The people behind two historical cemeteries in North Seattle say they'll sue the city over the latest round of vandalism to grave sites.
The group says homeless campers created the vandalism -- and the city should pay because it failed to act.
Ari Hoffman, a board member for Bikur Cholim Cemetery, told KIRO 7 that people came for a funeral but the cemetery needed to be cleaned up first. It was littered with garbage from homeless who have often left trash behind. He has filed a complaint with the city to pay nearly a quarter million dollars for cleanup related to the homeless who've camped near the cemeteries in the past but the city has rejected that.
Hoffman says Seattle still hasn’t "addressed the problem, and it's only going to get worse from here because they're just going to come back.”
KIRO 7 first exposed vandalism at two historical Jewish cemeteries in North Seattle in April.
Months later the problems continue. Hoffman shared new pictures only with KIRO 7 showing garbage, human waste and needles left at the cemetery. “The cemetery has been there for 120 years and we've never had these problems until the city started implementing the policies they did," Hoffman said.
Police didn't immediately force campers to move. That's why the cemeteries believe the city is responsible for the damage.
In a letter obtained by KIRO 7, Seattle says homelessness is a systemic problem and it won't pay for damages, citing the Public Duty Doctrine which claims the public can only make a claim if a duty is owed to them in "particular."
Hoffman says the city is liable because of a letter he received from the city council that promised specific action which he says the city never followed through on.
KIRO 7 found Scott Lemire. He admitted he was living out of his vehicle near the cemeteries, but he insisted he did not use the cemeteries for housing of any sort. He has seen “a lot of the homeless people who don't have a vehicle go in there...sleep in certain areas. If you go in there 2-3 a.m., you can find people partying almost every day.” Lemire also does see damage done to the plots and is firmly against it. “It’s disrespectful.” Hoffman says it’s not about his love for the city but about responsibility. “We love Seattle, we love living in Seattle...this is the first time I can remember in the 15 years I've lived here where we don't feel safe.”
The Washington State Association of Municipal Attorneys says you can sue a local government if you meet exceptions to the Public Duty Doctrine. Ari Hoffman says that level of legal action could be his next move.
Inquiries to officials with the city of Seattle for further comment were not answered.
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