The City Council of Portland, Oregon approved new rules that allow for fines of up to $100 or a jail sentence of up to seven days for homeless individuals who camp on public property and refuse offers of shelter. The ordinance also includes penalties for blocking sidewalks, using gas heaters or starting fires, and having belongings more than 2 feet outside of tents. Mayor Ted Wheeler’s office stated that the goal of these rules is to effectively manage public spaces and address the issue of unsheltered homelessness in the city. Individuals who accept offers of shelter will not be cited, and the courts will determine whether to waive fines for those who are cited, with a focus on diverting individuals to assessment, emergency shelter, or housing rather than jail.
The new rules were designed to align with a state law that requires cities to have “objectively reasonable” restrictions on public camping. A previous version of the ordinance that prohibited camping during daylight hours, with the risk of fines or jail time, has been put on hold by a judge as a lawsuit challenges the measure on behalf of homeless individuals. This comes at a time when many cities in the U.S. West, including Portland, are struggling to address a growing number of homeless encampments. While officials argue the need to manage encampments for safety and sanitation reasons, advocacy groups advocate against criminalizing homelessness and argue that people should not be punished for lacking housing.
The U.S. Supreme Court is currently considering a case brought by the town of Grants Pass, Oregon, which questions whether cities can punish individuals for sleeping outside when shelter space is limited. This case is a significant one for the high court, as it addresses the issue of homelessness and could have widespread implications nationwide. As record numbers of individuals experience homelessness across the country, the outcome of this case could potentially shape future policies and approaches to addressing this complex and urgent issue. It remains to be seen how the court will rule and what impact it will have on cities seeking to manage homeless encampments in their communities.
