SPOKANE – The Washington Supreme Court overturned Spokane’s Proposition 1 anti-camping initiative on the grounds that it exceeded the proper scope of local initiative power by addressing administrative rather than legislative matters.   

Spokane voters approved Prop 1 in November 2023, which functionally banned homeless encampments from most of the city. Jewels Helping Hands, a local nonprofit, and Spokane Low Income Housing Consortium sued the Spokane attorney who filed the initiative.  

While this ruling is specific to the procedural aspects of local ballot initiatives, it underscores the importance of ensuring that all governmental actions — whether by elected officials or through direct democracy — adhere to all legal requirements. 

This decision does not directly impact the legality of other anti-camping ordinances across Washington state. It simply affirms that voter initiatives cannot be used to implement administrative policies; such matters must be addressed through appropriate legislative processes.   

The ACLU of Washington continues to challenge Spokane's anti-camping and sit-and-lie ordinances in a separate lawsuit, Currie et al. v. City of Spokane, asserting that these laws violate Article I, Sections 3 and 14 of the Washington State Constitution, which provide due process protections and prohibit cruel punishment. Our position remains that criminalizing individuals for engaging in life-sustaining activities, such as sleeping or resting in public spaces when no adequate shelter is available, constitutes cruel punishment and is therefore unconstitutional. 

La Rond Baker, legal director for the ACLU of Washington, had this reaction:  

“The ACLU of Washington remains committed to advocating for the rights and dignity of all individuals, including those experiencing homelessness. We urge local governments to focus on compassionate and effective solutions, such as increasing access to affordable housing and supportive services, rather than resorting to punitive measures that exacerbate the challenges faced by our unhoused neighbors.”