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Controversial Oregon bill would have made homeless camp 'sweeps' illegal, allowed swept campers to sue for $1,000

The bill is dead for this legislative session since it missed the deadline to advance. However, there will still be public testimony on it later this week.

PORTLAND, Ore. — There’s a relentless rhythm on the streets of any sufficiently large city in Oregon that’s become increasingly routine for everyone, regardless of where they sleep. Homeless people set up camp, then the city posts it for removal. Most of the time, the homeless people move to another location and the cycle repeats.

A proposed Oregon bill aimed to reverse that routine and even allow homeless people to sue for $1,000 if they are harassed or told to move. The legislation, House Bill 3501, is called the “Right to Rest Act” and it’s been introduced in Oregon before.

National media outlets like CNN and Fox News have been giving the bill a lot of attention in recent weeks. However, what’s not being widely reported is that the bill is dead, having missed the deadline to advance in this legislative session. Regardless, there will still be public testimony on the bill later this week as unsanctioned homeless camps remain a point of statewide contention.

“I felt like I’m just a worthless person sleeping out on the street,” said Charles Lindsey. Homeless, he's currently sleeping in a shelter.

Lindsey's story is not unique. He’s 18 years old and his campsite was just cleared by Portland's Rapid Response team.

“I lost just about everything I owned,” he said. 

Sitting next to Lindsey in a wheelchair Monday morning on the streets of Old Town was a woman named Josephine Allen. She called the city’s camp removals “cold blooded.” She is still fighting to get her things back after her camp was cleared a year ago.

“I feel emotional about it because this is really a sad thing out here. They don't really realize the lives that are at stake,” Allen said.

The Right to Rest Act was proposed by two Democrats from Beaverton and Portland. It would make removing homeless camps from public property illegal and allow homeless people to sue for $1,000 if they are harassed or told to move if there was no where else for them to go. 

“If a bill like that was passed that would definitely be a headwind for us,” said Kurt McCanles, co-owner of an Old Town bike shop called Cycle Portland. “Everyone's entitled to human rights but when it comes to trying to be a normal business, trying to cater to especially tourists and people coming from out of town, it can be frustrating to think that it would be more difficult to move people from our storefront when we are trying to do business here.”

A public dialogue

KGW reporter Blair Best spoke with Oregon Rep. Farrah Chaichi, one of the bill’s co-sponsors, over the phone Monday. She said that while the bill won't be passed during this legislative session, they're still going to hold public testimony since it’s important to hear what the public has to say about issues like this and to further this type of legislation. She mentioned that last time it was introduced, they only got 15 minutes of public testimony and this week they're hoping for much more.

The bill’s other sponsor, Rep. Khanh Pham, said the following in an email to KGW:

“While I support the important conversation around how we lift up our homeless neighbors, I am devoting my limited time in the remainder of session to working on bills that are still alive and advocating for a state budget that can respond to what we’re seeing on our streets. I have appreciated the good faith outreach about the bill from my constituents and Oregonians wanting to understand the debate. I look forward to more public dialogue after session about sweeps, maintaining public spaces to be available to all, and not criminalizing homeless people.”

Hundreds of people statewide have already submitted written testimony. The overwhelming majority live in Portland and oppose the bill.

A Portland woman writes: “Please consider the unintended consequences of passing a bill with this language … Portland has been descended upon by sick people seeking to take advantage of our enabling policies. It’s become a scary place to raise kids. That’s why I oppose.”

A Portland man writes: “HB 3501 elevates the rights of homeless persons above those of law-abiding citizens. If someone erects a camp in a public park next to a neighboring property owner's fence and creates a nuisance … the property owner could be found in violation of HB 3501 for attempting to diminish the nuisance. In other words, attempts to protect one's own property could be deemed illegal under HB 3501.”

A man from Bend writes: “The unhoused are citizens too. Often the unhoused have no recourse but to be in public or urban space because they have no place else to go. They have a right to share urban space as much as those of us who are housed.”

Someone from Grants Pass writes: “I think this bill is absolutely needed and could definitely help ALOT of homeless people to have some stability in which they could work on bettering themselves and their situation.”

Some argue more support for mental health and addiction treatment will be what it takes to reverse this routine that’s currently forcing homeowners out of Portland and homeless people into despair.

“We're people, we're not animals — and even animals need to be loved,” added Allen.

The public hearing is on Thursday, May 4. Those behind the bill plan to introduce it again in future legislative sessions.

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