After a number of setbacks, Portland City Council unanimously approved a policy Wednesday morning that regulates camping on public property.
“Addressing the issue of unsheltered homelessness in the city is obviously a complex as well as an urgent order,” said Mayor Ted Wheeler, whose office drafted the ordinance. “And I believe that this ordinance represents a significant step forward in our ongoing efforts to manage public spaces effectively.”
A person speaks to someone inside of a tent, camping on the sidewalk in downtown Portland in this Nov. 15, 2023 file photo. New rules will allow people to camp on public property if shelter beds aren't available, but it also prohibits people from blocking access to private property, using a propane heater and other activities.
Kristyna Wentz-Graff / OPB
The proposal allows people experiencing homelessness to camp on public property if no shelter beds are available, which is often the case in Multnomah County. But it limits what people can do while camping. For instance, the policy prohibits people from using a propane heater, digging into the ground, starting a fire, selling bicycles or car parts, or blocking access to private property while camping.
Those who violate these rules could be fined up to $100 or be sentenced to up to seven days in jail. People could also face the same penalties if an outreach worker with the city informs them that shelter space is available, but they refuse to pack up their camp.
This proposal replaces a public camping ban the city passed last year, which has been stalled by litigation.
The decision comes as laws regulating public camping remain in flux. Last month, the U.S Supreme Court heard arguments in a case from Grants Pass, Oregon, in which the city argued that penalizing unsheltered people for sleeping outside doesn’t violate the U.S. Constitution — despite an earlier federal ruling saying otherwise. Justices are expected to issue a ruling in June.
If the court rules in Grants Pass’ favor, Portland wouldn’t be able to immediately begin penalizing people camping in public spaces. It would still need to adhere to a state law that directs cities to establish rules that allow for public camping if there isn’t shelter space available.
Related: US Supreme Court debates whether Grants Pass laws criminalize homelessness
City commissioners haven’t previously agreed on this policy. In April, Commissioner Rene Gonzalez attempted to replace Wheeler’s proposal with one that gave the mayor the sole authority to adapt this camping policy going forward — instead of city council. He also wanted to strengthen the policy’s language to outright ban public camping, and then introduce some exceptions. But Gonzalez’s plan failed to gain enough support from other commissioners to advance. Before voting in support of the policy Wednesday, Gonzalez said he remained conflicted.
“These code changes fail to respond in the strong manner that Portlanders are asking for,” he said. “However, in discussions with law enforcement, they want something on the books, even if flawed.”
The policy goes into effect immediately.