BEND, OR -- Friday’s Supreme Court decision upholding a ban on homeless camping in Grants Pass is sure to have implications around the state. But it may not be the effect many expected.
"We got clarity - not in the sense that it was a unanimous opinion, but the majority was I think fairly clear about what they were trying to say," says Ian Leitheiser, an Assistant City Attorney for Bend. He tells KBND News the Justices determined the case known as Martin v. Boise imposed unrealistic restrictions on cities, like requiring individual assessments and tracking available shelter beds. "When Bend adopted its camping code a couple of years ago, it didn’t include some of those elements the court said aren’t really workable and things that going forward a city will necessarily have to consider. So, in that regard, I think Bend is in a fairly good place."
In the ruling, the High Court says camping bans are not unconstitutional. Leitheiser notes, "It essentially says, ‘while we’re changing the judicial view of what the Eighth Amendment means, in terms of cruel and unusual punishment, with regard to people sleeping outside and are effectively setting aside Martin v. Boise and the lower court’s decision in the Grants Pass case. We’re not weighing in on other things that might govern how cities do this, including state laws.’"
Leitheiser helped write Bend’s code and says it was based on state law, which allows time, place and manner restrictions on public camping if they are "objectively reasonable." He says, "Even though we have what is undeniably a big case from the Supreme Court, and a lot of people, a lot of cities across the country and especially in the west were waiting to hear what the court would do, it doesn’t change state law." But, Leitheiser says, "An interesting question that may come out of this is not really, ‘what is Bend or another city going to do?’ But, ‘is the state legislature going to do anything differently?’"
He believes more cities will approve camping bans following Friday's decision, "It can’t be a free-for-all. But we also have to acknowledge that there are people that don’t have any place to go and we need to work with that. And I say that because a lot of cities, in the run-up to the court’s decision in this case, seemed to be taking a position that they didn’t know what to do."
Bend’s camping code took effect last year. Leitheiser says campers are rarely ticketed, but it’s not uncommon for belongings to be removed and stored for the owner to retrieve later.
State lawmakers also responded to Friday’s Supreme Court decision on homeless camping bans. The Democratic chairs of Oregon’s House and Senate Housing Committees released a joint statement saying their goal is to make sure Oregonains have access to safe and affordable housing. They went on to say the decision does nothing to solve Oregon’s housing and homelessness crisis. State House Republican Leader Jeff Helfrich praised the ruling, saying cities can finally begin restoring community public spaces.
