Court upholds homeless camping ban

The U.S. Supreme Court has ruled in favor of a homeless camping ordinance in Grants Pass, a ruling that could impact homelessness efforts by cities in Lincoln County as well as across Oregon and the nation.

The court states in its ruling, “The enforcement of generally applicable laws regulating camping on public property does not constitute ‘cruel and unusual punishment’ prohibited by the Eighth Amendment.”

The plaintiffs filed a punitive class action on behalf of homeless people living in Grants Pass, claiming that the city’s ordinances against public camping violated the Eighth Amendment.

Lincoln City City Manager Daphnee Legarza said the impact in Lincoln City of the court decision is pending.

“It is too early to know how this decision will impact any of our local codes,” she said. “Our current ongoing efforts to address homelessness in our community will continue.”

The Lincoln County Leader asked Legarza what her message is to the community about the city’s efforts to balance the rights of the homeless with the city’s work to maintain the livability of Lincoln City.

“We will continue our work to keep our residents and visitors safe while also enhancing livability within our vibrant city,” she said. “Housing of all types continues to be one of the city council’s six strategic priorities.”

Oregon Housing and Community Services Executive Director Andrea Bell issued a statement concerning the court decision.

“For many, we knew this day was coming, and yet it is still devastating,” Bell states in a release. “This is a wake-up call for all of us — cities in particular. We cannot succumb to cynicism or confuse this ruling as a mandate. Many of us have either experienced the struggle to make ends meet or know someone who has. In the face of this shared reality, out-of-sight, out-of-mind positions that criminalize sleeping or sheltering in public spaces only exacerbates the experiences of homelessness.”

Bell said the OHCS’ position remains unchanged — the state agency rejects homelessness as an inevitable outcome.

“Every person, regardless of their background or where they come from, deserves a place to call home,” Bell said. “Oregon’s shared values serve as a guidepost of hope and progress. In cities, suburbs, and rural towns across the state, our economies and communities are strongest when everyone’s fundamental needs are met. To the people of Oregon struggling to get by: We see you. We value your life. We will continue to work tirelessly on your behalf.”

According to Bell, In 2023, Oregon prevented more than 9,000 households from becoming homeless, created over 1,000 new shelter beds, and helped some 2,000 people move from homeless to housed. This was done in partnership with Gov. Tina Kotek, the Oregon Legislature, numerous state agencies, and local community partners who implemented the funding and policy developed through the governor’s homelessness state of emergency (EO 23-02) and the Affordable Housing and Emergency Homelessness Response Package (HB 2001 and HB 5019, 2023).

Federal Insight

On a single night in 2023, roughly 653,100 people, or about 20 of every 10,000 people in the United States, were experiencing homelessness, according to U.S. Department of Housing and Urban Development 2023 Annual Homeless Assessment Report to Congress.

Six in 10 people were experiencing sheltered homelessness — in an emergency shelter, transitional housing, or safe haven program — while the remaining four in 10 were experiencing unsheltered homelessness in places not meant for human habitation.

Experiences of homelessness increased nationwide across all household types. Between 2022 and 2023, the number of people experiencing homelessness increased by 12 percent, or roughly 70,650 more people.

About one-third (31 percent) of all individuals experiencing homelessness reported having experienced chronic patterns of homelessness, or 143,105 people. This is the highest number of individuals experiencing chronic patterns of homelessness counted in the point-in-time count since these data were first reported in 2007.

Two-thirds of individuals experiencing chronic patterns of homelessness, or almost 93,000 people, were counted in unsheltered locations. This is also the highest number recorded.