Oregon Judge Halts Camping Restrictions in Grants Pass Amid Homelessness Debate
A recent judicial ruling has brought significant changes to the approach of Grants Pass, Oregon, in managing homeless encampments. On Friday, Josephine County Circuit Court Judge Sarah McGlaughlin issued a preliminary injunction, preventing the city from enforcing strict camping regulations unless specific conditions aimed at accommodating individuals with disabilities are fulfilled.
Conditions for Enforcement Suspension
According to Judge McGlaughlin’s order, the city must:
- Increase the capacity of approved camping locations.
- Ensure these sites are physically accessible to individuals with disabilities.
Should the city fail to comply with these conditions, the judge’s injunction will bar local authorities from citing, arresting, or fining homeless individuals for camping on public property. The city will also be restricted from displacing campsites that appear occupied and from prohibiting camping in most public parks, although certain regulations regarding sleeping on sidewalks and streets will still be enforceable.
City’s Reaction and Background
Mayor Clint Scherf expressed disappointment regarding the ruling, stating he was “disheartened” by its implications. Meanwhile, city spokesman Mike Zacchino noted that officials are evaluating the ruling’s impact and are committed to making informed decisions for the community.
This case stemmed from a lawsuit initiated by Disability Rights Oregon, which argued the city’s camping regulations were discriminatory towards people with disabilities and inadequately addressed state laws mandating “objectively reasonable” camping regulations. Among the plaintiffs were five homeless individuals from Grants Pass.
Ongoing Challenges in Grants Pass
Grants Pass has faced rising challenges associated with homelessness, which has become a focal point in the national conversation surrounding solutions to this crisis. Many local parks have seen a surge in encampments, often accompanied by issues related to substance abuse and increased litter.
In contrast, Fremont, California, recently enacted one of the harshest anti-homeless encampment ordinances in the country. This ordinance prohibits camping on public property and imposes severe penalties on individuals involved in facilitating such encampments, including substantial fines and potential imprisonment.
Supreme Court Ruling Context
Last summer, the U.S. Supreme Court delivered a pivotal ruling that allowed municipalities to impose bans on outdoor sleeping and levy fines against violators, even in instances where shelter beds are insufficient. Following this ruling, Grants Pass restricted camping on all city property, apart from a few designated areas identified by the City Council.
City Council Decisions and Conditions
After new leadership took office this year, the city council moved to shut down the larger of the two designated camping sites, which accommodated around 120 tents, according to the complaint filed. Furthermore, the operational hours for the smaller site were reduced to a mere 14 hours overnight.
These designated sites have been criticized for their overcrowded conditions and lack of accessibility for individuals with disabilities. “It is unconscionable to me to allow people to live there like that,” remarked City Council member Indra Nicholas in opposition to the decision to close the larger encampment.
Next Steps for Grants Pass
In response to the lawsuit and under judicial guidance, Grants Pass has reopened a smaller camping location and extended the permissible stay duration to four days. Judge McGlaughlin’s order compels the city to restore the capacity of camping sites to what it was prior to the closure of the larger site.
Tom Stenson, the deputy legal director for Disability Rights Oregon, welcomed the ruling, emphasizing that the directive simply requires the city to revert to the previous state of camping accommodations established just months earlier.
