LOC News
Legislature Addresses Homelessness and Public Space
The Legislature is considering several bills related to homelessness and public space. On Tuesday, March 9, the LOC will be testifying in support of HB 3115, which is the product of a legislative workgroup with the Oregon Law Center, the LOC, and individual cities and counties.
In the April 2019 Martin v. City of Boise decision, the U.S. 9th Circuit Court ruled that homeless persons cannot be punished for sleeping outside on public property in the absence of adequate alternatives, or unless the law imposes “reasonable time, place and manner” restrictions on the regulated activities in public space. For now, this is the law in Oregon, and as a result, some communities are already in the process of updating their ordinances following the court decision. HB 3115 builds on these basic principles in recognition that penalizing homeless individuals for the unavoidable consequences of homelessness is not in the public interest. The bill seeks to bring clarity and guidance for local governments in the management of outdoor public spaces.
Additional bills have been introduced this session which the LOC is not supporting, including a “Right to Rest” bill (HB 2367), and two bills that would create additional requirements for local governments related to camp site removals and storage of property (SB 410 and HB 3124).
Contact: Ariel Nelson, Lobbyist – anelson@orcities.org
Last Updated 3/5/21