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August 12, 2009
On July 23rd, the Nickelsville encampment moved onto the Port of Seattle’s Terminal 107 public park without permission. Port staff members believe that legally, the Port of Seattle has neither the authority to provide housing nor the ability to donate property for the encampment.
“We understand the difficult situation that many of the Nickelsville members are in, and share the concern of many in our community about the serious problem of homelessness,” said Port of Seattle CEO Tay Yoshitani. “But the port must consider not just our legal authority and our responsibility to create jobs and economic growth for the region, but the needs and wants of other residents in the region who live adjacent to and use port parks and facilities every day.”
Yoshitani has asked Washington State Auditor Brian Sonntag, Washington State Attorney General Rob McKenna and Washington State Speaker of the House Frank Chopp to clarify the port’s legal authority to donate the property for housing. Yoshitani hopes the request for legal clarification can be expedited.
In a separate action, the port has withdrawn the motion for unlawful detainer filed before King County Superior Court. The motion was scheduled to be heard on August 13th. However, the port reserves the right to proceed with the Notice of Trespass given to the encampment on July 24th, and Yoshitani has instructed staff members to continue working toward the previously stated August 21st deadline for the encampment to leave port property.
“By withdrawing this motion and seeking additional legal clarity, the port continues to try to work through this issue collaboratively,” Yoshitani noted. “I also encourage Nickelsville members and community advocates to maximize efforts to identify a more appropriate site for the encampment.”