Homeless Challenge City’s Camping Ordinance with Disability Rights Backing

Person sleeping on sidewalk in blue sleeping bag.

Disability Rights Oregon and five disabled homeless individuals have filed a lawsuit against Grants Pass, challenging the city’s public camping policies following a recent Supreme Court ruling.

Quick Takes

  • Lawsuit filed against Grants Pass, Oregon, over public camping policies
  • Supreme Court previously upheld the city’s ban on public camping
  • Plaintiffs argue policies discriminate against disabled homeless individuals
  • City accused of lacking meaningful plan to assist homeless population
  • Broader context involves nationwide homelessness crisis and affordable housing shortage

Legal Challenge to Grants Pass Camping Ordinance

In a new development following the U.S. Supreme Court’s decision to allow enforcement of homeless camping bans, Disability Rights Oregon has teamed up with five disabled homeless individuals to sue the city of Grants Pass, Oregon. The lawsuit, filed in the Circuit Court for the State of Oregon for Josephine County, challenges the city’s public camping policies, alleging they discriminate against disabled people and violate state law.

The legal action comes after the Supreme Court upheld Grants Pass’s local ordinance banning public camping, rejecting claims that it violated the Eighth Amendment’s prohibition on cruel and unusual punishment. This ruling set a precedent for cities across the nation grappling with homelessness issues.

Insufficient Accommodations and Discriminatory Practices

The lawsuit argues that Grants Pass’s available camping space is woefully inadequate, accommodating less than 20% of the city’s homeless population. The city’s only overnight shelter has restrictions that deter some homeless individuals from seeking refuge there. Recently, the City Council voted to close the larger of two city-owned campsites for homeless people and restrict the use of the smaller one, citing unsanitary conditions.

The plaintiffs contend that the city’s policies particularly disadvantage disabled individuals, especially those using mobility devices. They are seeking a temporary restraining order to reverse the closure of the larger campsite and halt restrictions on the smaller one.

“Putting the lives of people with disabilities at risk in the dead of winter because they don’t have housing is cruel and illegal,” said Jake Cornett, the executive director and CEO of Disability Rights Oregon. “Without adequate shelter space available, forcing a person in a wheelchair or someone with a chronic illness to pack and move their belongings daily is not just impossible, it’s inhumane. Grants Pass’s dangerous actions must be stopped.”

State Law and Broader Implications

The lawsuit claims that Grants Pass is violating a state law requiring camping regulations to be “objectively reasonable.” This legal challenge highlights the tension between local efforts to manage public spaces and the rights of homeless individuals, particularly those with disabilities.

The case in Grants Pass is set against the backdrop of a nationwide homelessness crisis, exacerbated by a severe lack of affordable housing. Last year saw an 18% increase in homelessness across the United States, driven by factors such as addiction, housing shortages, natural disasters, and increased migration. As cities struggle to balance public health and safety concerns with the needs of their homeless populations, legal challenges like this one will undoubtedly shape future policies and practices.