Judge blocks enforcement of Portland’s daytime camping ban

PORTLAND, Ore. (KGW) — A judge on Thursday placed a temporary hold on the enforcement of Portland's daytime ban on homeless camps that was slated to start next week, KGW reported. 

Homeless Portlanders, represented by the Oregon Law Center, filed a class action lawsuit against the city at the end of September, arguing that Portland's camping ordinance violates state law and the Oregon Constitution. Attorneys filed last week for a preliminary injunction, asking a Multnomah County judge to block the ban while the court case unfolds.

In a hearing on Thursday morning, both sides made their arguments before Judge Rima Ghandour. Attorneys for homeless Portland residents said enforcement of the ordinance would lead to harm of the most vulnerable. They also said the camping ban is vague and difficult to understand.

Attorneys for Portland said the city had a right to decide what public land can be used for camping, and what cannot.

Judge Ghandour ruled against the city, blocking the enforcement of the ban from starting on Monday. The judge stated that "...the Court finds that Plantiffs made a sufficient showing to warrant preservation of the status quo so that, upon a final hearing, full relief may be granted."

Mayor Ted Wheeler issued a statement regarding Thursday's ruling.

"I believe the status quo is not working, but the Court’s decision leaves the status quo in place. The City will abide by the Court’s preliminary order while continuing to fight in court for the City’s right to adopt reasonable regulations on unsanctioned camping," he said. "The Court’s decision today makes the City’s work harder, but the City is going to continue this fight and we hope to get a better understanding of the Court’s reasoning during this litigation."

Portland City Council adopted the new ordinance back in June, and it went into effect in early July. But city officials pledged to wait until the fall before enforcing the camping ban, saying they'd spend the intervening months on "education and outreach" so that homeless Portlanders and service providers alike would be prepared for the shift.

Mayor Ted Wheeler announced last week that enforcement would begin Nov. 13, at least on a limited scale. City officials admit that they don't have the resources to enforce the camping ban universally and will focus on camps that provoke the most complaints.

Under the ordinance, camping on city property is prohibited between the hours of 8 a.m. and 8 p.m., and round the clock around sites like schools and childcare centers, parks, major streets and shelters. Violations result in two warnings before potentially incurring jail time or a $100 fine, enforceable by Portland police officers.

Both Wheeler and Multnomah County District Attorney Mike Schmidt have indicated that they prefer to avoid jail sentences for violators in favor of other interventions, although it isn't precisely clear what that will look like.