Oregon Judge Halts Camping Ban in Grants Pass Amid Homelessness Ruling

An Oregon judge has issued a preliminary injunction halting the city of Grants Pass from enforcing its ban on homeless encampments following a significant U.S. Supreme Court ruling on the issue. The judge’s decision mandates that the city must fulfill specific conditions before it can implement any camping restrictions.

Judge Sarah McGlaughlin of the Josephine County Circuit Court made the ruling on Friday, requiring Grants Pass to enhance capacity at the designated camping locations approved by the city. Furthermore, these sites must be accessible to individuals with disabilities, allowing for a more equitable living environment.

If Grants Pass does not meet these stipulated conditions, the judge’s order restricts the city from citing, arresting, or fining individuals camping on public property. This ruling also prevents the city from forcibly evicting camp residents, dismantling camps that are not evidently abandoned, or prohibiting camping in most city parks.

However, the city retains the authority to enforce regulations against sleeping on sidewalks, streets, alleys, or in doorways.

Community Reactions to the Ruling

Mayor Clint Scherf expressed his disappointment with the ruling, indicating that the city would review all aspects to ensure it could make the best decision for the community’s welfare. The city’s information coordinator, Mike Zacchino, told reporters that they are currently assessing the implications of the ruling.

The lawsuit, which instigated this case, was filed by Disability Rights Oregon. The plaintiffs, including five individuals experiencing homelessness in Grants Pass, argued that the city was discriminating against people with disabilities by enforcing regulations that did not comply with state laws requiring camping regulations to be objectively reasonable.

Grants Pass at the Forefront of a National Discussion

Grants Pass has long struggled with homelessness, becoming emblematic of the national debate concerning how to effectively address the issue. The city’s parks, in particular, have witnessed encampments that have been severely affected by drug use and litter.

Meanwhile, Fremont, California, recently implemented one of the nation’s strictest anti-homeless encampment ordinances. This new law prohibits camping on all public property and imposes fines or potential jail time for anyone facilitating or concealing encampments.

Last year, the U.S. Supreme Court ruled that municipalities may prohibit outdoor sleeping and fine individuals who do not comply, even in situations where adequate shelter is unavailable. This ruling overturned a previous appeals court decision, which had stated that enforcing such camping bans constituted cruel and unusual punishment under the Eighth Amendment of the U.S. Constitution.

Response Mixed from Local Leadership

Following the Supreme Court ruling, Grants Pass banned camping on all city property except for specific sites designated by the City Council. In a bid to alleviate homelessness, the council established two locations for the hundreds of homeless individuals residing in the city. However, after a change in leadership, the new mayor and some council members decided to close the larger of the two sites, which sheltered around 120 tents, as noted in the lawsuit. The operational hours of the smaller site were also curtailed to operate only from 5 p.m. to 7 a.m.

These sites often became overcrowded, with complaints about poor living conditions, including accessibility issues. The loose gravel surrounding these areas posed significant challenges for people with disabilities.

City Council member Indra Nicholas stated before the vote to close the larger campsite that allowing people to live in such poor conditions was unacceptable.

A Shift in Strategy After Legal Action

After the lawsuit was filed, the city reopened a second smaller site and expanded the allowable time that individuals could stay there to four days. Judge McGlaughlin’s order specifically requires the city to boost capacity back to its prior levels before the closure of the larger site.

Tom Stenson, the deputy legal director for Disability Rights Oregon, welcomed the ruling, emphasizing that the court’s decision is not extreme. He commented that the judge is essentially instructing the city to return to the amount of camping space available just three months ago.

This decision is likely to impact similar discussions in cities across the country struggling with homelessness. The balance between enforcing city regulations and accommodating those without shelter presents a complex challenge for local governments.

Looking Ahead: The Evolving Landscape of Homelessness Policy

The future of homelessness policy in Grants Pass and similar cities remains uncertain. As community discussions unfold, both supporters and critics of homeless encampments will continue to voice their opinions. The intersection of homelessness, public safety, and community values will likely shape the policies that emerge in the coming months.

The need for inclusive solutions that respect the rights and dignity of all community members will be crucial. Future actions by local governments must consider both the needs of the housed and unhoused to promote a more equitable society.

The Associated Press contributed to this report.