Page 14 - Pierce County Lawyer - January February 2025

Tacoma may have long-range plans for affordable housing,
but immediate solutions for the homeless are needed.
Tacoma needs solutions for water stations, garbage bins, and
public restrooms. The boulders that now line our streets are
reminders of our lack of creativity and hospitality in addressing
the problems of the unhoused.
My grandmother knew that when people needed food, you
feed them. Tacoma, unfortunately, has attempted to sweep
the problem of homelessness out of sight; it has failed to
provide the basic human right of shelter to those in need. The
state should enact a law finding that municipalities have an
obligation to provide shelter to homeless and sanction cities
for not providing this basic human necessity. If cities will not
voluntarily provide shelter, then laws should be enacted to hold
cities accountable. Removing the homeless from sight is not
and never has been a solution – instead it’s an embarrassment.
Shelters must be built – or unused buildings converted – and
basic public accommodations made available to those who
choose not to move into shelters.
Tacoma's Anti-Displacement Strategy Report notes:
The City of Tacoma recognizes that the only path to
addressing the issues outlined in this strategy are through
deep partnership and collaboration, especially with the
organizations who are closest to the priority populations that
we aim to serve. One of the more important relationships we
have identified are people who have lived experiences.
Since the city intends to achieve its aims with tax dollars and
the participation of landlords and developers these groups
should be included in the planning stages. Legislation that does
not have the input of all stakeholders often fails to address the
needs of the ones left out. The Landlord/Tenant Code has not
created a single new dwelling.
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Christ said we would always have the poor with us, but he
did not say they should not have shelter. Tacoma’s Anti-
Displacement Strategy is a grand thing on paper, but what is
needed now are shelter and services for the homeless. Calvin
and the people of Geneva saw a need and they did something
about it. There is no record of Geneva having a great strategy
before something was needed to be done. Seneca wrote, “it
is not because things are difficult that we did not dare, it is
because we do not dare that things are difficult.” Tacoma needs
to build or rent shelters for the homeless now, not continue to
deposit rocks on city greenways as a solution.
In Grants Pass v. Johnson, the Supreme Court ruled in a 6–3
decision that fining and arresting homeless people does not
violate constitutional protections against cruel and unusual
punishment under the Eighth Amendment. Lakewood is
one of several cities in Washington to enact stricter laws
prohibiting homeless camping after that decision. The Supreme
Court has told municipalities what they can get away with but
not what they should do. Homelessness is a state-wide issue.
The Washington Legislature should order all municipalities to
provide shelter and blankets and apparel to those in tents who
do not qualify for shelters or who will not come in from the
cold.
Tacoma needs to be compelled to shelter
all of the homeless, not just some of them.
The City Council may say that it is unfair to hold them
accountable for things beyond their control. To them I say
“you started it.”
John Cain has been in
practice since 1986. He serves
on the Pierce County Lawyer
Magazine Committee and is a
former editor. He also served
as a TPCBA Trustee for two
years from 2018-2020.