Judge strikes down 'Compassion Seattle' charter amendment; initiative will not appear on Nov. ballot

A controversial charter amendment meant to address homelessness in Seattle was struck down by a King County judge on Friday, and the initiative will not appear on the November ballot.

King County Superior Court Judge Catherine Shaffer ruled that Charter Amendment 29 — also known as "Compassion Seattle" — would conflict with state law and was not within the scope of a local ballot initiative.

"You can’t amend a city charter to conflict with state law," Shaffer said. "I like this charter amendment as a voter. But as a judge, it cannot stand."

The amendment, which collected a total of 64,155 signatures from Seattle voters over the summer to qualify for the November ballot, aimed to create an additional 2,000 units of emergency or permanent housing and expand behavioral health services for mental health and substance use disorder.

Once the shelter space was made available, the amendment would have also required that the city kept "parks, playgrounds, sports fields, public spaces and sidewalks and streets remain open and clear of encampments."

The lawsuit against the amendment was brought forward by the American Civil Liberties Union of Washington, Seattle/King County Coalition on Homelessness and the Transit Riders Union. The lawsuit argued that the amendment violated state law on how local governments set policies to address homelessness.

"CA-29 ignores well-established limits to the local initiative process," said Breanne Schuster, ACLU of Washington staff attorney. "State law provides multiple avenues for constituents to influence homelessness policies and practices, but the initiative process at the city level is not one of them. CA-29 violates both our state’s local initiative laws and the proper function of our democratic systems."

The ACLU had previously decried the amendment as it focused on "stopgap measures aimed at reducing the visibility of poverty" instead of long-term solutions, like increasing affordable permanent housing. The group also argued that the amendment would codify encampment sweeps in the city's charter, a practice which declined during the COVID-19 pandemic following Centers for Disease Control and Prevention guidance. 

Supporters of the amendment said Friday that they will not appeal the decision as it would not happen in time for the election.

"While we are gratified that Judge Shaffer said that she would have voted for Charter Amendment 29 if given that option, we strongly disagree with her ruling today denying Seattle voters the opportunity to have their voices heard on the number one issue facing our city," wrote the amendment's supporters in a statement. "This ruling means the only way the public can change the city’s current approach to homelessness is to change who is in charge at city hall."

While the ballot measure was controversial among Seattle's political figures and mayoral candidates, it had garnered major financial backing from real estate and business interests in the city. Filings from the Seattle Elections and Ethics Commission show that as of Friday, Compassion Seattle has raised a total of $1,057,033 in contributions from 379 donors, with the average contribution amounting to $2,789.01.

Many of the major donors represented real estate and business interests in the city. Two of the top donors, John Goodman and George Petrie, each donated $50,000 and work for the same real estate company, Goodman Real Estate. Vulcan Inc, Hudson Pacific Properties, Clise Properties, and the Downtown Seattle Association are also major contributors, according to filings.