Federal Law:
The supreme court ruling states: that local governments can enforce anti-camping ordinances against homeless individuals, even when no alternative shelter is available. The Court held that such enforcement does not violate the Eighth Amendment’s prohibition on cruel and unusual punishment.
Bottom line: Supreme Court ruling brought it back to the “states”. Oregon state has its own law, HB3115 in which we have to follow.
Oregon State Law:
Oregon House Bill 3115 (HB 3115) was passed in 2021 to address homelessness and public space regulations. The law requires that local governments regulate “sitting, lying, sleeping, or keeping warm and dry” in public places in a manner that is “objectively reasonable” with respect to time, place, and manner.
Read the text of the bill, HB3115 at:
https://olis.oregonlegislature.gov/liz/2021R1/Measures/Overview/HB3115
Details on HB3115:
Objective Reasonableness:
– Local governments can still regulate when, where, and how people use public spaces for activities like sleeping, but these restrictions must be “objectively reasonable” in terms of time, place, and manner.
– Rules cannot effectively criminalize homelessness by making it impossible for people to exist in public places.
Time, Place, and Manner Restrictions:
– Time: Cities may regulate when people can rest in public areas (e.g., prohibiting sleeping in certain places during the day).
– Place: Restrictions on locations where people can sleep (e.g., banning camping in parks but allowing it in other designated areas).
– Manner: Rules on how people can rest (e.g., no large structures or fires).
Legal Challenge Mechanism:
– If a person believes a local ordinance violates HB 3115 by being unreasonable, they can challenge it in court.
No Criminalization for Sleeping in Public:
– Cities and counties cannot fine or arrest people solely for sleeping or resting in public if they have no other alternatives.
Context & Impact
– HB 3115 was a response to the 2018 Martin v. Boise ruling, which held that criminalizing homelessness when no shelter is available violates the Eighth Amendment (prohibition against cruel and unusual punishment).
– Many Oregon cities had laws that effectively banned sleeping in public without providing alternatives, leading to lawsuits.
– The bill does not force cities to allow camping everywhere, but it does require reasonable regulations instead of outright bans.
Example how time, place and manner were used in Cottage Grove:
Cottage Grove had two 7/24 camps – they closed them down and have only one camp open from 7PM to 7AM. You can read about how Cottage Grove went from two 7/24 camps to one camp with limited hours; 9/19/2024: https://www.klcc.org/housing-homelessness/2024-09-19/cottage-grove-scales-down-plans-for-new-homeless-campsite-as-current-spot-sees-little-use