An Oregon disability rights group and five homeless plaintiffs sued the city on Thursday, claiming its treatment of homeless people violates state law.
The city recently shut down one of its homeless campsites and restricted the hours of the other. The city now has one legal homeless campsite, and it’s open from 5 p.m. to 7 a.m. There is no place where homeless people can camp during the day without facing penalties.
"My hope is that we will come to a better policy," said Tom Stenson, deputy legal director at Disability Rights Oregon. "But ultimately, I think all cities are going to have to find their way to helping people out of [homelessness] because you can't end homelessness by arresting people."
During the two-week temporary restraining order, the city "shall not cite, arrest, detain, issue fines, or otherwise prosecute any person for camping anywhere in the city, nor shall the City compel a person to leave a campsite, remove a campsite (other than one obviously abandoned for multiple days), or otherwise prohibit a person from camping on lands designated as park spaces," the temporary restraining order reads.
The city’s police chief, attorney and mayor did not respond to requests for comment on Tuesday.
In a statement, City Manager Aaron Cubic said the city is “actively reviewing all aspects to ensure we make the best decisions for our community" and will share updates when possible.
"Grants Pass’s policy is one of intentional cruelty," the lawsuit reads. "Despite the presence of numerous elderly, ill, and disabled people on site, the city increased its draconian restrictions in the dead of winter leaving hundreds of people with no legal option for their continued survival."
In its response to the plaintiffs' motion for a temporary restraining order, Grants Pass's attorney wrote, "The City has been enforcing its ordinances sparingly, with grace, and it should be allowed to continue to do so while these complicated and undefined legal issues are litigated."
Last June, Grants Pass won a different case over its treatment of homeless people after the U.S. Supreme Court ruled in its favor. But the city still has to follow Oregon state law, which says cities’ public camping regulations have to be “objectively reasonable.” However, that term isn’t clearly defined.
Stenson said it’s clear to him that Grants Pass is violating that law.
"It clearly does not mean prohibiting camping everywhere in the entire city and leaving a quarter acre lot where hundreds of people who are homeless are then expected to sleep. That's clearly not reasonable," he said. "So I think if this law has any meaning, it prohibits what Grants Pass is doing right now, which is effectively prohibiting the existence of people who are homeless."
On Monday, the Grants Pass City Council held a workshop to discuss services for homeless people, mental health treatment and future goals. The meeting included a variety of local social services groups, including the Grants Pass Gospel Rescue Mission, UCAN and the Mobile Integrative Navigation Team, or MINT.
