City sues owner of Bellingham property hosting Walmart homeless encampment

The city of Bellingham has filed a lawsuit against the property owner of the land behind Walmart where hundreds of unhoused people are living in an encampment.

The lawsuit, filed against property owner Li-Ching Fang, alleges that the unhoused are trespassing on the property and the encampment is causing a public nuisance, which violates the Bellingham Municipal Code and state law.

City officials began taking steps to declare the property a public nuisance in November 2022 by attempting to contact Fang and requiring her to abate the encampment.

“The Defendant has taken no steps to abate the nuisance since that time,” the lawsuit states.

The lawsuit states that the property is “overrun with garbage, refuse, waste material, non-operating motor vehicles, and litter,” along with more than 100 stolen shopping carts, drugs and drug paraphernalia.

Unhoused people have improperly cleared trees and vegetation throughout the property to be used as building materials and firewood. Unlawful structures made of plywood and plastic have also been constructed on the property, the lawsuit states.

“The overall condition of the property annoys, injures, or endangers the safety, health, comfort, or repose of the public; offends public decency; and renders the public insecure in life or in the use of property,” the lawsuit states.

The lawsuit states the encampment negatively impacts nearby businesses, including Walmart, which has seen an increase in theft and other property crimes over time as the encampment has grown in size.

Environmental pollution also is a concern outlined in the lawsuit as Lower Spring Creek runs through the property. Wetlands also cover a majority of the property.

“Garbage, refuse, waste, drug contaminated materials, and human waste from the encampment threaten to pollute this ‘critical area,’” the lawsuit states.

Ongoing safety, health concerns

The lawsuit alleges that conditions on the property have deteriorated over the years, with three unhoused people dying from opioid overdoses there since 2022.

“Law enforcement agencies were called out to the property 236 times between June 1, 2021 and October 31, 2023,” the lawsuit states.

A total of 45 arrests were also made at the property during that same timeframe and a single search warrant uncovered four firearms, drugs and 13 dogs.

The city said it was taking steps to clear the camp after continued pushback from residents living in the nearby Tullwood Apartments who expressed fear for their safety.

The apartment residents are cited in the lawsuit, stating they “encounter trash, litter, and garbage emanating from the Property on a daily basis.” The lawsuit also states residents “endure offensive odors of drug use and burning trash coming from the Property.”

Shelli Tench is a resident of Tullwood Apartments who has gone public with her concerns about living next to the encampment. Tench sent an email to the city about its intent to take action against the property owner, writing, “... it is music to my ears. Thank you for the good work!”

But she expressed concern that the encampment expands beyond just Fang’s property. She told The Bellingham Herald a lawsuit only targeting one property owner won’t do enough to solve the issue. She also wants to see more action taken against the criminal activity that has been reported in the camp.

Homeless advocates push for more resources

Local homeless advocate Markis Dee Stidham told The Herald it is irresponsible to clear the encampment without offering the proper resources.

When the encampment behind Winco in Bellingham was cleared in May 2023 after the property owner was similarly sued by the city, Stidham said it caused people to relocate without solving the problem. He also said it complicated the job of service providers.

“We have seen this time and time again with sweeps in general,” Stidham said in an interview with The Herald. “We lose our clients and friends out there and may not see them for several months.”

Stidham was the co-author of a plan released in July 2023 called ‘The Big Lift’ that he believes could be the solution to drastically reducing homelessness in Whatcom County.

Stidham said local government needs to help provide housing and a continuum of services in order to prevent homelessness from worsening.

“We need to encourage our leaders to make sure that there are systems in place for these folks to be displaced from the horrible situation that they’re in and into something better,” Stidham said. “We need to get the promise of something better out in front of us for once.”