This proposed ordinance addresses the 9th Circuit decision in Johnson v. City of Grants Pass, 50 F.4th 787, 792 n.2 (9th Cir. 2022) (quoting Martin v. City of Boise, 920 F.3d 584, 617 n.8 (9th Cir. 2019)).  The 9^th Circuit Court found that an unlawful camping statute, similar to YMC Chapter 6.91, was inconsistent with the Eighth Amendment of the United States Constitution.  Specifically, the Court held that the City could not enforce its anti-camping ordinances against homeless persons when there is no shelter bed available in the community.

(1)   These amendments do not change the practice of the Yakima Police Department.  The Yakima Police Department seeks and offers alternative housing for homeless individuals prior to enforcing YMC Chapter 6.91.

 (2)   The second change explicitly states the imposition of fines is discretionary with the court. Under State v. Blazina, 182 Wash.2d 827 (2015), non-mandatory criminal fines are always at the discretion of the court. This amendment codifies the current practice and law.

 The adoption of this amendment codifies the existing policy of the Yakima Police Department and existing case law regarding legal financial obligations.