removed, and if they are when you’re not present, that it’s anyone’s fault but your own for leaving it there in the first place. Especially in taking the risk in leaving things that are important to you. (I’m not going to argue about whether there is enough help, etc, as I agree on that – but that has nothing to do with the legality of living/leaving things on public property, and expecting it to just be left there when you leave it. And you *have* to KNOW it’s wrong, not allowed, and illegal – and that whether they post or notify that it will be removed [which they shouldn’t even have to do – it should be a courtesy, not a requirement], you DO know there is the risk of it being removed.) There is a need for more places to be available for the homeless to live permanently, and in the meantime, designated property areas that are available, safer than the streets, and where they can leave their things without worry of sweepings. But for those who refuse to live in those areas (like a family member of mine who refused all help, insisted they were fine, and also felt they had the right to stay anywhere they felt like), it doesn’t mean you’re allowed to break the law, and expect any different outcomes or consequences than the rest of society. All said IMHO, obviously.
Without Shelter People DIE
Think about what you are saying these are people who are dependent upon help to survive. I hope that you can find it in your heart to reconsider.
Ignorant, the only thing is its not right regardless. My family is homeless if we had some where we’d be there . we’re just trying to live . and give us time to leave with our belongings .
If it is on public property then their stuff should not be there. I hope the judge has sense enough to dismiss this ignorant claim.