CRESWELL — The dust has settled since the Grants Pass v. Johnson case was overturned, and the city attorney is again drafting an ordinance to re-address the unhoused situation in Creswell.
In June, the Supreme Court issued its decision in the Grants Pass v. Johnson case, wherein the plaintiffs claimed that the Oregon city’s camping regulations violated the Eighth Amendment’s prohibition on cruel and unusual punishment. This claim flowed from the Martin v. Boise case in the Ninth Circuit Court on the same topic.
“The Ninth Circuit in Boise and, later, in Johnson, said that these camping regulations did implicate the Eighth Amendment because they were regulations of the status of someone being homeless, and (cities) weren’t allowed to regulate the status of someone,” said Ross Williamson, city attorney.
Upon further review, the Court determined, “Boise was wrongly decided … and the Johnson case got it wrong. These regulations were not about the status; they were regulations of actions and conduct,” Williamson said. The Johnson and Boise cases were dismissed, opening up the ability to regulate camping and homelessness issues throughout the Ninth Circuit.
Except in Oregon.
“Because we adopted legislation to codify the Boise and Johnson cases, even with those cases now off the books in terms of the Ninth Circuit and in Oregon, we are left with ORS 195 530, which says regulations have to be objectively reasonable as to time, place and manner,” Williamson said. “The Johnson case really doesn’t have a lot of impact here in Oregon directly.”
Six months ago, the council discussed but decided not to take action when news of the overturn was announced. Mayor Dave Stram explained that, according to meeting law, the topic could not be discussed for another six months.
Mayor-elect Nick Smith’s requests have been sitting on ice since he first made the pitch in June. The ice has since thawed, and Smith’s pitches were discussed at the recent city council meeting.
Alex Speldrich, Creswell sergeant, said that the unhoused population has consistently been around 5-10 people for the last year or so, adding that the number fluctuates as people’s situations change and does not account for people who are temporarily staying at other people’s residences or “couch surfers.”
“From what I can tell, this number has remained pretty steady over the past few years. I have only been assigned to Creswell since February of 2023, but this number has remained consistent,” he said.
As it stands, a person may use a vehicle or recreational vehicle for shelter or sleeping on public rights-of-way if they follow the rules in the ordinance — like not dumping water, making sure pets are supervised, and not starting fires, for example. Folks must also move their recreational vehicles every 72 hours, and a car cannot be parked in one spot for more than 30 days.
A dainty flower is placed on the back of one of the wagons in lieu of a physical address.
Smith said that the present timeframe does grant enough teeth for police to enforce the rules effectively. He proposed amending the 72-hour rule to 48 hours.
“We … run into people that end up in the same spot for weeks, and it’s frustrating for everybody,” Speldrich, Creswell sergeant. “Some business owners and some homeowners have reached out to me saying, ‘Hey, this person’s been here for a long time.’
“And if I think, if we shorten that period, it’s going to make them realize, ‘Hey, tomorrow I’ve got to move because you can only be in one spot for two days.” Speldrich said. “What this does is it alleviates a lot of the pressure on my deputies to go out and try to essentially herd cats.”
Smith said the current situation where officers have to go out and tell people to move their vehicles repeatedly is a “time suck” and not an effective use of taxpayer dollars. He added that the current process of officers having to “babysit” and repeatedly tell people to move is not a productive use of officers’ time.
Speldrich said the most common type of reoffense is the violation of the 72-hour rule.
“We also encounter repeat issues with property being stored in the right of way (street) and on the sidewalks,” Speldrich added. “Typically, violations of this ordinance are people who are passing through town and camp in city parks overnight or in various areas of the city where it is prohibited.”
Smith also suggested expanding the language to include temporary structures and wheel wagons with recreational vehicles, referencing the mobile huts two residents created for the unhoused. The huts are on wheels and can be attached to bikes for mobility.
Speldrich said that, after the prohibited camping ordinance was passed in 2023, the City, “had a few of our unhoused population refuse to follow the rules of the prohibited camping ordinance, which resulted in the creation of the wooden “conestoga-style” wagons that are now being treated as home-made RVs on the street. Prior to this, the violations of the recreational vehicles ordinance were much more rare, whereas we are now dealing with them on a consistent basis with the home-made wagons.”
Smith also wants to “reclassify prohibited storage, which is a violation of $100, to an unclassified misdemeanor, which the council can set.” Repeat offenders could also face a higher monetary amount, he said.
As it stands, if somebody receives a citation for payment of storage, the presumptive fine is $100 Speldrich said, who voiced concerns about the inability to enforce citations.
“We have, for example, one repeat offender who has had probably 15 citations in the last couple of months, and he’s basically just refused to do anything. He’s just like, ‘No, I don’t care.’ And that’s really where the problem comes in because if he says I’m not going to do it, there’s nothing we can do.”
Speldrich said that it has reached the point where the Municipal Court judge is now issuing a warrant to have the police go collect that person and bring him to court, “because he just won’t go.”
“It doesn’t matter what amount the ticket is if they’re not going to pay it. If they’re not going to pay it, there’s got to be another way to help,” said Staci Holt, councilor.
Council directed Williamson to draft a more streamlined version of the 72-hour rule. It will be discussed and voted on at the Nov. 12 city council meeting.
