The Washington Supreme Court on Wednesday unanimously dismissed a challenge to a Lacey law targeting homeless people living in recreational vehicles.
The plaintiff in the case, Jack Potter, left the Lacey City Hall parking lot in 2019 under threat of impound after the city passed an ordinance that prohibited RVs and other large vehicles from parking on city streets or parking lots for more than four hours. He relocated his trailer to Olympia.
The decision comes days after the U.S. Supreme Court ruled 6-3 that cities may ban homeless people from sleeping outdoors even if they do not first offer shelter. Cities have already begun proposing stricter anti-camping laws in the days since the ruling.
Attorneys for the Northwest Justice Project, the ACLU and the National Homelessness Law Center portrayed the Thurston County suburb’s law as part of a wave of anti-homeless ordinances seeking to “banish” homeless people from the city.
A federal district court judge sided with the city of Lacey in 2021. Potter then appealed to the U.S. Ninth Circuit Court of Appeals, which asked the Washington Supreme Court to decide.
The Washington court’s ruling in the RV case concerned narrower legal questions than the Grants Pass homeless camping decision.
Potter’s challenge invoked a “right to travel” under the Washington Constitution, which he argued included a right to remain in place. Lawyers for the city defended the law as being within the city’s legal authority to regulate parking and said it applies equally to everyone.
The justices found Potter’s argument unpersuasive, writing that the right to travel does not confer a right to reside in a particular manner and does not protect “his preferred method of residing in Lacey: by siting his 23-foot trailer on a public street in violation of generally applicable parking ordinances.”