The judge blocks the city of Oregon at Scotts’ center.
an Oregon Judge It issued a preliminary injunction blocking rural cities at the heart of the U.S. Supreme Court that ruled that homeless camp restrictions would be enforced unless certain conditions were met.
Josephine County Circuit Court Judge Sarah McGralin ruled on Friday that grant passes at locations approved by the city for camps must increase capacity and allow disabled people to physically access the site.
If the city does not meet these conditions, the judge’s order prohibits the city from citing, arresting or fines people to camp on public property. It also prevents the city from forcing people to leave the campsite, removing campsites that have not been clearly abandoned, and banning campsites in most city parks.
Cities may still enforce rules prohibiting sleeping on sidewalks, roads, alleys and entrances.
With Fruitsdale Elementary School in the background, homeless men will adjust their shoes at Fruitsdale Park, Grants Pass, Oregon on March 23, 2024. (AP)
Mayor Clint Shelf told The Associated Press that he was “disappointed” by the judge’s order. City information coordinator Mike Zaccino told the outlet the city is “reviewing every aspect of it to make the best decision for the community.”
The lawsuit sparked by the Oregon Disabled Rights argued that the city violated state laws that discriminate against people with disabilities and require city camp regulations to be “objectively reasonable.” Five homeless people from Grant Pass were one of the plaintiffs.
Grants Pass has struggled for years to deal with the homeless crisis, and represents a national debate about how it responds to this issue. In particular, many of the city’s parks saw camps affected by drug use and trash.
Fremont, California – another city trying to deal with the homelessness crisis – passed one of the country’s strictest anti-homeless encampment ordinances last month, banning public property camps and “imposed either a permit, aid, be extended, or a $1,000 fine.”
Last summer, US Supreme Court In the incident brought by the city, the community ruled that it could ban sleeping outside and ban great people who violate the ban.
Volunteers endure the wheelchair as Max Hartfeld helps move into his tent after relocating him from one park to another at Grants Pass, Oregon on Saturday, March 23, 2024. (AP)
The Supreme Court’s decision has been overturned Court of Appeals decision If shelter space is insufficient, the camping ban has become a cruel and unusual punishment under the Eighth Amendment of the US Constitution.
Following the High Court’s decision, the grants prohibit camping on all urban property except for locations designated by the city council.
After taking office this year, the new mayor and new council members have moved to close the larger of the two sites that housed around 120 tents, the lawsuit says. The operating hours of small sites have also decreased from 5pm to 7am.
According to the complaint, neither site was able to access people with disabilities, and disabled people with disabilities.
“It’s merciless to me to allow people to live there like that,” city council member Indra Nicholas said before the vote to close the larger site.
California City passes homeless encampment ban sweeping all public property
The vehicle runs down the low river highway as the light shines at Grants Pass, Oregon on March 23, 2024. (AP)
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After the lawsuit was filed, the city reopened its second small site, extending the time that people could stay there to four days.
McGlaughtin’s order says the city must increase capacity before the larger sites are closed.
Tom Stenson, Associate Director of Rights and Legal Rights for Persons with Disabilities in Oregon, praised the ruling.
“This is not a radical solution. The courts are basically saying, “Go back to the amount of space and place for homeless people that were just three months ago,” he told The Associated Press.
The Associated Press contributed to this report.