Oregon governments, leaders react to SCOTUS upholding Grants Pass camping ban

PORTLAND, Ore. (KOIN) — Local reaction is pouring in after the U.S. Supreme Court ruled the city of Grants Pass can enforce a camping ban within city limits, finding the ban did not violate the Constitution’s eighth Amendment on “cruel and unusual punishment.”

Ultimately, the Supreme Court sided with the city in the decision, 6-3, with the conservative supermajority splitting the decision along ideological lines.

The City of Grants Pass released a statement, emphasizing the ruling paves the way for the next steps:

Like many across our country, we are grateful to know the Supreme Court’s opinion in our case, and we’re thankful that the Court’s ruling will help guide our next steps regarding unhoused members of our community. 

Once our legal counsel has thoroughly reviewed the SCOTUS opinion reversing the Ninth Circuit’s ruling and remanding it for further discussion, the City Council will receive a briefing and discuss our options for moving forward. 

While it is too soon to know specifically what steps we may take, we are committed to assisting residents struggling to find stable housing, and we will continue working to make Grants Pass a safe and welcoming community for all.

Portland City Commissioner Rene Gonzalez also weighed in a post on social media, adding this ruling should spur further action from the state:

A dark period in the west, for Oregon, for Portland has ended: the Supreme Court has overruled the 9th Circuit in Grants Pass v. Johnson.

It is time for the Governor Kotek and the Oregon State Legislature to correct or repeal HB 3115.

In 2021, the Oregon Legislature passed HB 3115, which directs cities to make and enact ordinances based on available local shelter services and public space.

Moments after the Supreme Court issued their decision, Jes Larson, assistant director of the Department of Housing Services in Washington County, issued a statement nothing how the county’s current approach is more advantageous than criminalization:

We appreciate the national attention the Grants Pass Supreme Court case has brought to the critical issue of unsheltered homelessness, a devastating reality for most communities in the United States and a symptom of our national housing crisis. Today’s ruling doesn’t change what we have seen to be effective in reducing unsheltered homelessness on the ground here in Washington County, Oregon.

As this case wound its way through the court system over the past several years, Washington County has effectively eliminated homeless encampments and reduced unsheltered homelessness by over 35% with a solutions-based approach rather than criminalization. We will continue to connect our unsheltered community members with available shelter and housing and work in coordination with our city and law enforcement partners. We will continue to be courageous in pursuing lasting solutions.

Meanwhile, Oregon House Republican Leader Jeff Helfrich noted he saw this ruling as a win for community restoration:

Our parks were never meant to be campgrounds and now our cities can finally begin restoring our communities’ public spaces. The Supreme Court’s ruling is a victory for common sense and highlights what conservative leadership looks like.

While Portland Mayor Ted Wheeler acknowledged the ruling “laid the federal constitution issue to rest,” he claimed this will have little impact to Portland as the city is still required to follow HB 3115. The statement continued, in part, touching on the city’s proposed camping ordinance:

Enforcement of the City’s camping ordinance will begin on July 1, 2024. We will enforce campsites that pose the largest health and safety risks. We are committed to continuing to expand shelter services to provide a reasonable place for people living on the streets to stabilize and get connected to resources. The city is continuing to move unsheltered Portlanders off the streets, into shelter, and into permanent housing.

Multnomah County Chair Jessica Vega Pederson said in a social media post that the ruling does not change the urgency in the work ahead:

People still need places to stay warm and dry and ultimately leave homelessness. People still need additional services to transition into shelter or housing.

And we’ve worked with the Mayor’s Office and partners at all levels of government and across the community to build a Homelessness Response System and develop and deliver on a Homelessness Response Action Plan that fundamentally reshapes and refocuses our work, so we can serve thousands more people in need moving forward.

Kat Mahoney, executive director of the local social justice organization Sisters of the Road, shared her response to the SCOTUS decision.

Let’s be clear: Camping bans do not solve houselessness. The heartbreaking reality is that because of today’s decision, we can expect to see a rise in armed police arresting and fining unhoused people and more people being traumatized and injured during police interactions. Sisters will remain steadfast in supporting strategies that address the root causes of houselessness and uplifting the experiences and humanity of our unhoused community.

In a joint statement from the Oregon House and Senate Housing chairs, Sen. Kayse Jama and Rep. Pam Marsh shared their commitment to ensuring that Oregonians have access to safe and affordable housing.

Our goal remains making sure every Oregonian has access to safe, affordable housing so no one has to resort to sleeping on the streets. Homelessness will be solved by building more housing, supporting shelters and programs to get people on the path out of homelessness.

Local jurisdictions have a duty to maintain livability for everyone in their communities – and, importantly, there needs to be a reasonable balance between those concerns and the reality that too many Oregonians don’t have anywhere safe to sleep. Today’s Supreme Court ruling does nothing to solve the housing and homelessness crisis in Oregon. The legislature remains focused on addressing the root causes of homelessness, increasing the housing supply, and funding programs that help get people on a path out of houselessness.

Portland City Commissioner Dan Ryan echoed a similar sentiment to Gonzalez, noting how the state must now follow suit in giving the decision-making process on this subject back to communities. He added, however, there will still be on particular challenge he wants to address:

From day one in office, I led the efforts through Safe Rest Villages to provide shelter and services to stabilize those suffering on the streets, with the goal of getting people off the streets and back into the workforce with stable housing. The big challenge we will continue to face is convincing those who refuse services to say yes and stop harming themselves and others in our city.

The City of Gresham shared a statement very akin to Washington County’s, in that their current response to homelessness will remain unchanged:

Our homeless services program continues to lead with compassion, providing wrap-around services, including housing options, job support and more to those in need. We believe in a balanced approach that also emphasizes accountability, ensuring our codes are complied with to preserve community safety and livability. Gresham remains committed to supporting our most vulnerable residents while maintaining a safe and livable environment for all.

Lastly, Oregon Governor Tina Kotek issued a statement, noting how the Supreme Court’s decision to take the case shows homelessness is a national issue. She additionally disclosed the purpose of the state law regarding the topic and emphasized the continued need for affordable housing:

The intent behind House Bill 3115 (ORS 195.530) was to affirm that cities choosing to regulate survival activities, like sitting, lying, sleeping, or keeping warm and dry, must develop laws that are reasonable and take into account the resources available to individuals experiencing homelessness. I have supported cities to pass reasonable time, place and manner ordinances, and there are many communities across Oregon that have appropriately responded.

Regardless of the Court’s decision, we must do all we can to address homelessness. This includes addressing the primary driver of homelessness – our lack of affordable housing. My focus will continue to be on supporting Oregonians moving into housing and connecting them with the services they need to prevent homelessness.

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