Closing the homeless tent camp behind Aberdeen City Hall would be a violation of Gov. Jay Inslee’s proclamation forbidding most evictions during the COVID-19 pandemic, according to the state Attorney General’s Office.

As a result, the Aberdeen City Council will vote Wednesday on a recommendation to rescind the city’s authorizations of to close the camp, and extend the temporary use permit and authorize the budget required to maintain camp operations.

The city council pushed county government to split costs of operating the homeless camp and voted to close it when county commissioners would not share the cost.

According to an email dated April 24 to Aberdeen Corporation Counsel Patrice Kent from Patricio A. Marquez, Assistant Attorney General, Civil Rights Division, “our office received information that the City of Aberdeen has engaged in conduct that may violate Proclamation 20-19.1 (the governor’s evictions proclamation). Accordingly, the Attorney General’s Office requests that the City of Aberdeen immediately rescind the notice of (the City Hall camp) closure.”

According to Marquez’s email, the governor’s proclamation does not prohibit serving a notice that would require residents to vacate where necessary to respond to a significant and immediate risk to the health and safety of others created by the resident.

However, “the notice of (the) closure states that the Aberdeen City Council voted to close the (the camp) because there was no other group that committed to fund, or help fund, the location,” read the email. “The notice of closure, issued for those express reasons, appears contrary to the terms of (the proclamation). Additionally, the conduct described above may also violate the Washington Law Against Discrimination to the extent it has a discriminatory effect on residents who are members of a protected class (e.g. individuals with a mental or physical disability, families, with children, honorably discharged veterans or military members).”

The City of Aberdeen has been solely operating the camp for about $35,000 a month since it opened in July 2019. It has housed more than 125 homeless individuals since it opened. Aberdeen Community Development Director Lisa Scott said late last week that the camp held about 35 people at that time.

The recommendation from Kent that the City Council will consider Wednesday notes that, “Despite numerous requests and conversation, no county, state, federal or private organizations committed resources to support its on-going operations.” The recommendation said notice of the extension of the camp be provided to its current residents.

Wednesday’s meeting will be held by telephone audio conferencing and no public comment will be taken during the meeting. Anyone who wishes to provide public comment to the council should do so prior to the meeting at cfrederickson@aberdeenwa.gov.