Portland, Oregon, July 1, 2024 — As a new city ordinance goes into effect today, Portland prepares for what legal experts are calling a potential game of “legal chess.” The ordinance, passed by the City Council in May and supported unanimously, introduces stricter regulations on public camping, aiming to address homelessness by offering shelter alternatives or imposing penalties.
Under this ordinance, individuals refusing shelter can face fines up to $100, a maximum of seven days in jail, or both. The move comes in response to a recent Supreme Court decision upholding similar measures in Grants Pass, albeit with distinct legal implications.
“The ordinance clarifies the definition of camping and enhances enforcement strategies,” explained Mayor Ted Wheeler. “Our goal is to ensure public spaces remain accessible while providing pathways to shelter and housing.”
Legal challenges loom, however, as critics argue the ordinance may conflict with Oregon state law, particularly House Bill 3115, passed in response to the Ninth Circuit’s Martin v. Boise ruling. This federal case restricts cities from penalizing public camping when adequate shelter isn’t available.
Law professor Tung Yin of Lewis & Clark College expects these clashes to unfold in courtrooms, potentially invoking constitutional rights such as due process and equal protection.
“There’s a strategic element to this,” Yin remarked. “Where lawsuits are heard can profoundly impact outcomes. Appeals to the Ninth Circuit tend to favor civil rights plaintiffs, but Supreme Court intervention could have broader implications.”
Meanwhile, attorney John DiLorenzo, who represented disabled Portlanders in recent litigation against the city, anticipates a gradual enforcement process.
“We’re urging the city to focus on clearing sidewalks while ensuring shelter options are readily accessible,” DiLorenzo stated. “This approach aims to balance enforcement with compassionate solutions.”
Looking ahead, the Multnomah County’s role in shelter provision remains pivotal. County Chair Jessica Vega Pederson’s recent decision to halt tent and tarp purchases reflects ongoing debates over homeless services.
“We need coordinated efforts between city and county authorities,” DiLorenzo emphasized. “Expanding shelter capacity is crucial to reducing street encampments effectively.”
As Portland navigates these legal and humanitarian challenges, stakeholders brace for potential legal maneuvers and policy shifts that could reshape urban homelessness strategies nationwide.