Sisters’ Position Statement on Portland’s Sit-Lie and Anti-Camping Laws

Quick response: Portland’s sit-lie and anti-camping laws have been shown to target homeless people.  Their enforcement is not only inhumane and immoral, it’s unconstitutional.  Period.

It is not fair to punish someone who doesn’t have a safe place to sleep and rest.  There are thousands of people who sleep on the streets of Portland every night.  Where are they supposed to go?

Sisters advocates the repeal of the sit-lie and anti-camping laws (14A.50.020 & 14A.50.030).

More details:

The latest incarnation of this law was enacted in 2006 as part of the Street Access For Everyone (SAFE) Resolution, which included “Five Strategies for a More Livable Portland.” The services associated with these strategies, including day access center space, public restrooms and showers, have not been implemented in a timely and adequate manner.  In deliberating whether Sisters would continue to participate in the oversight committee, it was highlighted that the future day access center is two years from completion and the current interim locations do not have the capacity described in the Mayor’s Executive Summary of SAFE (Dec. 2006).  It was also noted that the strategies for providing adequate public seating and restrooms are not met.

By contrast, the strategy of a sit-lie law that prohibits anyone from sitting or lying on a public sidewalk between 7 am and 9 pm has been fully implemented, and the vast majority of warnings and citations are issued to homeless individuals. To deepen this injustice, the language of the law applies to obstructions on the sidewalk including signs and seating outside of businesses that do not have the proper permit.  No action has been taken to enforce the law as it applies to inanimate objects, only humans who lack shelter.

In recognition that the SAFE process has not resulted in the equal implementation of the five strategies and has been shown to target homeless people in its enforcement, Sisters Of The Road publicly resigned from the Oversight Committee on May 8, 2008.

On the books for almost three decades, this law was ruled unconstitutional in 2000 by Multnomah County Judge Stephen Gallagher.  Judge Gallagher wrote, “The court finds it impossible to separate the fact of being homeless from the necessary ‘acts’ that go with it, such as sleeping. The act of sleeping or eating in a shelter away from the elements cannot be considered intentional, avoidable conduct. This conduct is ordinary activity required to sustain life. Due to the fact that they are homeless, persons seek out shelter to perform these daily routines. Yet the City considers this location to be a campsite if the homeless person maintains any bedding. The homeless are being punished for behavior indistinguishable from the mere fact that they are homeless. Therefore, those without homes are being punished for the status of being homeless.”

Current city officials acknowledge that there is not sufficient shelter space and housing for the homeless.  The Portland rental market is at a record-low 2% vacancy rate and Section 8 housing vouchers are being returned at a rate of 60%, for lack of available rentals.  Despite the progress that the Mayor points to as a result of the 10-Year Plan to End Homelessness, the reality is that there are increasing numbers of people on the street and no indication this trend will change anytime soon.  Despite Judge Gallagher’s ruling eight years ago, this community continues to punish people for their status as homeless.

There is a strong commitment to building and preserving affordable housing in Portland.  We must maintain and strengthen that commitment, while recognizing that it isn’t just an emergency locally - it’s a crisis throughout the nation.  Massive federal disinvestment in affordable housing has led to the epidemic of institutionalized homelessness.  Portland is a recognized leader in progressive development and we need to inspire a response across the country. 

We cannot, however, allow ourselves the complacency of inaction as our fellow citizens suffer and are criminalized for their status as homeless.  As we work for long-term solutions, we must act now to acknowledge the existence and humanity of all our citizens.

Because Portland belongs to all of us, repeal the sit-lie and anti-camping laws now.