LOC News
Federal Court Finds City of Medford’s Public Camping Ordinance Constitutional
On January 16, the U.S. District of Oregon issued a decision in Bilodeau v. City of Medford, serving as a promising win for cities across the state with their attempt to enact a constitutional ordinance addressing public camping.
In response to HB 3115 (2021)—the Oregon law directing cities to update laws regulating public camping to be objectively reasonable as to time, place, and manner restrictions—the city of Medford adopted such an ordinance which permitted sleeping in specific areas.
Shortly after the passage of Medford’s ordinance, a group of individuals experiencing homelessness sued the city claiming the ordinance violated the U.S. Constitution’s Eighth Amendment’s prohibition against cruel and unusual punishment because the ordinance punished involuntary human acts of resting, sleeping, or seeking shelter.
The court rejected the plaintiffs’ claim and upheld the ordinance as constitutional. Specifically, the court held that
“Being that the City allows its unhoused residents to reasonably sleep with bedding to keep warm and dry in designated public areas around Medford, the Court finds the Camping Ordinance reasonable.
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The circumstance at place in the City of Medford are determinatively different from past cases in that they preserve times, places, and manners in which homeless residents may humanely rest.”
The LOC filed a “friend of the court” brief in support of the city. A copy of the court’s findings and recommendations, which includes a copy of the city’s ordinance may be accessed here. Cities with questions about how this decision impacts their local public camping ordinances should work with their city attorney.
Contact – Jayme Pierce, General Counsel - jpierce@orcities.org
Last Updated 1/19/24