Advocates worry new camping ban ‘rushing to penalize’ homeless people

PORTLAND, Ore. (KOIN) — On the first night that a new urban camping ban goes into effect in Portland, organizations that work with the homeless say the ordinance still needs clarification.

Though Portland City Council faced a number of setbacks, initially, they unanimously passed the new regulations for camping on public property Wednesday. That was only after a number of revisions to Mayor Ted Wheeler’s proposal were added. The ban went into effect immediately.

The concerns raised by advocacy groups for the homeless include that the ordinance may make things harder for people when it initially gets enforced. There are also a number of other short-term and long-term challenges that need to be addressed.

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“We’re again rushing to penalize people who are just trying to survive on the streets,” said Juan Chavez, an attorney with the Oregon Justice Resource Center.

The new revised camping ban prohibits homeless people from camping on public property or public streets and sidewalks if they have access to “reasonable alternative shelter.” If shelter is not available, the ordinance still bans camping on sidewalks and private property.

“We need to find out what ‘reasonable’ means,” said Blanchet House Executive Director Scott Kerman. “And then we need to make sure that we are developing the kinds of shelter, village, other types of opportunities that will help people with a wide variety of needs and challenges in their lives.”

Creating enough shelter beds and affordable housing is something Multnomah County has struggled with delivering over the years.

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“We don’t have the adequate infrastructure to house and protect people in a safe manner,” Chavez said. “And yet we are passing a law that could lead to excessive punishment when truly there aren’t enough options for people.”

Under the new ban, people who are offered shelter can accept it or face penalties. Violators can be punished with a fine of up to $100, up to seven days in jail or both.

“If you are really, really poor, $100 might as well be $100,000,” Kerman said. “A lot of people who are, who are really suffering from significant and persistent mental health, as well as substance use disorder, and jails are not necessarily the ideal location for them to be.”

There was a daytime camping ban passed by the city council last June but it’s on hold with legal challenges underway — like whether the original ban violates someone’s right to sleep. Mayor Wheeler said this latest idea to get rid of tents is the best legal alternative at this point.

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“We actually have beds and we have services for people who are dealing with addiction,” Wheeler said.

“Is it just a way of trumpeting, you know, harsh punishment for people? If it’s ever enforced, I think it’ll be challenged either both in the criminal courts but also probably in the civil courts,” Chavez said.

The new ordinance also bans the use of fires or gas heaters at campsites and bans campers from setting up any structures. It also requires campers to keep all their personal belongings within two feet of their tent.

The new policy is already in effect. The mayor said notifications will be sent out so everyone knows the rules as it is enforced.

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