A state legislator has urged leaders to set up a review of Oregon’s 2021 law requiring cities to follow “objectively reasonable” standards when they regulate the time, place and manner of camping on public property.
Rep. Paul Evans, D-Monmouth, said in a letter released to colleagues on Tuesday, July 9, that a review is warranted in the aftermath of a June 28 decision by the U.S. Supreme Court that upheld the authority of Grants Pass to regulate such camping. The decision effectively overturned a 2018 case against Boise, Idaho, by the Court of Appeals, which has authority over nine Western states in the 9th Circuit. (Boise settled the lawsuit in 2019.)
Oregon lawmakers voted for the law in 2021. Evans was one of just three Democrats in the House to vote against House Bill 3115. The others were Rep. David Gomberg of Otis and Rep. Mark Meek of Gladstone, who is now a senator.
As of Wednesday, July 10, in addition to his own signature, Evans received endorsements from Gomberg and Meek, and also Democratic Reps. Emerson Levy of Bend and John Lively of Springfield, and Democratic Sens. James Manning Jr. of Eugene and Janeen Sollman of Hillsboro.
Evans is a former mayor of Monmouth. He also is the House co-chair of the Legislature's budget subcommittee on public safety.
“It was written with good intent, but given the recent reversal, it may be time to adjust our course,” he wrote. “We believe the law now exceeds the legitimate authority of local government to determine appropriate policies balancing the needs of the homeless and the general public safety.”
Evans and Meek issued their own statements after the Supreme Court decision. Evans said then they would circulate a letter seeking support for follow-up action.
The specific action Evans has called for is the appointment by legislative leaders of a work group, which can include others besides lawmakers. Members would sort out legal and other issues in advance of the 2025 session, which opens Jan. 13.
Democratic legislative leaders have remained silent since the Supreme Court decision, as has Gov. Tina Kotek, who was House speaker in 2021 and the chief sponsor of House Bill 3115. Kotek did tell reporters on May 1, about 10 days after the justices heard arguments in the Grants Pass case, that any changes would be up to the Legislature.
The Democratic chairs of the housing committees, Sen. Kayse Jama of Portland and Rep. Pam Marsh of Ashland, issued a wait-and-see statement after the decision.
The Legislature’s Republican leaders, Rep. Jeff Helfrich of Hood River and Sen. Daniel Bonham of The Dalles, called for legislative action to reverse the 2021 law.
Democrats now hold majorities over Republicans in both chambers, 17 to 13 in the Senate and 35 to 25 in the House. Most of the 15 Senate seats up for election Nov. 5 are in districts likely to stay Democratic or Republican. In the House, 30 Democratic incumbents and 21 Republican incumbents are seeking new terms — and Republicans would need to gain a net six seats, something they haven’t done since 2010.
Grants Pass approved a ban on camping back in 2013, when Lily Morgan, then the city council president, said the intent of the ordinance was to make it so uncomfortable that would-be campers would leave the city limits. Morgan later became a Josephine County commissioner and state representative, and now is city manager of Gold Hill.
Weighing in on Grants Pass' side were the League of Oregon Cities, its counterparts in Washington and Idaho, Special Districts Association of Oregon and the city of Portland. The state did not take a position. The Oregon Law Center represented the two defendants in the case.
Evans said he is seeking a more balanced consideration of homelessness and city authority.
“At that time, we believed communities had the capacity to provide dedicated spaces for people to camp, but we have learned this can be more difficult, and far more expensive, than we envisioned,” he wrote. “Finally, whether we want this public debate or not, there is a public debate because of this decision…
“We have learned that it is always better to listen to the frustrations of the public and to implement actions on our terms, than to become captives to actions that too often end up making our challenges even more difficult.”
pwong@pamplinmedia.com
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