Attorneys for Bend homeless notify city of planned lawsuit challenging legality of camping code

BEND, Ore. (KTVZ) – The city of Bend won a judge’s legal backing Monday for its plans to clear the Hunnell Road homeless encampment, but the city has been notified of another planned lawsuit in coming months that will claim the city’s “camping code” is "not objectively reasonable," is unconstitutional and violates state law.

City Manager Eric King and City Attorney Mary Winters were sent a tort notice letter Friday by two attorneys with the Oregon Justice Resource Center, saying they will file suit to block enforcement of the camping code under the state and U.S. constitutions and other law.

Attorneys Thaddeus Betz and Walter Fonseca said they represent three homeless Bend residents and are co-directors of the Youth Justice Project.

Their letter quotes a state law that says any local government regulation of those outdoors on public property “must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness” – and claimed that the city’s camping code is not.

The lawyers say the code, which went into effect March 1, gives the city manager "vague" discretion as to where sheltering for survival is allowed, and that the homeless “are subject to an array of unreasonable conditions,” such as a required relocation every 24 hours and that they must move at least one block or 600 feet.

They said their legal challenge also will target aspects such as a limit of three camps per block and at least 150 feet away from each other. They said the code fails to define those who are homeless or provide notice to those subject to the code’s restrictions and privileges.

Betz noted that state statute requires at least 90 days notice of such legal action, so a lawsuit to enjoin enforcement of the camping code is planned to be filed more than three months from now.