On June 28, 2024, the US Supreme Court ruled in City of Grants Pass v. Johnson that state and local governments can limit camping on public property by individuals experiencing homelessness. This will have an uncertain impact in Oregon due to state law.
Since 2018, the federal 9th Circuit Court of Appeals said that prohibiting public camping on the West Coast was unconstitutional “cruel and unusual punishment” if someone lacks shelter. The US Supreme Court rejected that constitutional analysis and returned the issue to the states, observing:
Oregon recognizes a “necessity” defense to certain criminal charges. It may be that defense extends to charges for illegal camping when it comes to those with nowhere else to go. . . . Insanity, diminished-capacity, and duress defenses also may be available in many jurisdictions. . . . States and cities are free as well to add additional substantive protections. Since this litigation began, for example, Oregon itself has adopted a law specifically addressing how far its municipalities may go in regulating public camping.
The Supreme Court was referencing the law passed in 2021 by then-Representative and now-Governor Tina Kotek (House Bill 3115), which requires that “Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.” The law allows for enforcement through private lawsuits and attorney fees.
Oregon appellate courts have not yet interpreted ORS 195.530, but it is likely they will be asked to do so soon.