Unhoused Portlanders Challenge Camping Ban

Portland's recently implemented daytime camping ban faces its first legal challenge, from the Oregon Law Center, which represents 24 individuals experiencing homelessness. The new ordinance, approved by the city council, prohibits camping on public property from 8 a.m. to 8 p.m., enforcing limitations on where individuals can camp during remaining hours. Penalties increase for multiple violations and include a written warning, a $100 fine, and up to 30 days in jail. 

The plaintiffs allege this legislation violates both state and federal law, with critics arguing that it amplifies criminalization rather than addressing the core issue of homelessness. Mayor Ted Wheeler, who introduced the ban, will not immediately enforce it, aiming instead to educate the homeless population about the policy throughout the summer.

The policy update was purportedly necessary to align Portland with Oregon's House Bill 3115, which requires cities to make “objectively reasonable” rules for public property usage. The Oregon Law Center, however, disputes the “reasonable” nature of Portland's rule, suggesting that it unreasonably forces individuals to disperse during the day without offering viable alternatives for legal camping. 

The firm's arguments draw on the 2018 federal ruling in Martin v. Boise, which bars cities from arresting people for sleeping on public property unless sufficient shelter is available. This legal challenge, set to proceed in the coming months, could test the application of House Bill 3115 and its implications on ordinances aiming to regulate public camping. 

For property owners and investors in the Pacific Northwest, this case continues to influence investment, migration, and real estate markets in the region. 

Read more at OPB.org