The U.S. Supreme Court ruled Friday that cities can enforce bans on homeless people sleeping outside, even if they don’t have enough shelter space to accommodate them. The court’s decision found that Grants Pass’ policy penalizing people who sit or sleep on public property did not amount to cruel and unusual punishment under the Eighth Amendment. But that ruling will have a limited effect across Oregon because of a state law that says cities need to have a plan other than just punishing people experiencing homelessness.
The court case stretches back to 2018. The Oregon statute was passed in 2021 and requires that local rules regulating where homeless individuals can sit, lie or sleep outdoors on public property must be “objectively reasonable” in their “time, place and manner.” So a city can have laws, but they must be “reasonable”. What that means has not been ruled on by the Courts.
The 2021 measure, House Bill 3115, passed in the House 35-23 and in the Senate 18-10. I was one of three House Democrats to vote “no”. In the most simple terms, I thought allowing people to camp on public property was not the answer.
Polls in recent years have consistently shown that Oregon residents consider homelessness the top issue facing the state and region. A federal count of homeless individuals in 2023 found that Oregon had the third highest homelessness rate in the nation and was worst-in-nation for unaccompanied homeless youth. If we have 48 Oregonians without permanent housing for every 10,000 people in the state, think 50 people in Newport, 50 in Lincoln City, and 30 in Philomath. The state’s homeless population increased 23% during the pandemic years from 2020 to 2022 and another 12% from 2022 to 2023.
In 2022, Oregon communities noted that more people lost their housing because of climate events such as extreme wildfires across the state, floods in the coastal areas, and heavy snowstorms in the eastern region of the state. Twenty percent of the kids in our schools are still designated as homeless. Oregon also has one of the highest percentages of veterans experiencing unsheltered homelessness with 56% of the state’s homeless veterans living outside.
I support shelters and assistance for people experiencing homelessness. As I said at a recent town hall, whether we have shelters or not, we are going to have homeless people here. The question is whether they receive help, oversight and support, or whether they simply camp in our parks, woods, or trespass on private property. People with signs on street corners or sleeping in business doorways at night affect public safety, livability, and our recreational economy.
I prefer our cities and counties address these critical issues in a practical, compassionate, and common-sense manner.
I want us to take care of families with children. I want more foster care for kids. I want addiction services and mental health treatment for those who will accept it. I want to provide a transition to stable housing for those who want it. And of course, we need to continue the work to build more of that affordable housing. And finally, I want to punish those who break the law. |