On Wednesday, the Portland City Council passed an ordinance that makes it a crime for homeless people to camp outside. The law makes it illegal to camp on public property between the hours of 8 a.m. and 8 p.m. and imposes further regulations on camping at other times. Before voting on Wednesday, Mayor Ted Wheeler said, “These reasonable restrictions are a step in the right direction towards a revitalized Portland.”
Wheeler’s idea sparked heated debate at last week’s long council meeting in Portland. Some Portland business owners believe the ban will help them recruit consumers who have been scared away by the numerous sidewalk camps in the city. Others who stated they too felt uneasy near the encampments shared their sentiments. Check the Tweet below:-
Portland considers banning daytime homeless camps to address βhumanitarian catastropheβ https://t.co/uDdIS7Nv94 pic.twitter.com/tTJLMDHLr4
β New York Post (@nypost) June 1, 2023
Critics of the plan, including those people who are actually experiencing homelessness, have stated it places unfair burdens on the shoulders of those who may have difficulty gathering their possessions during the day and securing them safely. Lawyers specializing in civil rights issues advised city commissioners that the policy might violate state and federal law, leaving the city vulnerable to legal challenges.
Portland has a ban against camping on public land that is currently in effect, but city attorneys believe it has to be updated because of a change in Oregon law. House Bill 3115, which was enacted by the 2021 legislature, mandates that local governments establish “objectively reasonable” regulations on the timing, location, and posture of outdoor sitting and lying. The city attorneys think the new regulation is “objectively reasonable” because it allows camping between the hours of 8 p.m. and 8 a.m.
There are new restrictions imposed by the regulation, however, public overnight camping is still permitted. Camping overnight is prohibited in all city parks, on public docks and riverbanks, along major roadways, and within 250 feet of any school or officially designated homeless hamlet. Tents cannot be set up such that they completely block a walkway. The city has not disclosed any information regarding where people may lawfully pitch a tent between the hours of 8 p.m. and 8 a.m.
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What may and cannot be done by campers is restricted by the policy. Campers are not allowed to use open flames or gas heaters, erect any kind of temporary building, throw trash on the ground, or dig holes. To reduce the prevalence of chop shops in and around homeless encampments, they are also not allowed to disassemble or sell more than three bicycles or two automobiles.
A Portland police officer will issue a written warning for the second and subsequent violations of any of these new guidelines. Three camping policy violations will result in a $100 fine or up to 30 days in prison, whichever is greater.
