Oregon Democrats propose bill to decriminalize homeless camps

It feels like this was always inevitable in Portland though I doubt other cities in the state will be happy about it. The Oregon legislature is considering a bill which would decriminalize homeless camps in public spaces. Not only would HB 3501 make the camps themselves legal, they would give homeless people a right to privacy wherever they decide to pop up a tent. In fact, any homeless person being asked to move from their home would have the right to sue.

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A new bill in the Oregon legislature is proposed as the Right to Rest Act. House Bill 3501 would decriminalize camping in public places…

Under HB3501, homeless individuals would be able to have “a privacy interest and a reasonable expectation of privacy in any property belonging to the person, regardless of whether the property is located in a public space” – i.e., granting the individual rights to treat public spaces like a private residence “without discrimination and time limitations that are based on housing status.” Homeless individuals would also be able to sue for up to $1,000 if swept, told to relocate, or otherwise “harassed” as per the bill.

CNN has some reactions to the bill from people on both sides:

“We cannot give these people legal protection to do as they please in our public spaces, and strip our citizens of their own rights to use these same spaces,” wrote Portland resident Carlin Scott. “Portland is struggling right now to retain residents, and the increasing encroachment of homeless camps on our public lands is a big reason why we’re losing residents.”…

Others who support the bill say they believe unhoused people are deserving of help just as anyone else is.

“For too long law enforcement has acted to effectively enclose public land from common use, especially use by down-on-their luck Oregonians,” said Jackson Miller, a Portland resident. “While this bill is no public housing guarantee or major zoning reform, it does seem like it will ensure certain rights of homeless individuals and as such represents an important step in the right direction.”

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Those comments are taken from a list of hundreds of public comments people have left about the bill. Those comments are labeled either oppose, neutral or support and if you scroll down you’ll see nearly all of them are in the oppose camp. Here’s one example picked at random:

Absolutely Not!!! What is the point OF ALL THE MILLIONS of dollars just penned for homeless housing, shelters, etc? No One individual “owns” public property – that’s sort of the point behind the idea of “Public”. You are Encouraging people to camp right on the sidewalks, so everyone gets to …..what – step out into traffic now, to avoid disturbing the “campsite” and/or avoid walking through the urine or feces on our “public” sidewalks, parks, running trails, parking lots? ENOUGH!!!!!!! Fix the problem – stop enabling and encouraging it.

And another:

Hello, while I do agree all citizens deserve equal rights. I do not agree with the decriminalization of camping in public places. What recourse do other citizens have if homeless individuals set up camp in a public place next to their businesses, homes, or schools? There have been numerous documented cases of harassment, open drug use, or general cleanliness of camps negatively impacting the quality of life for the rest of the public. What are their protections? Do they not also have the right to access clean and safe public spaces? Do business owners not have the right to operate their businesses without open drug use or disgusting camps next door? Instead of making it easier to be homeless. Focus your efforts on making it easier to not be homeless. Oregon citizens are tired of the drug and homeless epidemic. The longer this drags on the more public opinion will continue to sour on this issue.

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One more and this is a long one:

The proposed Right to Rest Act in Oregon, House Bill 3501, which aims to decriminalize camping in public places, is a misguided and dangerous piece of legislation that would have significant negative consequences for communities across the state.

If this bill were to pass, homeless individuals would have the right to camp anywhere they choose, regardless of the impact on public spaces or the surrounding communities. This means that parks, sidewalks, and other public spaces would become de facto campgrounds, with no ability for local authorities to regulate or limit such activities.

One of the primary concerns with the Right to Rest Act is the impact it would have on public health and safety. Homeless encampments often lack basic sanitation facilities and can become breeding grounds for disease, including infectious diseases like tuberculosis and hepatitis. Allowing individuals to camp anywhere they please without  any form of regulation or oversight would create a public health crisis and could lead to the spread of disease and illness.

Additionally, the presence of homeless encampments in public spaces can create significant safety hazards. For example, unattended fires, drug use, and other dangerous activities can pose risks to both the homeless individuals themselves and the surrounding community. Moreover, encampments often lead to increased crime and drug use in the surrounding areas, creating additional safety concerns for residents and visitors alike.

The proposed Right to Rest Act also ignores the impact that homeless encampments can have on local businesses and tourism. Encampments can be unsightly, disruptive, and may discourage people from visiting local businesses and public spaces. This can have a significant impact on the local economy and the quality of life for residents.

Finally, the Right to Rest Act would place an undue burden on local law enforcement and first responders. With no ability to regulate homeless encampments, police and emergency services would be forced to respond to incidents in public spaces, diverting resources away from other critical public safety activities. In conclusion, the proposed Right to Rest Act in Oregon would have significant negative consequences for public health, safety, and the local economy.

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This bill was apparently proposed before and failed. For the sake of everyone living in Oregon I hope it fails again. Homeless people have rights but the right to claim public property as their own such that they can literally sue people for bothering them when they set up camp next to a business or public school should not be one of them. Public spaces are for everyone to enjoy, not for some to claim as their personal property.

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David Strom 3:30 PM | December 05, 2024
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