Oregon Democrats Signal Desire to Roll Back State Law in Wake of Supreme Court Ruling on Homeless Camps

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ICARO Media Group
Politics
04/07/2024 23h42

In the wake of a recent Supreme Court ruling that allows cities to outlaw homeless camps, at least two Oregon Democrats have expressed a desire to revisit a 2021 state law that limits municipalities' ability to ban camping on public property. State Senator Mark Meek and State Representative Paul Evans are seeking to reform restrictive laws in order to prioritize public safety and cleanliness in communities.

The Supreme Court's 6-3 decision overturned a ruling by the 9th Circuit, which found laws prohibiting homeless individuals from sleeping in parks and on sidewalks to be in violation of the Eighth Amendment's prohibition on cruel and unusual punishments. The case, originating in Grants Pass, Oregon, had hindered street clean-up efforts across the West Coast.

While the Supreme Court ruling grants cities more options in addressing unsheltered homelessness, an existing state law in Oregon could still impede officials' ability to take action. The law, passed in 2021, requires local ordinances regulating sitting, lying, and sleeping on public property to be "objectively reasonable as to time, place, and manner." Although championed by then-House Speaker Tina Kotek, who is now Oregon's governor, Meek and Evans were among the three Democrats who voted against the bill.

Following the Supreme Court's ruling, Meek and Evans, along with Republican minority leaders, are united in their call for a change to the state law. This raises the possibility that state lawmakers may address the issue when they reconvene early next year. However, garnering support from their own party may prove challenging, as the Democratic chair of the House Housing and Homelessness Committee has stated that the current law strikes a good balance.

Portland Mayor Ted Wheeler joins other leaders who disagree, arguing that the subjective nature of the term "reasonable" hampers their efforts. A recent court injunction has prevented Portland from enforcing an upcoming ordinance that would ban individuals from blocking access to businesses or sidewalks with tents during certain hours. A watered-down version of the ordinance has since been implemented, but legal experts anticipate challenges based on the state law.

Advocates for homeless individuals have vowed to utilize the state law to protect the rights of the homeless population. They argue that if Oregon cities overreach in their regulations, legal challenges will ensue. However, if the state legislature does not revisit the law, Republican attorney general candidate Will Lathrop warns of the potential for "legalized tent cities" to attract more homeless people to Oregon, without adequate accountability or solutions to the widespread homelessness crisis.

As the debate unfolds, the issue of homelessness and its impact on public safety and economic prosperity remains a key concern for both sides of the aisle. The possibility of legislative action looms as lawmakers consider striking a delicate balance between the rights of homeless individuals and the well-being of communities.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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