Bill would require ‘objective reasonableness’ for local anti-camping laws; cities warn of litigation exposure

House Bill 1380 would require that city and county laws regulating sitting, lying, sleeping or keeping warm and dry in public spaces be objectively reasonable with respect to time, place and manner, taking into account the totality of the circumstances and the law’s impact on people experiencing homelessness. The bill would allow a person to sue for injunctive or declaratory relief; courts could award attorney fees to prevailing plaintiffs under defined circumstances. The measure does not create a private right to monetary damages, and it would apply retroactively to local laws and causes of action that arise on or after the bill’s effective date. The bill contains an emergency clause and would take effect immediately if enacted.

Representative Gregersen, the bill’s sponsor, framed the proposal as a middle-ground approach that preserves local authority to regulate…