An Oregon judge has issued a preliminary injunction aimed at restraining the city of Grants Pass from enforcing its camping regulations until certain conditions are fulfilled, following a lawsuit brought by disability advocates. This lawsuit stems from a U.S. Supreme Court ruling related to homeless encampments, challenging the city’s restrictive measures on where the homeless can reside. Josephine County Circuit Court Judge Sarah McGlaughlin’s decision demands that Grants Pass enhance the capacity of city-approved camping sites and ensure these are accessible to individuals with disabilities.
The court’s order prevents the city from penalizing or arresting those camping on public property unless these conditions are addressed. Specifically, the city is barred from expelling individuals, dismantling campsites that are not abandoned, or restricting camping in most city parks. However, the city retains the authority to enforce prohibitions on sleeping in specific areas such as sidewalks, streets, alleys, and doorways.
Mayor Clint Scherf expressed his disappointment with the judge’s decision, while Grants Pass’ information coordinator, Mike Zacchino, mentioned that the city is evaluating all facets to make the best choice for their community. The lawsuit, initiated by Disability Rights Oregon, accuses the city of discriminating against people with disabilities, contravening state law which demands that camping rules be objectively reasonable. Among the plaintiffs are five homeless individuals residing in Grants Pass.
Grants Pass, a city of approximately 40,000 residents along the Rogue River in southern Oregon, has faced ongoing challenges with homelessness, encapsulating broader national debates on managing this issue. The city’s parks have particularly become contentious sites with numerous encampments associated with drug abuse and littering.
Previously, in a case emerging from this situation, the U.S. Supreme Court decided communities could outlaw sleeping outdoors and impose fines even when shelters are insufficient, thereby reversing a prior decision by a California-based appeals court. The former ruling considered such bans as cruel and unusual punishment under the U.S. Constitution’s Eighth Amendment. Many officials argued this limited their capacity to manage encampments effectively.
Following the Supreme Court ruling, Grants Pass implemented a ban on camping across all city properties, except those allocated by the City Council, establishing two designated areas aimed at relocating the town’s homeless from parks. When the new mayor and council took office, they closed the larger of the two sites, which accommodated approximately 120 tents. Concurrently, usage hours at the smaller site were reduced, obligating its users to remove their possessions daily.
These sites often suffered from overcrowding, substandard conditions, and were not disability-friendly due to surfaces covered in loose gravel, based on lawsuit claims. Council member Indra Nicholas expressed her disapproval of allowing people to live under such conditions. In response to the legal challenge, the city reopened a smaller site with extended occupancy options of up to four days.
Judge McGlaughlin’s ruling asserts that the city must restore the camping capacity to levels prior to the closure of the larger site. Tom Stenson, deputy legal director for Disability Rights Oregon, hailed the ruling as a triumph, stating the court is merely advising the city to revert to the resources available three months prior. The homelessness rate nationwide surged by 18% last year, largely propelled by the absence of affordable housing, catastrophic natural events, and increased migrant populations in certain regions.