The Washington Supreme Court has unanimously ruled that the state's constitutional right to travel does not include the right to live in a vehicle parked on public property. Advocates for the homeless slammed the ruling, which now sends the lawsuit filed by a homeless man back to the Ninth Circuit Court of Appeals for review.
The case is among the first court battles decided since the U.S. Supreme Court ruled that cities may ban people from sleeping outside. The legal battle began in 2019 when the city of Lacey passed an ordinance banning RVs and other large vehicles from parking on the street or in lots for more than four hours per day. Violations were punishable by a $35 fine and impoundment of the vehicle, according to the court decision released last week.
Potter's case will now go to the Ninth Circuit Court of Appeals, which will decide whether Lacey's ordinance runs afoul of the federal right to travel or the Fourth Amendment's protections against government seizures, The Seattle Times reported. Lacey city officials declined to comment on the ongoing case. Potter's attorney did not immediately respond to a request for comment.
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