PASS THE GRANT OR At least 150 spots will be made available for people to sleep outside in Grants Pass, a city that has come under fire nationally for its habit of punishing homeless people for doing so. (Oregon Capital Chronicle/Ben Botkin)
After a lawsuit claimed that its actions discriminated against persons with disabilities, a southern Oregon community that came to national notice for punishing homeless people for camping outside has agreed to give at least 150 spots for people to camp.
In June 2024, the city of Grants Pass prevailed in a significant case before the U.S. Supreme Court, overturning an earlier appeals court decision that a city ordinance prohibiting homeless people from sleeping outside with blankets, pillows, or cardboard violated the protections against cruel and unusual punishment found in the U.S. Constitution.
More severe limitations on homeless people were made possible in the West by that Supreme Court decision, but in Oregon, state law only permits communities to restrict sleeping outside if those restrictions are objectively fair in terms of time, location, and manner. In response, Grants Pass passed rules requiring people to remove tents or other supplies every morning or risk a $75 fine, and limiting their stay in designated areas to the hours of 5 p.m. to 7 a.m.
The city reached a deal this month after being sued by disability rights advocates and five homeless people. According to the settlement, the city would provide homeless people with at least 150 camping units. Additionally, any authorized camping locations must have drinking water provided by the city, and the land must comply with the Americans with Disabilities Act for the upcoming year.
According to a statement from Jake Cornett, executive director and CEO of the Portland-based Disability Rights Oregon, “Oregon cannot arrest its way out of homelessness, and we are pleased the city has committed to developing more humane and legally compliant approaches to this public health crisis.” This settlement marks a major advancement in guaranteeing that homeless individuals with impairments have access to essential amenities like drinking water, rest areas, and genuine opportunities to improve their life.
There were worries about overpopulation and a shortage of drinking water because the city only allowed 30 homeless persons to sleep in one location at a time. Another location that could accommodate roughly 120 tents was closed by municipal authorities in January.
Rights of People with Disabilities In their January complaint, Oregon and the Oregon Law Center referenced Oregon’s anti-discrimination statute for people with disabilities. In February, they were successful in obtaining a temporary restraining order that forbade the city from imposing fines and limited camping to the city’s only tent site for two weeks.
Since then, Circuit Court Judge Sarah E. McGlaughlin has exempted a number of parks from her order, directing the city to stop enforcing its rules banning homeless encampments until the city has restored space for 150 tents. According to the settlement, the plaintiffs and the city have decided that the additional campaign capacity will be on city-owned property or property run by a third-party city contractor.
Additionally, the city will fund a local group $60,000 to offer services to homeless persons and install shade at drinking establishments. Bathrooms must be present in the facility that receives the funding.
Stories of homeless persons with chronic pain and health concerns having to move their belongings and lives every day around the city served as the impetus for the case filed by disability rights campaigners.
Janine Harris, 57, is one such instance; she has severe migraines, vertigo, and arthritis. She previously told the Capital Chronicle that she has been homeless for four years and that her health issues forced her to quit her work as a caretaker. She must gather her possessions and transport them in a wagon.
In a court declaration, Harris stated that homelessness is particularly taxing on the body, particularly for those with physical limitations. I simply want everyone to understand that many of the individuals living outside are folks who are trying their hardest to make ends meet, just like them.
Allison Nasson, a staff attorney at the Oregon Law Center, warned against practices that require homeless people to move frequently in a statement released after the settlement.
According to her, forcing individuals to travel every day only makes life more difficult and hazardous; it doesn’t help them find accommodation. You still require water, a restroom, and a place to sleep when you are compelled to live outside.
A request for comment from Aaron Cubic, the city manager of Grants Pass, was not immediately answered. As part of the deal, the city will also provide Disability Rights Oregon $85,000, which will release it from any additional litigation expenditures.
