Camping it Up

ATTORNEYS WORKING ON BEHALF of Portland’s homeless have filed
a federal class-action lawsuit against the City of Portland’s
controversial anti-camping ordinance.

The suit, filed last Friday, December 12, and prepared by the Oregon
Law Center (OLC) in Portland, challenges the constitutionality of the
anti-camping ordinance—alleging that in enforcing the ordinance
against people who have nowhere else to sleep than outside, the city
has effectively criminalized homelessness.

“Between the coming winter and the economic crisis, more people are
going to be homeless, and they shouldn’t be criminalized for it,” says
Monica Goracke of the OLC.

The lawsuit follows—but is not directly or legally connected
to—a huge protest by homeless individuals against the ordinance
at city hall back in May, when several people ended up being arrested
[“Unhappy Campers,” News, May 8].

Instead, the suit is filed by four homeless plaintiffs—Marlin
Anderson, Mary Bailey, Matthew Chase, and Jack Golden—and on
behalf of individuals similarly situated.

The OLC notified the city of its plan to challenge the anti-camping
ordinance a year ago, and while it says it is pleased that the city has
made several attempts to improve conditions for the homeless, including
opening temporary shelters and warming centers, the city has not been
willing to reconsider its enforcement of laws prohibiting homeless
people from sleeping on public property. In fact, the city recently
changed its policies to allow police to enforce the ordinance without
24 hours’ notice.

“Sleeping has been recognized by multiple courts… as a
life-sustaining act that is fundamental to human existence,” reads the
suit. “Punishing homeless people for sleeping outside is placing the
burden of the lack of sufficient housing squarely on the shoulders of
those who can do the least to remedy this problem.

“While the city’s efforts under the 10-Year Plan to End Homelessness
are laudable, there is a serious inconsistency between these efforts
and the actual on-the-ground policies dealing with the well over 1,000
people who must sleep outside on any given night,” the suit
continues.

The suit seeks relief under the Eighth and Fourteenth Amendments of
the US Constitution, protecting the right to be free from cruel and
unusual punishment, the right to travel and freedom of movement, the
right for equal protection, and the right to personal liberty. The suit
seeks to have the city’s anti-camping and unlawful structures
ordinances suspended, and for damages to be decided at trial.

“The city is trying to respond to homelessness in Portland in a way
that is unfortunately inadequate,” says Goracke. “At the same time they
want to have it both ways, and have the right to cite people under this
ordinance.

“As long as the law is on the books, the potential for and the
reality of abuse of homeless people is occurring,” she continues. “My
impression is that the city is willing to negotiate but that they see
this as a difficult issue with no easy solution.

“We are asking for our day in court,” Goracke concludes.

City Attorney Linda Meng did not return a call for comment.
Commissioner Nick Fish, who oversees the city’s homeless services, told
the Mercury on Monday he has been told by Meng’s office to not
comment on the lawsuit.

Fish has made considerable efforts to improve conditions for the
homeless in Portland since he took office in June, including surveying
their health to determine vulnerability [“Death’s Door Key,” News, Oct
30] and working with Multnomah County to allocate $300,000 to fund two
new warming centers [“Heating the Homeless,” News, Nov 13]. Fish’s
Bureau of Housing and Community Development says the city’s homeless
shelters all had available space on Monday night, December 15, and that
they were working on a night-by-night basis to ensure adequate capacity
through Christmas.