With police being the primary driver of enforcement, the city's ordinance requires Portland Police Bureau to collect and report data on the demographics and frequency of arrests made under the new public camping codes.
Wednesday’s vote was the second reading of an ordinance initially released by Wheeler’s office, then amended by Commissioners Carmen Rubio and Mingus Mapps. Three amendments pitched by Commissioner Rene Gonzalez failed to garner enough votes to move forward. The council
first discussed the new ordinance two weeks ago, after hearing more than two hours of public testimony.
Despite the council’s unanimous approval, Gonzalez, who previously pushed for an outright ban on public camping and fines up to $1,000, reiterated his objections to the code changes. Gonzalez asserted the new codes are overly complex, and won’t reduce the number of encampments in the city.
“Unelected attorneys for well-funded homeless advocates seem to have more influence on this code than the office of the commissioner for public safety,” the commissioner said, referring to himself. He argued the city’s rules should align with neighboring cities that don’t allow public camping, like Gresham. Unlike Portland, Gresham doesn’t fine or penalize people for sleeping in public.
Gonzalez suggested the city was better when it didn’t allow unhoused residents to sleep in public...
Portland is currently constrained by a state law passed in 2021 that requires any local ordinance regulating the activity of homeless people to be “objectively reasonable as to time, place, and manner” of sitting or resting in public. The city is also bound by a 9th Circuit Court of Appeals ruling in the landmark
Martin v. Boise case. In that case, the federal appeals court ruled that cities can’t prohibit people from sleeping outside if there is no available shelter for them.
“While I realize there are people who wish that we could act in a stronger manner, and in a more forceful manner, it would be in violation of
Martin v. Boise and it would be in violation of House Bill 3115,” Wheeler, who got the last word before the final vote, said.