WA HB2489

Cities, towns, code cities, and counties are prohibited from enforcing laws that criminalize or penalize life-sustaining activities (sleeping, resting, eating, protecting oneself from elements) on public property unless adequate alternative shelter space is available at the time and location

"Adequate alternative shelter space" must be free, legally accessible, accommodate disabilities, pets, partners, family members, and possessions, require no more than one check-in per 24 hours, and be located within the jurisdiction's territorial limits

Persons cited or charged in violation of these protections may raise the lack of available shelter as a defense, and courts must dismiss such actions upon a showing of probable cause for this defense

Individuals and organizations may bring actions for injunctive or declaratory relief to challenge enforcement of local laws violating these protections, with prevailing plaintiffs entitled to reasonable attorneys' fees and costs

The bill does not create a right to shelter or a private right of action for monetary damages; it applies retroactively to existing local laws but prospectively in all other respects