Portland, Oregon, OKs new homeless camping rules that threaten fines or jail in some cases

PORTLAND, Ore. — Homeless people who camp on public land in Portland, Oregon, and reject offers of shelter could be fined up to $100 or sentenced to up to seven days in jail under new rules unanimously approved by the City Council on Wednesday.

If shelter is not available, the same penalties apply for blocking sidewalks, using gas heaters or starting fires, or having belongings more than 2 feet outside the tent.

The ordinance takes effect immediately and enforcement will begin in the coming weeks, Mayor Ted Wheeler’s office said.

“Addressing the problem of unsheltered homelessness in our city is a complex and urgent matter, and I believe this ordinance represents an important step forward in our ongoing efforts to effectively manage public spaces,” Wheeler said in a statement.

Those who accept offers of shelter will not be cited, according to Wheeler’s office. For those cited, the court will determine whether the fines will be waived. The ordinance says it encourages people to be diverted to assessment, emergency shelter or housing rather than jail.

The mayor’s office said the new rules seek to comply with a state law that requires cities to have “objectively reasonable” restrictions on when, where and how people camp in public. An earlier, stricter version of the ordinance that banned daytime camping, with the risk of fines or jail time, has been put on hold by a judge as a lawsuit against the measure filed by advocates on behalf of homeless people makes its way through the courts.

The move comes as Portland and other cities in the US West struggle to address a growing number of homeless encampments. Many officials say they need to be able to manage encampments to keep the streets safe and sanitary, while advocacy groups say people should not be criminally punished for not having housing.

The U.S. Supreme Court, after hearing a case brought by the small Oregon town of Grants Pass, is considering whether cities can punish people for sleeping outside when there is no shelter. It is the most significant Supreme Court case on the issue in decades and comes amid record national homelessness.