20 an 22 23 26 27 28 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING SAVE BITTER LAKE BTK8, an unincorporated association; AND DOES 1- 50, COMPLAINT FOR VIOLATION OF STATUTES; DAMAGES; DECLARATORY RELIEF AND INJUNCTIVE RELIEF Plaintiffs, vs. ) ) ) ) ) ) ) } SEATTLE SCHOOL DISTRICT NO. 1, ) KING COUNTY, STATE OF ) WASHINGTON: LIZA RANKIN, ) individually, LISA RIVERA-SMITH, ) individually, CHANDRA N. HAMPSON, individually, ERIN DURY, individually ) ZACHARY DEWOLEF, individually ) LESLIE S. HARRIS, individually ) BRANDON K. HERSEY, individually ) AND ROES 1 ~ 10, } ) ) ) Defendants COMPLAINT = -1- Law Offic of Jonathan C. Stevens, PC TOL 5" Avenue, Suit 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 THE BROADVIEW THOMPSON K1-8 HOMELESS CAMP CONTROVERSY Ld Since July 2020, Seattle Public Schools (“SPS”) and its board of directors (collectively “Defendants”) have placed priority on the region’s homeless challenge and unlawfully sponsored a homeless camp on SPS property. Defendants have done so at the expense of the Broadview Thompson K1-8 Elementary School (“BTK8”) students, their parents and the surrounding community. Championed by the socio-political viewpoints of individual directors Chandra Hampson and Zachary DeWolf, with the complicity of the remaining directors, Defendants have focused resources and ad hoc policy on the comfort and accommodation of an illegal encampment to the detriment of its statutory duties as a school district, educators and neighbors. 1.2 Defendants’ zealous, political mantra has been echoed by national and legal media for over 18 months: “We demand that sweeps NEVER be allowed on school grounds, adjacent or elsewhere in this City.” This political chant may resonate with certain homeless advocates, but it ignores SPS" specific statutory purpose to focus upon, advance and safeguard elementary school children. On August 26, 2021, SPS Assistant Superintendent, Rob Gannon coldly admitted to BTK8 parents and neighbors SPS* single-minded and misplaced priority: “Broadview is not my priority, all schools are important, but we are treating the homeless situation as a priority...." (emphasis added) SPS is not legislatively or administratively charged with or empowered to undertake regional homeless issues. Instead, SPS is solely created and enabled to advance, administer and meet its educational directives. 1.3. Article IX Section 2 of the Washington State Constitution provides that “[t]he entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools. SPS’ legal powers, duties and responsibilities are derived from this specific constitutional mandate, state statutes and regulations, and its own written policies. SPS is creature of statute and can exercise only such powers as the legislature COMPLAINT Law Offic of Jonathan C Stevens, PC TOL 5" Avenue, Suit 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 has granted in express words, or is incident to powers expressly granted. SPS is not a public health, housing or general welfare agency. SPS is required to govern itself within RCW 28A, applicable Washington Administrative Codes and its own adopted, written policies. 1.4 This case is about Defendants overstepping their authority based on political whim, disregarding the safety of their students and sponsoring a hazardous public nuisance, all at the expense of SPS students, their parents and neighbors, SPS invited needle exchanges in support of open drug ‘usage on school property and within sight of their students. Defendants’ actions tolerate drug deals and discarded needles on school property. Defendants have condoned drug overdoses of encampment occupants, including a woman who died of a drug overdose in February 2021 and lay in the adjacent street next to the SPS Encampment, SPS boldly and culpably has supported drug commerce on its property while forbidding such behaviors from all others and ignoring its own adopted “zero tolerance,” drug policy The Board declares that the following behaviors for all staff, students, vendors, volunteers and visitors are prohibited: Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, in any amount or in any manner on district property or a district workplace at any time or when involved in a school district activity on or off school district property. (emphasis added) Seattle Public Schools Policy 5201 Dru ‘hols, Community & Workpla 1.5 Defendants have deliberately used public land, which is dedicated solely for educational purposes, as an illegal encampment and haven for illegal drug activity, violence, criminal activity, sex ‘rade, filth and rat infestation. Defendants have done so flaunting statutory and SPS policy constraints prohibiting the use of its public property in this manner. The SPS Encampmentt is a public nuisance and denigrates BTKS and the Bitter Lake community. SPS failed to openly involve the community with its decision to support the encampment and dedicate scarce educational resources to Encampment inhabitants. Defendants secretly approved the illegal use of its property without notice, hearing or official action, They ignored the environmental impact of illegal camping, human waste, refuse, fires and dumping refuse and debris into Bitter Lake. The sponsorship of the Encampment is ultra vires and COMPLAINT Law Offic of Jonathan C Stevens, PC TOL 5" Avenue, Suit 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 must be enjoined before a student, parent, teacher or neighbor is seriously harmed and to end Defendants’ illegal and injurious behavior. 1.6 — More notably, SPS’ refusal to eliminate the hazards at its encampment has a disparate impact on the students of color and immigrant population at BTK8. BTK8’s minority enrollment is 68% - 71% of the student body (majority Hispanic and Black), which is significantly higher than the Washington state average of 46% (majority Hispanic and Asian), Moreover, immigrant families’ children from all over the world attend BTK8 in one of the highest, if not the highest, percentages in the district. 1.7 BYK8 is the only school in the district where SPS tolerates, sponsors and supports an illegal encampment, There are no illegal homeless encampments at Lawton, Catherine Blaine Elementary Schools in Magnolia or other schools adjoining playfields and parks. SPS has not sponsored, dedicated resources or prevented Seattle Police from removing trespassers from other school properties or adjoining parks. In fact, SPS supported and requested the removal of homeless and an adjoining homeless encampment at Meany Middle School. At BTK, SPS’ approach is the opposite, favoring the welfare and safety of the homeless over that of its students, the majority of which are student of ‘olor and immigrant national origins. The SPS Encampment illustrates Defendants’ intentional or, at a minimum, disparate treatment of BTK8’s students from those at SPS schools with greater percentages of white students and non-immigrant populations. 1.8 Seattle media has well-documented Defendants’ open support of the Encampment. SPS has required students, parents and neighbors to tolerate the public nuisance and hazards related to the Encampment and await its removal. But SPS made no effort to remove its Encampment and return focus and resources onto education. Only recently, after gunshots were heard and spent shell casings found along the school’s playground fencing, have Defendants made an effort to ask that some of its illegal inhabitants voluntarily relocate. However, many trespassers remain, and SPS has no plans to prevent others from locating onto its property. Moreover, the SPS encampment remains filthy, continues to be hazardous and the once pristine lake environment is now significantly degraded. 1.9 — More recent allegations have arisen regarding Defendants’ misguided and bungling promotion of the SPS Encampment. SPS now has knowledge that its selected Encampment Manager, COMPLAINT Law Offic of Jonathan C Stevens, PC TOL 5" Avenue, Suit 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 Michael Mathias, has been accused of pressuring women at the SPS Encampment camp to “hit” or ‘slam’ him with meth.” Some have accused Mathias of using his non-profit, Anything Helps, funds to purchase meth for himself and using large cash amounts being spent to buy drugs for specific individuals in camp. According to deputy school superintendent Rob Gannon, Mathias received a total of about $20,000 from the district, in the form of two direct payments to Anything Helps. Gannon said he had read the email containing the allegations against Mathias, and that the district was “in the process of evaluating” them. 1.10 SPS Students have taken a back seat the SPS Encampment for well over a year and a half, and SPS continues to refuse to affirmatively remove the encampment or prevent its inherent illegal activities. SPS selected Mathias and his non-profit Anything Helps as its Encampment manager and delegated the oversight of the Encampment to him. This latest calamity has spurred the City of Seattle and regional housing authorities to render some assistance in relocating SPS trespassers. Seattle media and print has increasingly questioned the motivations and policies (or lack thereof) concerning and the SPS Encampment, However, Defendants continue (o refuse to take action themselves and affirmatively remove the Encampment in its entirety to prevent its resurgence. 1.11 SPS" bizarre, incongruent actions are only explained by its directors’ prioritization of their personal socio-political views above their students and community's needs. SPS has positioned its regional homeless agenda ahead of its statutory duties to dedicate itself to student safety, education, programming, budgeting and the sound management and use of its property. SPS has diverted desperately needed educational monies and human resources away from students’ education and safety, and onto the comfort and accommodation of regional homeless. Defendants have illegally delegated authority to manage its property and Encampment to an unqualified, unvetted on-site manager. 1.12. The Encampment has damaged BTK8 students, their parents and neighbors and continues to expose them to on an ongoing and unpredictable barrage of illegal activities, violence, ‘weapons, threats, drug usage, drug overdose deaths and prostitution. Some homeless have voluntarily relocated to publicly provided housing, but trespassers who do not desire to leave, cannot because of criminal records or are determined to continue chemical dependencies remain. More significantly, SPS COMPLAINT Law Offic of Jonathan C Stevens, PC TOL 5" Avenue, Suit 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 continues to refuse to remove those who refuse to leave and has done nothing to prevent newcomers from taking up residence on site, Without this lawsuit, the region’s homeless will continue to accept SPS’ invitation, accommodation and comfort offered at its Encampment. As has occurred over the last 18 plus months, homeless will take up residence, continue illegal activities until BTK8 redresses the situation and the courts require compliance with state laws. 1.13. This action is necessary to stop Defendants from ongoing violations of law, require SPS and its directors to comply with applicable statutes and eliminate the ongoing public nuisance and criminal activity associated with the Encampment. 1.14 As set forth below, SPS has intentionally, knowingly and recklessly sanctioned and promoted its Encampment, SPS’ support of the Encampment is illegal, a public nuisance, discriminatory, reckless towards students and misdirects educational resources to ultra vires activities. Such actions have been accomplished and condoned through political “backroom” decision making in violation of open meeting laws and without requisite notice, hearings, rational consideration or factual or policy support. T PARTIES 2.1 Defendant Seattle School District No. 1, King County, State of Washington (“SPS”) is classified as a first: class district and is governed in accordance with Title 28A of the Revised Code of Washington (“RCW”) as generally applicable to first-class districts and their board of directors. 2.2 Defendants Liza Rankin, Lisa Rivera-Smith, Chandra N. Hampson, Erin Dury, Zachary DeWolf, Leslie S. Harris and Brandon K. Hersey were, at all times relevant, elected directors of SPS. Their personally motivated actions violated established statutory or constitutional rights of which a reasonable person would have known. Their actions and inactions, individually and collectively, are ultra vires and therefore not protected by qualified immunity. Moreover, the unlawfulness of their actions continues, and they remain personally liable. 2.3. SPS and the individual defendants are sometimes interchangeably referred to as “Defendants” or “SPS.” Plaintiff is informed and believes that the individual defendants were aware of and knowingly agreed or acquiesced to each of the allegations set forth herein. COMPLAINT -6- Law Offic of Jonathan C. Stevens, PC TOL 5" Avenue, Suit 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 23 Plaintiff, Save Bitter Lake BTK8 “Save BTK8” is an unincorporated association of Bitter Lake residents and parents of school children attending or who attended BTK8 during the relevant times alleged herein. Due to Defendants’ wrongful conduct, Save BTK8 members have suffered adverse consequences and damages from the homeless encampment (“Encampment”) located on SPS property adjacent to the school’s playground and lakeside entrance. 24 Plaintiffs identified as Does 1 - 50 are individuals whose children spent time at BTK8 or Bitter Lake community members who have suffered adverse consequences and/or damages due to Defendants’ actions and/or omissions, as discovery may reveal, and are unknown at this time. Hl. JURISDICTION AND VENU 3.1 This Court has subject matter jurisdiction because this is an action seeking equitable and legal relief under the laws of the State of Washington 3.2 Venue is properly placed in King County, Washington, because Defendants are located and conduct operations in King County, Defendants SPS has the real property at issue and where the alleged acts of Defendants were committed. 3.3. Save BTK8 complied with the statutory claim notice requirements and waiting periods for its claim against SPS. Vv. FACTS ABOUNT THE SPS ENCAMPMENT 4.1 The SPS Encampment is located on SPS property adjoining the school’s playground fence line and Bitter Lake Playfield side entrance, Despite posted signs prohibiting camping, ‘respassers began setting up tents and other living arrangements in July 2020. Initially, there were a handful of tents. However, the picturesque, lake view and park setting, and SPS* tolerance of the intruders attracted more homeless. By the beginning of the 2021 school year, the Encampment had grown to an estimated 80 tents and 100 occupants. 4.2 The Encampment and its occupants regularly exposes BTK8 students and neighbors to on-site sex workers, intense arguments, foul language, and alcohol or drug induced violence. Weapons have been openly displayed on the property, including a throwing hatchet and sword. Save BTK8 has COMPLAINT Law Offic of Jonathan C Stevens, PC TOL 5" Avenue, Suit 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 continuously directed several egregious facts to SPS” and its directors’ attention: 1) sex offenders were living in the encampment, SPS does not have a process to determine whether new offenders reside at its Encampment because residents must self-identify, and many do not carry any form of identification; (2) felons lived or continue to live on-site; (3) drug dealers frequently conduct sales at the Encampment or immediately adjoining the site; (4) a drug dealers have brandished a gun and threatened to kill a neighbor who observed the drug transaction at the Encampment; (5) there have been several drug overdoses and a death; and (6) sex workers have been observed at the Encampment during the day and at night. 43. There have been over 500 calls to the police regarding encampment activity since its inception through November 2021, Seattle Police responded to a SAVE BTK8 member's public records request that given the vast number of police reports at the Encampment it would take years for the police department to respond to him with the redacted incident reports. 44 The Encampment contains piles of trash infested with rats. Discarded needles are regularly seen along the playground fence, entryway to the school and in the lake. 4.5 The Encampment occupants build fires, use combustible fuel for heating or fire starting. 4.6 — In July 2021, SPS hired an on-site camp manager, Michael Mathias, through his one- person Anything Helps non-profit, to assist Encampment occupants in receiving public assistance and seeking volunteers for relocation, Mr. Mathias describes himself as an advocate for the homeless. Mr. Mathias is not equipped or capable of removing Encampment occupants or protecting the Bitter Lake community from camp wrongdoers. At most, Mr. Mathias can seek volunteers to be relocated to various homeless accommodations. Mr. Mathias” primary role is to provide aid to the illegal trespassers at the Encampment. 47 SPS has illegally delegated the management of its property to Mathias without proper vetting or open public process. 4.8 SPS has failed to address the illegal occupation and activity on its property. SPS has effectively given an open invitation to the region’s homeless steadily increased the number of illegal occupants on school property, or at best continually replacing any departing occupant with a new one. COMPLAINT Law Offic of Jonathan C Stevens, PC TOL 5" Avenue, Suit 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 49. On August 26, 2021, SPS Assistant Superintendent Rob Gannon reported SPS had relocated 38 campers (over the preceding 6-7 weeks) but concurrently invited 39 new trespassers to take up residence resulting in an additional occupant. Growth of the Encampment has accelerated because of SPS’ support. At that time, SPS” the on-site Encampment manager estimated that since he started in July 2021, the encampment has grown from 52 residents to 66. 4.10 SPS has devoted resources to accommodate illegal campers in place of educational investment in their students. Mathias has been paid at least $20,000 to date, fencing and gates have been erected and two private security guards have been hired to watch the school entrances for 10 hours every day for an unknown cost. SPS hired the WDC Safety Team to provide a two-person de- escalation teams at the Encampment at the cost of approximately $23,000 a month, The WDC Safety Team is affiliated with the Public Defender’s Office to protect homeless from violent encounters with the police, again a dedication of resources preferring Encampment occupants of student needs. 4.11 Inthe meantime, SPS staff, security and parents must escort and watch student enter the school grounds immediately adjacent to the Encampment. Save BTK8 members and their children avoid public areas around the SPS Encampment throughout the day and evening 4.12 In a tragically antithetical outcome, SPS’ unlawful dedication to the growth of its Encampment has come at the expense of losing 100 students whose parents refuse to expose their children to rampant, visible illegal activities and risk of harm. This is the direct educational impacts of SPS" illegal actions 4.13 Save BTKS counted 55 tents on the first day of the 2021-22 school year. The number of tents fluctuates as homeless come and go. Save BTK8 estimates that there have been up to 80 tents, likely with at least one occupant in each tent. Although some occupants have relocated, many remain and others can access the Encampment, 4.14 SPS and its directors have spurmed student and neighborhood safety to advance their political agenda, They have done so with conscious disregard of known risks of violence related to homeless encampments generally and the SPS Encampment specifically. SPS and each director have notice of the unpredictability of violence related to homeless encampments throughout Seattle and on its own property. COMPLAINT Law Offic of Jonathan C Stevens, PC TOL 5" Avenue, Suit 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 4.15 SPS has acknowledged the inherent danger of an encampment on its property less than stone’s throw from its students. SPS Superintendent Denise Juneau has stated: “We realize that people living unsheltered in encampments can create health and safety hazards for their encampments and the general public.” 4.16 SPS is recklessly betting that nothing will happen to a student or parent in some drug induced or mentally unstable fit of rage or aberrant behavior. It does so despite a record of drug overdoses, fights and weapons on its Encampment. In April 2021, at lpm during school, Seattle Police were summoned via 911 to BTK8 when its security officer saw a person with what appeared to be a firearm on near the chain link fence where students play during recess. Young daycare children were also outside at the time. The children were required to move inside and shelter in place. The suspect was observed going into one of the SPS Encampment tents. Seattle Police officers arrived on campus just after 2 pm and stayed until all students were dismissed out of our front doorways. Seattle Police later found the person and the weapon, which fortunately was a pellet gun, yet still a weapon potentially dangerous to SPS young students, 4.17 On November 10, 2021, gunfire was heard at the perimeter of BTK8. Empty shell casings were found at the fence line of the school playground on the Encampment side. In another incident at the SPS Encampment, a resident swung a crowbar at another resident accused of stealing his dollar. 4.18 Defendants havi joped” the danager will always be a pellet gun, or intra-Encampment violence, or gunfire and not gunshots at students, parents, teachers or neighbors. SPS is on notice but has ignored obvious risks, recklessly gambling that no child, parent, teacher or neighbor will ever confront a gun, sword, axe, knife or crowbar, or that its unarmed security will intervene or that Seattle Police will arrive ahead of any harm, However, the reality of the situation is that SPS is willing to knowingly gamble with student safety. 4.19 Most recently, SPS has received some assistance relocating its Encampment residents to other publicly-funded encampments. Save BTK8 is informed and believed that while this has reduced the current number of Encampment occupants, the reduetion is temporary. SPS has no intention or current means to prevent additional trespassers from taking up residence at its Encampment. SPS COMPLAINT = -10- Law Office of Jonathan C. Stevens, PC TOL 5" Avenue, Suite 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 continues to refuse to immediately and permanently remove its Encampment and is entirely reliant on voluntary relocations by its residents. Save BTK8 is informed that additional homeless have already arrived at the Encampment. 4,20. The unsavory and emotionally damaging impact on BTKS students is so apparent to SPS that it feebly attempted to screen the Encampment’s daily unsavory theater of illegal drug, sex and violent encounters with tarps along the playground’s perimeter fencing. However, what SPS Directors Chandra Hampson and Zachary DeWolf have duplicitously described as a “teachable moment,” a is a blatant abrogation of their educational duties to the students and parents of BTK8 and a continuing harm to BTKS students 4.21 The SPS sponsored Encampment houses, whether 80 tents and residents or 20 tents and residents, is an unauthorized, illegal and hazardous condition housing unpredictable individuals and constituting ongoing harm and risk to Save BTK8 members, BTKS students and the surrounding area, v. FIRST CAUSE OF ACTION VIOLATION OF STATUTES GOVERNING SPS PROPERTY RCW 28A.335.040 and RCW 28A.335.050 (Against All Defendants) 5.1 Save BTK8 incorporates by reference all preceding paragraphs as if fully restated here. 5.2 Under RCW 28A.335.040, SPS may only permit the rental, lease, or occasional use of all or any portion of any surplus real property if use of such property is for a lawful purpose and does not interfere with conduct of the distriet’s educational program and related activities. 53 RCW 28A.335.040 conditions authorization to rent, lease, or permit the occasional use of SPS surplus school property on the payment by all users, lessees or tenants of reasonable compensation and under such terms as regulations adopted by the board of directors. 5.4 RCW 28A.335.040 further provides that any leasing or renting or use of such property is for a lawful purpose and does not interfere with conduct of the district's educational program and related activities. COMPLAINT -1I- Law Office of Jonathan C. Stevens, PC TOL 5" Avenue, Suite 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 5.5 Under RCW 28A.335.050 SPS may jointly rent, lease or permit the occasional use of surplus school property, but conditioned on the payment by all users, lessees or tenants of reasonable compensation and under such terms as regulations adopted by the board of directors shall provide. 5.6 RCW 28A.335,050 also provides that any such joint use shall comply with existing local zoning ordinances. 5.7 SPS Policy 6882 - Rental, Lease and Sale of Real Property was adopted by SPS pursuant to RCWs 28A.335.040 and 28A.335.050. Policy 6882 states: SPS’ objectives in using its property require that such use: - Reflect the district's short, intermediate and long-term educational needs; - Provide revenue and other financial support to district needs; and - Support, to a limited extent, youth education activities. Policy 6882 also states the objective that SPS’ surplus properties will be managed to maximize long- term revenue to the district. 5.8 Inaddition, Policy 6882 states: The neighborhood community surrounding the property shall be provided a time line and invited to comment in advance on the proposed disposition of the property and their views will be considered by the superintendent and the School Board in determining the appropriate disposition of the property. ... As part of any evaluation process, the district will consider the compatibility of the proposed use of the property with the neighborhood, 5.9 SPS has rented, leased or otherwise illegally transferred the exclusive use and possession of its property in violation of state law and its own governing policies. The dedication and transfer of the exclusive use and possession of its property to the Encampment purpose and its occupants violates state law in that: the use of the property is unlawful camping in violation of local ordinances and zoning; b. the use interferes with conduct of the district’s educational program and related activities. Student are restricted from full use of the school playground and the views from the COMPLAINT = -12- Law Office of Jonathan C. Stevens, PC TOL 5" Avenue, Suite 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 playground to the surrounding environment, Students must be escorted quickly past the Encampment to get to school. Students are exposed to Encampment occupant vulgarities, cursing, intense arguments, violence, discarded needles, drug usage, mentally unstable behaviors, displayed weapons, uncollected trash and vermin.; c. the Encampment exposes students to ongoing, unpredictable and potentially dangerous behavior; 4. the Encampment has resulted in a school lockdown, emergency responses to drug overdoses; gun shots and presents visible, daily illegal and undesirable images and conduct to SPS students; ©. the Encampment serves no legitimate curricular or educational purpose whatsoever; and £ the Encampment generates no revenue and diverts valuable human and monetary resources away from educational purposes to support and sponsor services to the illegal encampment, 5.10 SPS and its individual directors have exceeded their authority, have violated state statutes and contravened SPS policy, all without any notice, community consultation, or an open, adopted resolution to authorize the dedication and transfer of SPS property. There is no nexus, evidence or findings of facts that SPS’ decision to transfer its property, sponsor and financially support the Encampment relates in any manner to student educational programs or activities. 5.11 SPS students and their parents have suffered harm because of SPS violations of state statutes in a manner and amount to be proven at trial and SPS" continuing illegal use of its property as an unlawful homeless encampment should be permanently enjoined. Vv SECOND CAUSE OF ACTION VIOLATION OF WASHINGTON’S OPEN MEI INGS LAW RCW 42.30.060 (Against All Defendants) 6.1 Save BTKS incorporates by reference all preceding paragraphs as if fully restated here COMPLAINT —-13- Law Office of Jonathan C. Stevens, PC TOL 5" Avenue, Suite 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 6.2 Washington’s Open Public Meetings Act prohibits hidden debate, secretive decisions and impulsive political proceedings. “No governing body of a public agency shall adopt any ordinance, resolution, rule, regulation, order, or directive, except in a meeting open to the public and then only at a meeting, the date of which is fixed by law or rule, or at a meeting of which notice has been given, No governing body of a public agency at any meeting required to be open to the public shall vote by secret ballot. Any vote taken in violation of this subsection shall be null and void, and shall be considered an “action” under this chapter." RCW 42.30.060. 63 SPS and cach defendant director have taken a final action approving the property transfer, use, occupancy, promotion and sponsorship of the Encampment, including the dedication of school district staffing, consultant assistance and monetary resources. 6.5 The spirit, letter, and purpose of the Open Public Meetings Act is to prevent precisely the type of hidden debate and action as occurred in these impulsive socio-political proceedings. 6.6 Each member of SPS, including Directors Hampson and DeWolf and other directors who attended, endorsed or acquiesced in such secret meetings, is subject to personal liability in the minimum amount of $500. 6.7 Any vote taken in violation of this subsection should be declared be invalid, and Save BIKS is entitled to all costs, including reasonable attomeys' fees, incurred in connection with this legal action, Vil. THIRD CAUSE OF ACTION PUBLIC NUISANCE (Against All Defendants) 7.1 Save BTK8 incorporates by reference all preceding paragraphs as if fully restated here, 7.2 SPS and its directors have invited and allowed Encampment occupants onto public, school property adjoining Save BTK8’s members’ properties. SPS’ invitees have engaged in regular and numerous unlawful acts, including but not limited to illegal use, sale and distribution of drugs, public prostitution, public drunkenness, violence, discarding used hypodermic needles, public and human waste, unsafe outdoor fires, use and storage of gasoline and propone tanks and unlawful COMPLAINT = -14- Law Office of Jonathan C. Stevens, PC TOL 5" Avenue, Suite 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 camping. SPS’ invitees, cut down trees and removed local foliage, disposed waste, trash and other items into Bitter Lake and prevented Save BTK8 members and their children from freely and safely accessing BTK8, and the Bitter Lake Playfield and Community Center. Since July 2021, Defendants have continuously invited, sanctioned and supported these illegal and injurious this activity. SPS” actions, use of its property and refusal to abate the Encampment has created foul and hazardous conditions that threaten school children, neighbors and the environment. SPS’ action and inactions attract and encourage unlawful activity, including trespassing onto and theft from nearby properties, excessive noise at all times of the day, and diminished property values. Save BTK8 members, Bitter Lake re jents, their children and the general public fear the use of their own property, adjacent public rights-of-way, and adjoining public park and recreational facilities, SPS’ conduct has significantly reduced and interfered with the enjoyment of members and neighbors own property and diminished their property values. 7.3 SPS’ invitees are unpredictable, regularly under the influence of drugs and/or alcohol, sometimes violent, have included felons and sex offenders, which are a continuous hazard to and intrude upon Save BTK& members, their children, students, residents and the general public. Defendants has refused to take any steps to abate or remove the nuisances despite having to lock down BTK8, call the police on several occasions and most recently hearing gunshots emanating for the Encampment and discovering discarded bullet shells in its property. 7.4 — RCW 748.010 permits Save BTKS to make this claim against SPS for its Encampment which has and continues to interfere ‘ith the comfortable enjoyment of the Save members’ and the communities life and property. The Seattle Municipal Code, defines a “chronic nuisance property” as one which “on which three or more nuisance activities ... exist or have occurred during any 60-day period or seven or more nuisance activities have occurred during any 12-month period ...”" SMC 10.09. ‘A “nuisance activity” is defined as, among other things, “drug related activity,” “obstructing pedestrian or vehicular traffic", and “failure to disperse,” all which have occurred far beyond the statutory minimums, 7.5 As set forth earlier, SPS’ offensive activities exceed this threshold on a weekly, if not daily basis for the past 18 months, and constitutes a substantial interference with the use and enjoyment COMPLAINT —-15- Law Office of Jonathan C. Stevens, PC TOL 5" Avenue, Suite 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-040320 an 22 23 26 27 28 of members’ property. 7.6 RCW 7.48.120 further defines nuisance as consisting of “unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with .... any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property.” 7.7 SPS’ sponsored nuisance has negatively transformed the Bitter Lake neighborhood, park and BTK8, equally affecting the rights of the entire community or neighborhood, in variable but consistently adverse manners. 7.8 — SPC Policy 4200 mandates that: “[ilf any person is under the influence of illegal and/ or controlled substances, including marijuana (cannabis), or alcohol or is disrupting or obstructing any school program, activity, or meeting, or threatens to do so or is committing, threatening to imminently commit or inciting another to imminently commit any act which would disturb or interfere with or obstruct any lawful task, function, process or procedure of any student, official, classified or certificated staff member or invitee of the school district, the Superintendent or staff member in charge shall direct the person to leave immediately. If such a person refuses to leave, the Superintendent or staff member shall immediately call for the assistance of a law enforcement offi 7.9 SPS has knowingly ignored its own policy and instead intentionally invited, enabled and supported nuisance activity on BTKS property, including hiring an Encampment manager to assist SPS* invitees. SPS affirmative support of the nuisance activities is with actual knowledge, intent, and/or reckless or negligent disregard to Save BTKS rights and those of the public who have been damaged in an amount to be determined at trial, 7.10 SPS" tolerance, inaction and affirmative support of the Encampment should be abated immediately and enjoined permanently. COMPLAINT —-16- Law Office of Jonathan C. Stevens, PC TOL 5" Avenue, Suite 4200, Seale WA 98104 Tel, (206) 262-7530 Faw (488) 317-0403