City of Eugene officials comment on the recent Supreme Court ruling in the Grants Pass v. Johnson case and the effect it will have in Eugene. One official said the ruling will not change Eugene’s regulations and enforcement.
On June 28, the Supreme Court ruled in favor of Grants Pass, ruling that city ordinances punishing sleeping outside do not violate the Eighth Amendment and can be considered illegal. The decision to send the case back to the Ninth Circuit Court was made in a 6-3 vote.
The case took prominent consideration to a former homelessness advocacy lawsuit, Martin v. Boise, in which six unhoused plaintiffs sued the city of Boise. The decision made in Martin also rested on the Eighth Amendment’s “cruel and unusual punishment” clause.
In Martin v. Boise, the Ninth Circuit Court ruled it was “cruel and unusual punishment” to criminalize camping on public property without providing an adequate amount of shelter beds.
The city of Grants Pass filed Martin v. Boise for certiorari, meaning it was sent to the Supreme Court for review.
According to Kelly McIver, communications manager from the unhoused response in Eugene, the result of Grants Pass v. Johnson is “unlikely to result in changes to the City of Eugene’s current regulations and enforcement practices.”
In Eugene, some city codes fall in line with the Oregon State Legislature, namely ORS 195.530. This statute states that regulations around “sitting, lying, sleeping or keeping warm and dry” on public property needs to be “objectively” reasonable and in regard to the unhoused.
Eugene city codes complying with this law are 4.815 and 4.816. These city codes outline regulations on where exactly people are permitted to camp or sleep on public property or private property, sanitary expectations and when city involvement is warranted.
Code of conduct hangs outside of the camp off Highway 99 in Eugene. The camp is the result of a deal struck with the city of Eugene looking for a long term solution for homeless camping. (Dana Sparks/Emerald)
“I am not happy with that ruling,” Lucy Vinis, mayor of Eugene, said. “I am grateful for the Oregon State Legislature for HB 3115, which the city has followed to create clarity around where we will allow people to sleep overnight and where they can’t because of public safety issues.”
HB 3115 is a 2023 house bill that proposed ideas around camping laws that are now state law in the form of ORS 195.530.
According to Vinis, there are no plans in the coming year to change that law or how the city already enforces camping on public property.
Vinis said there have been “targeted” approaches to how the city has been addressing the issue of homelessness in Eugene where the homeless rate is the highest per capita in the United States.
According to Vinis, these efforts include safe sleep sites, emergency shelters and a housing implementation pipeline with a five year goal that addresses the “full spectrum of housing needs for people who are currently unhoused.”
Much of the programs Vinis advocates for rely on federal and state funding, and one-time funds such as the American Rescue Plan Act. These funds, however limited, have been one of the reasons why Eugene has increased its shelter beds from 300, prior to COVID, to now around 1,100.
“I am grateful we are in a state that has created greater protection for people who have no place to go and greater clarity for municipalities managing this really terrible humanitarian crisis,” Vinis said.
Although efforts have been made by the city government to address the issue of homelessness, one unhoused individual has expressed concern with the current laws and lack of programs available.
Donna Lynne, an unhoused person, said,“The officers out here have been really hard to deal with. They are saying ‘you are trespassing and you need to move on,’ where the hell am I supposed to go?” Lynne said. “There’s not enough room in any of the programs. It’s very discouraging.”