Today, the US Supreme Court agreed to consider a case from Grants Pass, OR on whether governments can ban camping on public property by individuals experiencing homelessness. This case could have a significant impact on the Willamette Valley and across the country. A decision is anticipated around June 2024.
In 2018, the 9th Circuit Court of Appeals ruled in Martin v. City of Boise that prohibiting public camping was unconstitutional “cruel and unusual punishment” if someone lacks shelter. When Grants Pass attempted to enforce its own public camping restrictions, the 9th Circuit re-affirmed its prior decision in 2022. Grants Pass then appealed to the US Supreme Court.
The League of Oregon Cities filed an amicus brief with the US Supreme Court arguing that the 9th Circuit’s rulings were unworkable because they “limited local governments’ options to protect the health and safety of their communities—both housed and unhoused.”
Even if the US Supreme Court overturns the 9th Circuit’s rulings, it is currently unclear how that might impact local governments in Oregon. In 2021, then-Representative and now-Governor Tina Kotek passed House Bill 3115 to codify part of the 9th Circuit’s rulings into Oregon law. The bill required 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 bill allowed for enforcement through private lawsuits and attorney fees.
Stay tuned.
-Steve Elzinga is an attorney at Sherman, Sherman, Johnnie & Hoyt LLP https://shermlaw.com/