An Oregon judge issued a preliminary injunction blocking a rural city at the center of a decision of the United States Supreme Court on homeless camps to enforce camping restrictions unless certain conditions are met.
Josephine County Circuit Court, Sarah McGlaughlin Sarah, judged on Friday that subsidy’s leave of the city must increase the capacity in the city approved for the campsite and ensure that the sites are physically accessible to the disabled.
If the city does not meet these conditions, the order of the judge prohibits the city from quoting, arresting or bringing people to camp on public property. It also prevents the city from forcing people to leave campsites, to remove campsites that are not clearly abandoned or to ban the campsite in most parks in the city.
The city can still enforce the rules prohibiting sleep on sidewalks and streets or in alleys and doors.
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With Fruitdale Elementary School in the background, a homeless adjusts its shoes to Fruitdale Park, on March 23, 2024, with Grants Pass, Oregon. (AP)
Mayor Clint Scherf told the Associated Press that he was “discouraged” by the judge’s order. The city’s information coordinator Mike Zacchino told the point of sale that the city “examined all aspects to make sure to make the best decision for our community”.
The trial which sparked the case, tabled by disability Rights Oregon, argued that the city discriminated against people with disabilities and violated a law of the state requiring that the regulation of the campsite of cities is “objectively reasonable”. Five homeless in grant subsidies were one of the complainants.
Grants Pass has struggled for years to manage the crisis of homelessness and has become symbolic of the national debate on how to answer the question. Many city parks, in particular, have seen camps affected by drug use and waste.
Fremont, in California-another city seeking to face the crisis of homelessness-has passed one of the most stringent anti-no-no-homosexual camp orders in the country last month, prohibiting camping on public goods and subjecting anyone “provoking, authorizing, helping, encouraging or hiding” camps for a fine of $ 1,000 or six months in prison.
Last summer, the United States Supreme Court ruled in a case brought by the city that communities can prohibit sleeping outside and good people who violate the ban, including when there are not enough shelter beds.
A volunteer holds a wheelchair while he helps Max Hartfelt in his tent after having moved from one park to another on Saturday March 23, 2024, with Grants Pass, Oregon. (AP)
The decision of the Supreme Court has canceled a decision of the Court of Appeal that the camping prohibitions applied when the space is insufficient equivalent to cruel and unusual sanctions under the eighth amendment to the American Constitution.
Following the decision of the high court, the subsidies pass the campsite prohibited on all the properties of the city, with the exception of the sites designated by the municipal council, which established two locations for the hundreds of homeless people in order to remove them from the parks.
After taking office this year, the new mayor and the new members of the council decided to close the largest of the two sites, which housed around 120 tents, said the trial. The smaller site operating hours were also reduced to 5 p.m. and 7 a.m.
According to the complaint, the two sites were often congested, with poor conditions and inaccessible to people with disabilities due to bulk gravel.
“It is unacceptable for me to allow people to live there like that,” said Indra Nicholas, member of the municipal council, before the vote to close the wider site.
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Vehicles descended Rogue River Highway while light shines on the region on March 23, 2024, with Grants Pass, Oregon. (AP)
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Once the trial has been filed, the city has reopened a second smaller site and extended the time that people could stay there for four days.
McGlaughin’s ordinance indicates that the city must increase the capacity of what it was before the closing of the larger site.
Tom Stenson, deputy legal director of the rights of disabled Oregon, congratulated the decision.
“It is not a radical solution.
The Associated Press contributed to this report.
