Lawsuit Filed against the Seattle School Board And Seattle Schools over Homeless Encampment

Editor's note: the encampment was finally cleared last week.  

Here's the filing. (FYI, it's Broadview Thomson, not Thompson.)

What is interesting is the lawsuit names all the directors as well as the school district. I'm not sure if the directors will have to defend themselves given they are named individually, rather than as a board.

To note, this is in Director Liza Rankin's district and she has been closely involved with this issue. 

The plaintiffs state:

SPS is not legislatively or administratively charged with or empowered to undertake regional homeless issues. Instead SPS is solely crated and enabled to address, administer and meet its education directives.

This charge under RCW 28A, Washington State Administrative Codes and the Board's own adopted policies. 

Defendants secretly approved the illegal use of its property without notice, hearing or official action. 

The lawsuit speaks of the impacts on students and families, noting BT's large immigrant and minority populations. At the GoFundMe page for this lawsuit is stated that the school has lost 100 students this year. 

As well, the lawsuit says that the defendants have violated Washington EPA regulations, especially around the condition of Bitter Lake. The GoFundMe page states:

Bitter Lake is designated an Environmental Critical Area (ECA) and a Riparian Waterway by both the city of Seattle and the State of Washington and there are serious concerns with the ongoing harm to the area due to the amount of trash and biohazardous material, including syringes and human feces, being disposed of in and around the lake. In addition, members of the encampment are cutting down trees, digging up shrubs, and setting uncontrolled fires, further endangering an already stressed ecosystem.

The defendants note that no other school with an adjoining playground/playfield has had this issue. As well, the Board, specifically when Hampson was Board president, had SPS clear the encampment at Meany Middle School. They seemed to have no problem doing that. 

There were about 500 calls made to police during the time of the encampment. SPD estimated it might take years to address all the FOIA requests made for those calls. At any given time, there was an estimate of between 50-80 tents at the site. Recently, gunshots were heard and residents found casings along the fence. 

The plaintiffs go on to talk about the "encampment manager. " Have you heard about this? SPS gave him $20K thru his group, "Anything Helps" to work with the residents of the encampment. Turns out this guy appears to have not been vetted well by the district and apparently was asking residents for meth. 

This from KOMO News:

Mathias is the man Seattle Public Schools hired earlier this year to relocate dozens of campers. Originally his non-profit called Anything Helps was just him, but over time other volunteers joined in the effort. Now some of those volunteers, as well as a few of the homeless people who got assistance have come forward claiming Mathias took advantage of his position.

Adriana Krieger was living out of a tent with her husband when she said Mathias offered to let her shower at his home, since the encampment had no running water.

“He brought me to his home and that was the first time he asked me to hit him which means to shoot him up,” Krieger said.

Mathias said it was "one time" and it was "an administrative shot of meth." Huh?

However the school district is not aware of any funding that is unaccounted for, and the money was transferred in two lump payments. According to Mathias, that $20,000 hasn’t even been spent.

A spokesperson for Seattle Public Schools said, "we are aware of the allegations about mr. mathias, and they are concerning...We will assess the situation to determine if we need to do any investigating.

From an article in Publicola:

It also raises a number of questions for the school district, the city, and the King County Regional Homelessness Authority. Why did Seattle Public Schools place so much responsibility in the hands of an untested, brand-new nonprofit run primarily by a single volunteer? Should the district have done more to monitor what was going on at the encampment, including the power dynamics between the nonprofit and encampment residents? Why did the city take so long to step in and help encampment residents? And how did 14 housing vouchers end up in the hands of an unvetted nonprofit with no track record—or staff? 

Last week, volunteers for Anything Helps sent a letter to community members, the school district, and other homeless service providers making a number of disturbing allegations about Mathias. Among other charges, the letter alleges that Mathias used some of the money Anything Helps received from the school district and individual donors to pay for drugs; that he threatened and used federal Emergency Housing Vouchers as leverage over several women at the camp; and that he engaged in “verbal aggression, threats, and retaliation toward staff,” including accusing one volunteer of stealing money.

Comments

Transparency Needed said…
Thank you for reporting.

Neighbors heard gun shots. Shell casings were alongside the fence. It is abundantly clear that the board's highest interest wasn't protecting children.

Hersey joined Hampson and felt students needed to be taught empathy. Rankin was a supporter of the encampment, as well.

Let's hope we have better heads on the board with 2 new board members.
Anonymous said…
Thanks for reporting, and I hope news outlets pick up!

Good to see accountability for terrible decisions and governing gaffes. I’ve said all along that beyond serving homeless students, this is WAY outside SPSs lane. It’s too bad the lesson learned comes with a price tag. SPS has lost enough education dollars backing up Hampson and DeWolfs SJW vanity tweet.

Failing Grade
Anonymous said…
There was also the teachers & staff asking for specific solutions from back in Spring, an unknown man who entered the school and lockdown, large sword someone saw in the camp, rats, feces and needles. It struck me how this situation just went on & on, unfairly affecting a majority low income school. I would be very surprised if this would have gone on for as long in a very wealthy area, like for example Madison Park. Like most Seattleites, I have great empathy for homeless people in crisis. However this situation was just ridiculous. The board's handling of this situation is exactly the kind of situation that completely energizes far right wing media and extremism. The school board should be prioritizing children, staff and their safety period.

reader
Anonymous said…
What an absurd lawsuit. It's riddled with typos and misspellings, but the bigger issue is the contradiction at its heart. They claim SPS resources should be used in the classroom, yet they also want SPS to use its financial resources to clear an encampment. Which is it? Spend money on students or spend it on an encampment?

Further, they do not seem to understand that no public entity anywhere along the West Coast can simply just evict an encampment whenever they like. The Ninth Circuit US Court of Appeals has ruled that encampments can only be removed if there is housing or shelter for the camper to go to once swept. This doesn't always happen in practice, but it's another barrier to SPS being able to remove the encampment. If the people backing this lawsuit weren't morons, they might know that.

This isn't to defend SPS. Chandra Hampson totally botched this situation. But the City, not the school district, is the entity that should be involved in housing the people in the encampment. SPS shouldn't have to be involved in this. In any case, the lawsuit will likely be thrown out, or it will end favorably for SPS, and take more time and more money than it would take to simply house everyone still at Bitter Lake.

House People
McNulty. said…
As I read it, the allegations against the directors are against them individually and not in their capacity as school directors. The allegation and rationale is that they were acting outside their statutory and constitutional authority when they chose to allow persons take up residence on school district property.

If I were named individually in a lawsuit I would be seeking my own legal counsel and I would be calling my insurance carrier and tendering the defense to the carrier.

The Ballard Commons Park is going to be closed for at least a year. The soil is going to need to be removed and remediate because of the presence of hepatitis. Why would the Bitter Lake area not have to be similarly remediated?

Bitter Lake is probably a “navigable waterway” as defined by the Clean Water Act. Will it be tested for contamination and possibly need remediation?

I find it somewhat sadly amusing that Chandra Hampson has triggered an investigation, filed a lawsuit and is now a named party in a lawsuit concerning her actions directed toward and impacting minority students.

Another thought. What liability is there for the district that provided funds to an individual that then used the funds to purchase drugs. Was the individual vetted prior to the delivery of funds?

This is crazy town.
Anonymous said…
Long overdue. I live in Queen Anne. This would have never happened at a QA elementary school or an elementary school in any other affluent area of Seattle. That the school board allowed this to happen in a less well off neighborhood where parents have fewer resources to raise a ruckus is pretty abominable. I am as liberal as they come (more so than most), but this act of the school board really underscored the dysfunction in Seattle's current politics. That a homeless encampment was parked on elementary school grounds was unconscionable. Seattle school board's inaction was due to a combination of inept leadership, lack of spine, and arrogance. Glad that they are being held accountable, particularly the board's leadership.

BLUE SKY
Anonymous said…
@House People

The reasonable course of action would have been to remove the campers, the same way the police would do if someone were camping/squatting in your backyard. The school is private property, the Mayor offered to remove them (aka “sweep,” a dirty word in Seattle) and the rest is history. 9th circuit rulings don’t apply to private property or immediate threat situations, which campers shooting up needles and committing petty crimes hundreds of feet from kindergartners would apply.

Normalize Common Sense
House People, you missed a couple of key items.

One, the City could NOT clear the encampment without the district's permission (unless an emergency). But Hampson and DeWolf "demanded" it not be swept. The City's hands were tied because they could not make guarantees on where everyone would go.

Also, you don't need to namecall people "morons" to make a point. Do better.
Anonymous said…
The paper noticed one of the many lawsuits.

https://www.seattletimes.com/seattle-news/education/former-student-claims-seattle-school-district-silenced-him-from-speaking-up-about-hazing/

Cone of Silence

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