PORT TOWNSEND — A Jefferson County Superior Court judge has denied a requested temporary restraining order and preliminary injunction against the city of Port Townsend, intended to prevent the removal of a homeless encampment.
Therefore, the city plans to stick to its plan of cleaning up the site on Monday, Public Works Director Steve King said following Friday’s hearing.
City officials planned to post 72-hour notices Friday and 24-hour notices on Sunday, he said.
The encampment, referred to in court documents as the Evans Vista encampment, is located behind Port Townsend’s Department of Social Health Services building, 2507 Evans Vista.
The temporary restraining order and preliminary injunction, filed by Michelle Goodwin on Oct. 23, was denied by Judge Brandon Mack, who said he was regretful in his ruling but he could not find a legal basis to grant the order.
Goodwin, a resident of the encampment, represented herself.
She argued that removal of the encampment would cause irreparable harm.
The situation would spiral, it would lead to worse health conditions and people could die, she said.
She argued that the city would not be in compliance with House Bill 1220, which amended the state Growth Management Act (GMA) in 2021, requiring municipalities to plan for and prioritize housing for people in all economic rungs, including those experiencing homelessness.
The city was represented by attorney Joanna Eide, who argued that staying in the encampment would cause residents irreparable harm and that Goodwin’s case did not show sufficient merit to grant a temporary restraining order (TRO).
Eide argued that a TRO would prevent the city from performing required maintenance on a main water valve located under the encampment, scheduled for Thursday. Eide said while the city is not a service provider, it is a water provider.
Mack said the question before the court was whether or not the city was in compliance with the GMA.
“What I don’t see is whether those statutes require the city to continue the encampment,” he said.
While he did not grant the TRO or the injunction, Mack said the city’s timeline was short.
“Your client thinks 45 days is sufficient to find housing in Port Townsend?” Mack asked Eide.
During the hearing, Goodwin said she learned about the removal in mid-September through an article in a local newspaper.
Mack, who told Goodwin she could file more motions on the matter moving forward, admonished the city, saying they could have done a better job of notifying the residents.
Eide said the city notified service providers earlier in September and that the amount of notice that was provided was not legally required.
Should the city go through with its scheduled plans, the complaint asserted, it would cause immediate and irreparable harm to residents who would lose their shelter and basic sanitation, face increased risk of criminalization, and lose property such as tents and sleeping bags.
Eide said the city will gather and secure property.
Further, the complaint continued, residents would face increased exposure to the elements without heat, sanitation or safety. Efforts to place residents into stable housing would be disrupted, and residents likely could spread communicable diseases.
Such harms could lead to physical harm, illness, arrest or even death, the complaint said.
Goodwin said she was surprised by the ruling and that compassion did not prevail in the court.
Goodwin, in her 60s, said she is one of the younger residents of the encampment, some of whom use walkers or are in wheelchairs.
King said six people were currently residing at the encampment. About 30 residents lived there when the announcement was made in September.
Police will be on site Monday, but King said he does not expect they will need to trespass anyone and would hope to place remaining people in housing.
“Nobody wants to be arrested,” Goodwin said after the hearing. “But we really need to bring awareness and education to the housing situation. Unhoused people are human.”
King said a Bayside Housing and Services submitted permit, referenced by Eide in the hearing, was either approved or being approved by the city on Friday afternoon. It would be at Pat’s Place and expand the property’s capacity by at least four tent spots, he said.
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Reporter Elijah Sussman can be reached by email at elijah.sussman@peninsuladailynews.com.
