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Revised Portland Camping Ban Hits Bump As It Goes Into Effect On July 1, the city began enforcement of its homeless camping ban between the hours of 8 AM and 8 PM. A more stringent ban had been proposed in 2023, but this was short circuited by a Multnomah County Judge's injunction subsequent to a class action lawsuit brought by the Oregon Law Center on behalf of a group of homeless individuals (PPR #91). The new ban requires people who are offered shelter to either accept it or face penalties. As with the previous proposed ban, there is no attempt to determine why a person will not go to a shelter. Such reasons as psychological issues, problems with crowded spaces, safety, pets and other issues are not considered. In a performative display of mercy, the Council reduced the number of days in jail for not accepting shelter when offered from 30 days behind bars to "only" seven. Apparently, no consideration was given to the fact that this incarceration will follow the person and will impact future housing and employment, not to mention fines of up to $100. On July 3, City Council agreed to pay the Oregon Law Center $175,000 in legal expenses. The Council's plan to jail those who are offered shelter but refuse has backfired. On July 26, a man who was arrested after refusing shelter was brought to the Multnomah County Detention Center and was not jailed, but cited and released. The Council should have been aware that people arrested for violations of city ordinances are normally not booked. Sheriff Nicole Morrisey O'Donnell made a common sense and humane statement: "arresting and booking our way out of the housing crisis is not a constructive solution." The Mayor complained about a "disconnect" between the Sheriff and the city. Portland Police Association President Sgt. Aaron Schmautz, weighed in, complaining that this stance does not give officers "a clear path for enforcing rules" (Oregonian, July 31). Unfortunately, a few weeks later the Sheriff seemed to cave to political pressure and agreed to a four month trial period for jailing people who repeatedly refuse services (Oregonlive, August 20). In a show of an even greater lack of mercy, the United States Supreme Court ruled in June on a case involving a ban on camping by Grants Pass, Oregon, that cities can enforce bans on camping even if there is no shelter space available. It appears this will not affect Portland or Oregon due to House Bill 3115, enacted in 2021, which prevents homeless policies from being excessively punitive or unreasonable. Commissioner Rene Gonzalez previously stated that providing food to address hunger and blankets/tents for the cold was just "enabling" people. He went further, "calling on Governor Kotek and the Legislature to take up the issue again" (Oregonian, June 30). Thus, it appears his war on those who have nothing will continue. The issue of houseless people being provided tents continues as Commissioner Gonzalez is strongly critical of the County for providing them. He states that the provision of tents has resulted in increased risk of fires and injuries to firefighters. He believes that giving tents to the people using them enables self-destructive behavior. It is his belief that there should be more shelters and services. Attorney John DiLorenzo also weighed in on this issue, indicating the provision of tents and tarps is costing the city millions of dollars in clean-up cost and he asserts that Multnomah County should pay for the camp sweeps (Oregonian, June 14). All this seems to have persuaded Multnomah County Chair Jessica Vega Pederson to order that the buying of tents and tarps stop. The Tiny Home villages and the Clinton Triangle continue to provide housing for many. The operation of these has been transferred from the City to the County (OregonLive, June 15). It is vital that there is complete understanding about who makes up the homeless population. An article in the July 5 Oregonian stated that in the last three years, the number of older adults who are homeless in Multnomah County has increased by 15% and that adults over 60 make up a quarter of the homeless population in the County-- and projections suggest those numbers will increase. To subject this population to incarceration if, for some reason, they are fearful of going to shelters, is unconscionable. Portland currently has three Enhanced Service Districts (ESDs). One of these is Downtown Clean and Safe (C&S). Property owners are assessed millions of dollars in order to augment basic City services. On June 6 the C&S annual report was given to City Council. We have noted previously that Clean and Safe has paid for four Portland police officers to provide services just within this District. Although it is claimed these officers were to be phased out this year, there is no verification. In the report to Council, C&S referenced "unwanted persons," most likely meaning houseless individuals, had increased nearly 70 percent from 2022 to 2023. Perhaps Clean and Safe should be required to pinpoint their definition of "unwanted persons." The East Side ESD's February report claimed they have no direct responsibility for all the sweeps that occur. We believe this is a specious claim.
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September, 2024
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People's Police Report
#93 Table of Contents
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