Grants Pass Options For The Homeless and Changeling HB3115 Law

What Options Does Grants Pass Have Regarding the Homelessness Issue?
1) Maintain the Current Unmanaged Homeless Campsites.

• This option continues to negatively impact our town, community, and tourism. It creates serious problems for local businesses and contributes to rising crime rates. This must not be a long term option.

2) Shut Down the Camps Without Providing Designated Areas

• Under Oregon state law (HB 3115), this would likely result in lawsuits and further court injunctions. The city would be unable to enforce any homelessness-related regulations that violate HB 3115. This option is not viable.

3) Partner with Nonprofits to Manage a Shelter

• The city could shift the responsibility of managing a shelter to willing nonprofit organizations. This would remove the burden from city management while ensuring oversight. There must be well defined limits, size and scope if this comes to fruition.

There must be limits on a managed shelter:

• A managed shelter must be limited in both size and scope. This can’t be stressed enough times.
• It should not be situated on a large lot designed for a potentially large population in the future. We must avoid the risk of a large-scale, “mega” homeless shelter emerging in our community in the future.
• The population served and the physical footprint must be clearly defined and kept minimal.
• For these reasons, the Vine Street property (at 7.8 acres) should be removed from consideration. Its size presents a significant risk of uncontrolled growth over time, which would be detrimental to the community.

I still maintain that if our current laws were enforced consistently (24/7) and criminals, including drug dealers and addicts, were held accountable and incarcerated, we could solve many of the problems that are tearing our community apart. Unfortunately, this approach doesn’t seem to be working as intended. If there are other legal solutions, I’m sure many would be eager to hear them.

Next Steps: Challenge HB 3115
It’s time to organize and rally cities across Oregon to form a coalition to challenge HB 3115. This law places undue restrictions on how cities manage homelessness and must be reexamined at the state level.

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Legally Changeling HB3115:

HB3115 defined: Noncamping use of public property by homeless individuals
https://oregon.public.law/statutes/ors_195.530
To quote a small section from the law:
“Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.“

• This law the way it is written with its ambiguous meaning of “Objectively Reasonable” for time, place and manner is written for the purpose of lawsuits, in my opinion.

Given many Oregon cities are facing serious consequences due to HB3115, the homeless law, it begs the questions:

Can an Oregon city sue Oregon state over the homeless law known as HB3115?
(Many AI programs offer the same exact answer to this question see below):

Yes, an Oregon city can sue the State of Oregon over House Bill 3115 (HB 3115), though such legal action would be complex and relatively uncommon. HB 3115, enacted in 2021, mandates that local ordinances regulating activities like sitting, lying, sleeping, or keeping warm and dry outdoors on public property must be “objectively reasonable” with respect to individuals experiencing homelessness. This standard, however, lacks a precise definition, leading to legal uncertainties for municipalities attempting to manage public spaces.

Legal Grounds for a City to Challenge HB 3115
A city might consider challenging HB 3115 on several constitutional grounds:
• Home Rule Authority: Oregon’s constitution grants cities a degree of self-governance, known as “home rule.” A city could argue that HB 3115 infringes upon this authority by imposing state-level mandates that limit local discretion in managing public spaces.

• Equal Privileges and Immunities Clause: Article I, Section 20 of the Oregon Constitution prohibits laws granting privileges or immunities to any citizen or class of citizens that are not equally available to all. A city might contend that HB 3115 creates unequal treatment by affording specific protections to individuals experiencing homelessness, potentially at the expense of other residents.

• Unfunded Mandates: If HB 3115 requires cities to implement certain measures without providing corresponding state funding, a city could argue that this constitutes an unfunded mandate, placing financial burdens on local governments without state support.

Considerations for Legal Action
Before initiating a lawsuit, a city would need to assess:
• Standing: Demonstrating that the city is directly affected by HB 3115 in a manner that justifies legal action.
• Justiciability: Ensuring that the issue is appropriate for judicial resolution and not a political question better addressed through legislative processes.
• Potential Outcomes: Weighing the likelihood of success against the costs and potential ramifications of litigation.

Given the complexities involved, cities often opt to work through legislative channels or seek clarifications and amendments to existing laws rather than pursuing litigation. However, if a city believes that HB 3115 significantly impairs its ability to govern effectively and protect public welfare, legal action remains a viable, albeit challenging, option.

Two legislation bills (SB645 and HB2432) have been written to repeal HB3115 but due to the chair of the committees (democrats) neither bills have been able to get out of the committee see;
Oregon Legislative Bills to Repeal HB 3115 – Homeless Regulations
https://avoicewithin.org/oregon-state-legislative-bills-to-repeal-hb-3115-homeless-regulations/

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In conclusion:
I believe a two-step approach is necessary. As a community, we should come together to support a managed, designated area for a shelter. A shelter that is small in size and scope, has clearly defined limits, and is implemented with full transparency. The public must have access to all relevant information and the opportunity to ask questions about any shelter that may impact their neighborhood.

Additionally, I believe city officials should consult with other Oregon cities and seriously consider pursuing legal action against the state of Oregon regarding HB 3115.