Steve Shay
Nickelsville resident Donna Beavers sits at the state-owned South Park encampment earlier this summer. The homeless encampment has since taken up residence on Port of Seattle owned property. They have been given notice to vacate but say they plan to stay. On June 20, the state department of transportation issued the encampment a notice to vacate its South Park property within 72 hours.

Port asks Nickelsville to leave, camp will 'stand'

The homeless encampment Nickelsville last week moved from its location on state owned property in South Park, after being ordered to vacate by the state transportation department, and set up camp on Port of Seattle owned Terminal 107, 4700 West Marginal Way.

But Port of Seattle officials have also ordered the camp off its property, citing legal reasons. But Nickelsville has announced it plans to stay on Port property despite the mandate to leave.

According to Nickelsville, the Port is seeking and unlawful detainer order, which will allow police to enter and evacuate the encampment at Terminal 107 Park. Nickelsville anticipates it will take the rest of this week for the Courts to process this.

Official response from the Nickelsville camp:

"Nickelsville goes on. Many have helped us make this opportunity to stay together and safe out of very little. Today's update focuses on how to keep Nickelsville safe from police action on its Permanent Site at Terminal 107.

Friday night, after a hard day of work getting the new location in shape, Nickelsville was visited near dusk by Port of Seattle Police. They asked everyone to come out, handed out ‘Notices to Vacate,' and requested the names of all who took them.

The ‘Notices’ were addressed to three different parties: Those on the site, Nickelsville Attorney Robert Siegel, and to ‘Nickelsville Agent the Reverend Michael Ramos.’ We kid you not. As most of you know, Michael Ramos is the Executive Director of the Church Council of Greater Seattle. On behalf of the Church Council he has done an outstanding job of mediating and advocating for Nickelsville. But he and we recognize that does not make him the ‘Nickelsville Agent.’

The Port not understanding Mr Ramos's role is another example of Governments expecting Churches to solve the public problem of homelessness through social services. But the minute churches realize the solution to homelessness is a matter of justice, government usually tells them to shut up. That's what Mr Ramos is being asked to do today, in the same way the Interfaith Task Force, ROOTS, the Church Council and many others were treated by the City last fall – they were told to to knock it off or get fined.

Today, Sunday July 26, Nickelsville asks everyone, but particularly churches, to rise up and demand that the Port of Seattle stop threatening Nickelsville and work out a permanent home for Nickelsville. Tell them you will stand with us - if necessary - to prevent our ‘eviction.’

Friday's update included contact information for the Port Commissioners and Director. Please use it today – and encourage your religious community and your friends to do the same.

Following this (below) (read it here) is Nickelsville’s response to recent claims of the Port. It is long, but we thought many might find it useful. Sorry that we haven’t figured out how to do attachments yet.

Thank you!
Nickelsville

The Port of Seattle released the following statement on July 24:

"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."

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Comments

Human rights law protects Nickelsville

I write as an international human rights lawyer to express my deep concern at the threatened forced eviction of the Nickelsville encampment. The Universal Declaration of Human Rights, in its Article 25, guarantees the right to adequate housing and obligates governments to fulfill the right to adequate housing, including by providing housing for marginalized or vulnerable communities such as the poor. When governments are unwilling or unable to meet this obligation, they are obligated not to interfere with housing that people are able to provide for themselves, such as at Nickelsville.

The practice of forced eviction is also prohibited by the Universal Declaration of Human Rights as well as the International Covenant on Economic, Social and Cultural Rights (ICESCR), which codifies the economic, social and cultural rights enshrined in the Declaration including the right to adequate housing. While the U.S. is one of the few countries yet to ratify the ICESCR, that does not mean that these human rights don’t exist in the U.S. – everyone has human rights and lack of ratifying is simply a tactic attempted at avoiding accountability.

Furthermore, the international community has condemned the practice of forced eviction. Indeed, the United Nations Commission on Human Rights has repeatedly stated that forced evictions are a gross violations of human rights, in particular the right to adequate housing (see Resolutions 1993/77 and 2004/28).

General Comment No. 4 of the United Nations Committee on Economic, Social and Cultural Rights, which defines the right to adequate housing, states that “the instances of forced eviction are prima facie incompatible with the requirements of the ICESCR and can only be justified in the most exceptional circumstances, after all feasible alternative to eviction are explore in consultation with the relevant community, and in accordance with the relevant principles of international law. As a particularly egregious violation of international law, forced eviction implicates a variety of fundamental human rights including the right to liberty and security of the person, the right to be free from arbitrary interference with one’s privacy, family and home, the right to freedom of movement and residence, the right to human dignity and the right to an adequate standard of living, including housing.

Finally, even if the above conditions have been met, evictions should not result in rendering individuals homeless or vulnerable to the violation of other human rights. Where those affected are unable to provide for themselves, the State must take all appropriate measures, to the maximum of its available resources, to ensure that adequate alternative housing, resettlement or access to productive land, as the case may be, is available. Furthermore, evictions can not be undertaken in a discriminatory manner.

Until the United States meets its human rights obligations, including by fulfilling the right to adequate housing, many poor and otherwise homeless members of society will be forced to take their housing situation into their own hands. They should be commended rather than threatened with even further human rights violations such as forced eviction.

Nickelsville at Terminal 107

Terminal 107 is a park, which is owned by the residents of King County. As one of those residents who enjoys this particular park, I'm dismayed that I can now no longer take my family to enjoy it because of the trespass of this group. I pay taxes that keep this park functioning - what does the Nickelsville group do to make the park (or our community) a better place?

This park is a notorious

This park is a notorious "cruising" place and the Nickelodeons have security patrols which will keep you family safe from unsavory behaviors. Furthermore, in case you had not noticed, the good tax paying citizens using this park feel free to litter away. Nickelsville has a litter buster patrol and they do pick up trash within 2 blocks of their location. Right there are some significant contributions. As far as being a tax payer goes, so are the Nickelodeons. King County has no income taxes but it does have sales taxes and the residents of Nickelsville are consumers (a lot of them work) just like you and I so it is their park as well as ours.
I suggest that you go back to T107 , stop at their security desk and visit. You might be surprised, they are just like us..human beings with jobs, loved ones, hopes and pains.

Re: This park is a notorious

I've been to that park before, and I saw no evidence of cruising.

King County has a real estate tax in addition to sales tax.

Do the squatters at the park pay real estate tax?

If you think that only

If you think that only people who pay real estate tax have civil rights then I guess you are turning your back to the millions of schmucks who are renter. Lovely!

Renters do pay real estate

Renters do pay real estate tax. It's just wrapped up in the rent amount. Obviously renters provide the income to the landlord so they are able to pay the tax. I've never noticed cruisers either but I bet that would be determined by the time of day you go there. And the city is not taking away the housing of this group. They are simply telling them that they cannot settle on the land. If they are hard working people then they can pay for a camp site or pool their money together to rent the land. I wouldn't feel safe going to a park with a homeless camp, as Im sure many others would agree. Many homeless have mental health problems, and as I'm sure you all read the news, there are countless rapes and murders that have happened by people with mental health issues. I don't want to bring my family to a place where it increases the chance of an unsafe encounter. I do believe that there needs to be resolution to the situation. Land provided solely for the camp, but also there should be an affordable renting fee. Atleast to cover the cost of outhouses and other park fees. By the way, I've never noticed a restroom at the T-107 park. If there isn't one then how are they disposing of waste?

Human Rights Atty my foot!

Bret - Could you be any more OFF?

Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

The state provides these needs to people already. When is the last time you met someone from one of these so called camps?
Half o fthem are free loaders who do not want to PERSUE a livelihood, so they are not being deprived of anything.