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Appeals court blocks Seattle Charter Amendment 29

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Photo by Ted S. Warren / AP
Photo by Ted S. Warren / AP

The Washington State Court of Appeals ruled that Seattle Charter Amendment 29 (CA29) should not appear on the November ballot. CA29 — the so-called "Compassion Seattle" initiative — would have changed City policy towards homeless encampments.

The September 3 ruling upheld a previous decision by a King County Superior Court.

Compassion Seattle is a coalition of real estate developers, business people, and local business-friendly politicians assembled to promote the change in policy.

Homeless advocates charged that CA29 would obligate the City to keep public spaces clear of encampments without providing reasonable alternatives for homeless residents.

A group of activist organizations, including the Transit Riders Union, Real Change, Seattle/King County Coalition on Homelessness, the ACLU, and Be:Seattle, sued to keep the measure off the ballot.

King County Superior Court Judge Catherine Shaffer�agreed with their lawsuit, ruling that CA29 would change the city charter in illegal ways that supersede state, regional, and municipal laws. Judge Shaffer found that the initiative was legally "problematic." She agreed with the plaintiffs that the measure didn't fit within the state's legal guidelines for setting homelessness policy and took away legal powers given to the Seattle City Council.

After initially saying they wouldn't appeal, Compassion Seattle leaders asked the Washington Court of Appeals to allow Seattle residents to vote on the initiative while its legality was decided.

The Court of Appeals tossed their petition without comment.

Knoll Lowney, lawyer for the coalition that sued to get the measure off the ballot, said Compassion Seattle could appeal further in the future, but they likely won't, because they know it's "illegal."

"They could try, but it's really throwing good money after bad at some point. Because they're not going to succeed in an appeal," Lowney said. "They would be better off actually devoting their million dollars toward housing the homeless."

Compassion Seattle confirmed in a statement that it would not pursue the case further. The campaign is "deeply disappointed" in the ruling, they said, adding that decisive action on homelessness can only be obtained by changing leadership at City Hall.

"Our work has elevated this issue — undoubtedly the most consequential one facing Seattleites — to the forefront of this election for both candidates and voters," the statement said.

"We cannot afford further inaction and the City's continued failed approach to this emergency. Seattle voters. You have the power to make a difference this November in who you elect as mayor, as city attorney, and to the City Council."