PORTLAND, Ore. — The city of Grants Pass, situated in Oregon and a focal point of a pivotal U.S. Supreme Court ruling from last year regarding homeless camping bans, is now facing a new lawsuit concerning its regulations on camping. Advocates are exploring various methods to contest these laws in a legal framework that has evolved due to the Supreme Court’s recent decision.
Disability Rights Oregon filed a lawsuit against Grants Pass on Thursday, claiming that the city’s camping regulations violate a state law mandating that such rules be “objectively reasonable.” Tom Stenson, the deputy legal director of the organization, expressed optimism that advocacy for homeless rights will persist despite the Supreme Court’s ruling. “I don’t believe that the unfortunate ruling from the Supreme Court will halt efforts on behalf of the homeless,” he remarked. “The housing crisis remains critical, and the need for solutions is ever-present.”
Mike Zacchino, Grants Pass’s information coordinator, stated via email that the city would not provide a comment on the lawsuit. The Supreme Court ruling last June unexpectedly put Grants Pass, a southern Oregon town with a population of around 40,000, in the national spotlight regarding homelessness. The decision gave municipalities authority to impose bans on outdoor sleeping and penalize individuals for doing so, even in scenarios where there aren’t sufficient shelter options available.
In Grants Pass, officials have long grappled with a homelessness issue that has polarized the community. Following the high court’s ruling, newly elected officials, including the mayor and City Council members, sought to implement stricter camping restrictions immediately upon taking office. This Supreme Court decision overturned a previous ruling by a California appeals court, which had determined that camping bans in the absence of adequate shelter space constituted cruel and unusual punishment under the Eighth Amendment of the U.S. Constitution. As a result, Grants Pass is now empowered to enforce local laws prohibiting camping in public areas like parks and sidewalks.
The city has only one overnight facility for adults, the Gospel Rescue Mission, which imposes rules that deter many from using it due to its requirements for attending religious services and prohibitions against pets, alcohol, drugs, and smoking. After the Supreme Court ruling, the City Council allocated two city-owned locations for the homeless population to camp legally. However, just last week, the council announced the closure of the larger of the two designated camps, which housed approximately 120 tents, according to legal documents. The remaining site is now open solely from the evening until the morning, compelling individuals to clear out their belongings daily with no legal options for storing them safely.
“Grants Pass aims to make the experience of being homeless so intolerable that individuals will seek refuge elsewhere,” stated Disability Rights Oregon in its filing. The organization highlighted that the new regulations intensify hardships for the vulnerable population, including the elderly, ill, and disabled, especially during the harsh winter months.
The lawsuit names five homeless individuals with disabilities as plaintiffs. Among them is Janine Harris, who has been a resident of Grants Pass for over twenty years but has been homeless for the past four years. The 57-year-old, who describes struggling with post-traumatic stress disorder and depression, previously stayed at the now-closed campsite.
“I have no clue where to go next,” she shared, expressing her physical and emotional distress. Harris joined the lawsuit to advocate for recognition of the humanity of homeless individuals. “Just because we don’t reside in a conventional home doesn’t strip us of our personhood,” she asserted.
The complaint alleges that the city’s camping restrictions unjustly target individuals with disabilities and breach state laws, which require municipalities to create camping ordinances that are “objectively reasonable.” The document details that the city has discriminated by enforcing standards that require individuals to frequently relocate and manage their belongings, which is particularly challenging for those with physical disabilities or chronic illnesses.
Disability Rights Oregon is calling on the courts to put a stop to the enforcement of these camping rules. As homelessness continues to pose a serious national issue, with an 18% increase noted last year largely due to a shortage of affordable housing, natural disasters, and a surge in migration, this lawsuit highlights the ongoing struggle for homeless rights in the face of stricter regulations.
