Homeless Summary and Learn about HB 3115 the homeless law

Listening and Learning Session: HB 3115 – Unhoused time, place, and manner regulations https://www.grantspassoregon.gov/civicalerts.aspx?aid=3644

Date: Monday, May 19, 2025
Time: 6 pm.
Location: Council Chambers at City Hall, 101 NW A Street, Grants Pass, Oregon 97526.

“The listening session will be conducted by City Manager Aaron Cubic, and City Attorney Stephanie Nuttall will be available to provide information as well.

There will be an opportunity for people to submit questions regarding this topic before the session begins, either in person or via email to kfrerk@grantspassoregon.gov “

The session will be streamed via RVTV, and on the City of Grants Pass YouTube channel; https://www.youtube.com/channel/UCFjrr14u5HzbcEWGLjRrSSw

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Short Term Injunction?
Currently, due to a court injunction, the City of Grants Pass is unable to enforce its regulations on homeless camping. This situation arose for two main reasons.

First, Disability Rights Oregon (DRO) sued the city for noncompliance with the Americans with Disabilities Act (ADA), citing that the designated homeless campsites were not accessible to individuals with disabilities. Second, the city was found to be in violation of House Bill 3115 by restricting access to the campsites—only allowing them to open during evening hours.

Both issues are in the process of being resolved. It is hoped that the injunction will soon be lifted, allowing the city to once again enforce regulations that prohibit camping in public parks.

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Possible Questions for Listening and Learning Session:
This sounds like a great session to learn about HB 3115 if you’re not already familiar with it. It will also be a good opportunity to ask questions. I recommend submitting your question as mentioned above.

One important issue is how HB 3115 will impact any sanctioned shelter efforts, such as the recently discussed “Pathway to Stability” proposal. It will be critical for any program such as Pathway to Stability to ensure they consult legal council to ensure HB3115 requirements are met. You can learn more about Pathways to Stability on their website here. https://www.pathwaystostability.org/

Here are some key questions that should be addressed at the upcoming forum:
1) What are the overall requirements of HB 3115 for establishing a sanctioned shelter?
2) According to HB 3115, what should be the minimum capacity of a sanctioned shelter?
3) Under HB 3115, what happens if people are trespassed from or refuse to enter a managed shelter?
4) If the city meets HB 3115 requirements by opening a sanctioned shelter, would it then be allowed to close the existing downtown campsites?

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Legal Definition of HB 3115:
HB 3115 is the legislative name, the Oregon Revised Statues name is (ORS) 195.530 is the actual written out law for HB 3115.

Noncamping use of public property by homeless individuals
https://oregon.public.law/statutes/ors_195.530
And to quote a 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.“

• It is this section that is so ambiguous “Objectively Reasonable” which results is so much confusion and allows for lawsuits be filed so easily. As there is NO clear definition of what is “Objectively Reasonable”.
• This is exactly why this law needs to be repealed. See;
  Oregon Legislative Bills to Repeal HB 3115 – Homeless Regulations
  https://avoicewithin.org/oregon-state-legislative-bills-to-repeal-hb-3115-homeless-regulations/

People ask, “Why do we have to follow HB 3115 if the Supreme Court already ruled in favor of Grants Pass?” The answer is that the Supreme Court simply ruled that each state has the authority to regulate homelessness as it sees fit. That’s all the ruling established, that states have the right to create their own policies on this issue. In response, Oregon enacted its own policy: HB 3115.

Unfortunately, many believe this is a deeply flawed law, and we’re now dealing with the consequences. You can read more about it;
Homeless: Why Grants Pass must have a designated resting area
https://avoicewithin.org/why-oregon-cities-like-grants-pass-must-have-homeless-designated-resting-areas/

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In conclusion:
In regard to any managed shelter we should require the following, in my opinion:
1) Nonprofits manage the shelter with a clear set of rules that pass HB3115 requirements.
2) Nonprofits take full responsibility including costs so the city is NOT involved in anyway.
3) No shelter any larger than what is required under HB3115 nor a larger lot size that would allow future expansion.
4) Location is critical – not allowed in downtown, busy residential areas, or business or next to rivers.
5) Any nonprofit planning to run a shelter needs to relay to the public all their details, experience, how it will run, etc.

This is why we need to know the details of HB3115 as it will set the parameters of what we can do and cannot do. It offers the ground work for what we should expect from our city officials and nonprofits moving forward. We need to make sure that any nonprofit organization trying to setup a shelter abides by these parameters since it will affect all of us.