Statement Regarding Nickelsville Encampment on Port Property

The Port of Seattle shares the concern for homeless citizens in our community. Regrettably, we are not able to accommodate the Nickelsville encampment’s request to use port property. When Nickelsville advocates approached the Port earlier this month, port staff worked in good faith to review their request and communicate with them about potential solutions.

Legally, the Port has neither the authority in the housing area nor the ability to ‘donate’ property, as that would be contrary to state law for port authorities. In 2005, the Washington State Auditor’s Office (SAO) examined the Port’s expenditures to community organizations, and their December 2005 report found the “Port sometimes assists other organizations in the community or otherwise participates in community events in ways that are outside of its authority,” which ultimately constitutes a prohibited gift of public funds.

Among the improper expenditures cited was a contribution to the Housing Partnership. “Other local governments have the authority to provide services such as education, health and housing which are beneficial to the poor. However, such services are outside of those authorized by the Legislature for Washington State ports,” the report said.

In short, it is illegal for the Port of Seattle to provide this property for the encampment, and we will not disobey the law.

In addition to the serious legal issues surrounding this occupation of Port property, Terminal 107 is in a shoreline habitat area with sensitive vegetation, and falls under constraints of city shoreline codes. These regulations bring additional usage concerns, especially with the site’s lack of sanitation infrastructure and limited access to services.

Port staff has communicated this information to Nickelsville advocates over the past week, both verbally and in written form. Ignoring this communication, Nickelsville residents have now occupied Terminal 107 without notice or permission, and are camping illegally on public property.

The Nickelsville group will receive further trespassing notification today and their need to move to a location off port property. The Port of Seattle will initiate a legal process to support this move which is expected to take one week. Port staff will continue to work in good faith with the group and are hopeful that community members can join with the group in finding a more suitable and accommodating site.