Oregon Bill Would Decriminalize Camping in Public, Allow Homeless To Sue People Who ‘Harass’ Them

Homeless people who feel they have been unfairly treated in violation of the law would be able to sue their tormentors and be eligible for damages of up to $1,000 per violation.

AP/Craig Mitchelldyer, file
Tents line the sidewalk on SW Clay Street at Portland, Oregon. AP/Craig Mitchelldyer, file

Despite increasing concern among local residents about homelessness and the problems it is causing in Oregon, two Democratic state lawmakers have proposed legislation that would decriminalize camping in public places and allow homeless people to sue if they are “harassed” or told to relocate.

The bill, which will be up for public comment later this week, is dubbed the Right to Rest Act. Introduced by two state legislators, Farrah Chaichi and Khanh Pham, it would allow homeless people to use public spaces “without discrimination and time limitations.”

“Many persons in Oregon have experienced homelessness as a result of economic hardship, a shortage of safe and affordable housing, the inability to obtain gainful employment and a disintegrating social safety net system,” the bill reads. “Decriminalization of rest allows local governments to redirect resources from local law enforcement activities to activities that address the root causes of homelessness and poverty.”

Homeless people who feel they have been unfairly treated in violation of the law would be able to sue their tormentors and be eligible for damages of up to $1,000 per violation. A version of the bill was also introduced in 2021 but never made it out of committee.

Residents of Oregon’s larger cities, especially Portland, have complained that homelessness and the crime and disorder that accompanies it have skyrocketed since the pandemic and the city’s brief flirtation with “defunding” the police. By some counts, the number of homeless in the city has increased by 30 percent in the past three years. A survey by Multnomah County last year put the number of homeless people in that county, which includes Portland, at more than 5,200.

The situation is so dire in Portland that disabilities activists sued the city last year, claiming that the tents on sidewalks have become so pervasive that wheelchair users are unable to maneuver around the city. One woman complained last year that police refused to intervene when a homeless man camped near her home repeatedly threatened to burn down her house.

Public reaction to the legislators’ proposal has so far been almost universally opposed to the measure. More than 2,140 residents have submitted written testimonies to the House Committee on Housing and Homelessness that will be hearing public comment on the issue Thursday. Of those, 41 expressed support for the bill and 47 said they were neutral. The remaining said they oppose the measure.

“Portland has been descended upon by sick people seeking to take advantage of our enabling policies,” one resident of the city, Theresa Mitchell, told the committee. “It’s become a scary place to raise kids.”

“Unsanctioned camping is ruining this state and needs to end,” another, Rachel Roberts, wrote. “What sort of ‘leadership’ is trying to make this easier?”

Another Portland resident, Steven Swindler, said, “This is the worst bill I’ve ever read and does nothing to address the issue of homelessness. Stop with the insanity and start coming up with solutions to help people avoid being on the street in the first place.”

A Bend, Oregon, resident, Charles Hemingway, was one of the 41 respondents who voiced support for the measure. “The unhoused are citizens too,” he told the committee. “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, operate businesses, and live in comfortable circumstances.”


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