Judge tosses lawsuit aimed at stopping release of violent offenders into Lakewood

TACOMA, Wash. — Lakewood says it has lost its lawsuit aimed at preventing the state from releasing violent offenders to residential treatment facilities in the city.

Pierce County Superior Court Judge Elizabeth Martin dismissed the lawsuit Friday, and “made it clear she believes the city’s concerns should be addressed by the state Legislature through the amendment of the Adult Family Home statute or through new legislation,” Lakewood said in a statement.

The city had asked the judge to keep people with past violent or sexual offenses from being placed in the city’s roughly 90 adult family homes — state-licensed facilities that house up to six people.

The state asked the court to dismiss the case, writing in its motion for summary judgment: “These issues have been decided by the Legislature and if change is desired it is back to the Legislature that the City must go.”

Martin agreed.

Lakewood said the issue will be part of its legislative agenda, and that it’s deciding whether to appeal Martin’s ruling.

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“We have a duty to protect our residents and the city continues to believe (the state Department of Social and Health Services) has embarked on a path of placing violent offenders in adult family homes as an easy method of offloading them from its more expensive facilities,” Mayor Don Anderson said in the city’s statement.

“... Adult family homes were never meant to house violent offenders, they were meant for people to age in place and for those with vulnerabilities to receive care.”

Mental health advocates and adult family home owners have argued the city’s stance is discriminatory.

The city contended the state has unequally distributed adult family homes. Lakewood — home to Western State Hospital, the state’s primary psychiatric facility — has the fifth-highest rate of the facilities per capita in Washington. A small number of its adult family home residents are leaving the hospital.

The state argued it doesn’t control where adult family homes are located, or have the legal authority to keep people with criminal history from living in them.

“Many cities and their residents would prefer not to have AFHs (adult family homes) located within their boundaries or sex offenders living in their neighborhoods,” the state’s motion said.

“But the Legislature has decided as a matter of public policy that AFHs may be located anywhere a single family home is permitted ... and that cities are prohibited from placing any residency restrictions on people who are required to register as sex offenders.”

Click here to read the full story from Alexis Krell on the Tacoma News Tribune.

Tacoma News Tribune