The homeless population is now under a new policy. Portland’s new daytime camping ban just went into effect. A new legal challenge is also front and center. The new ban is now the subject of a legal challenge that says the city’s new ordinance violates state and federal law. On July 1, a law firm representing a group of 24 people experiencing homelessness sent a tort claim notice to the Portland City Council.
The camping ban was put in place by Portland Mayor Ted Wheeler. He introduced the camping ban in late May. A spokesperson for the mayor’s office acknowledged that Wheeler had received the letter from the Oregon Law Center which is taking the lead to help out those that are homeless. According to Multnomah County data, the county currently has 2,000 shelter beds open to the public, and around 90% of those are occupied on average. As of January, nearly 4,000 people were estimated to be sleeping unsheltered in the county on a given night.
The lawsuit accuses the new council-approved ordinance of violating both state and federal law. The city’s ordinance prohibits camping on all public property between the hours of 8 a.m. and 8 p.m. – and imposes new limitations on where people can camp during all other hours. The policy also bans people from participating in certain activities – like using a gas heater or selling bikes – while camping at night.
That law, which went into effect July 1, allows people experiencing homelessness to sue if they believe a city’s policy is not “objectively reasonable.” But that person must notify a city at least 90 days before filing a lawsuit. The Oregon Law Center sent its notice to the city on July 1, meaning it would be able to file a lawsuit as soon as September 29.
The Oregon Law Center, a nonprofit that offers free legal aid to low-income Oregonians, has a long history of representing people whose lack of housing has left them vulnerable to criminal penalties. If people violate the new policy twice, they will be given a written warning from a Portland police officer. If they violate the camping policy three times, they’ll face a $100 ticket or face up to 30 days in jail.
