JOHN DAY — The appearance of a motor home, a modified school bus and a tent next to the John Day City Hall parking lot may force the City Council to revive discussions about an ordinance that outlines where and when people can camp or rest on public property.

A U.S. Supreme Court ruling handed down on June 28 sided with the city of Grants Pass in a civil suit, stating that enforcing fines and other sanctions for camping or sleeping on public property does not violate the Eighth Amendment’s “cruel and unusual punishment” clause, but that doesn’t necessarily relieve the city of its obligations under state law.

House Bill 3115, passed by the Legislature in 2021, requires cities and counties in Oregon to allow homeless people to sleep or rest on public property — with “objectively reasonable” restrictions — when no other accommodations are available. John Day has a small homeless community and must define a public space for them to safely stay, local officials say.

The state law came on the heels of a 2019 federal court ruling that stated individuals can’t be cited for camping on public property if there is nowhere else for them to go.

The city held a meeting in August to discuss how to comply with HB 3115, and the gravel area adjacent to City Hall was suggested as a potential site for the city’s homeless population to camp. City Council members took no action regarding a homeless camping ordinance following the meeting, but the appearance of the small encampment may force councilors’ hands.

The City Council was scheduled to discuss a possible ordinance Tuesday night.

Who are the city’s homeless?

All three people currently residing in the gravel area next to the John Day City Hall have local ties.

One is an 84-year-old woman who has been living in a motor home since being put out of her house in Gresham through foreclosure proceedings.

“I was removed from my home of 60 years by a predatory mortgage company,” she said. “I was not in default.”

She said she came to John Day because she has properties in Grant County and may try to sell one of them to raise money for living expenses.

She said it was divine intervention that led her to the John Day homeless camp, although she didn’t realize that’s what it was when she got there.

“The Lord led me here,” she said. “I didn’t know this is what it was.”

Another camper is a 31-year-old male who lives in a converted school bus. He described himself as a longtime local resident who returned to the area recently after living in another part of the state.

He said he took up residence at the homeless camp after losing his job about a month ago.

“I was actually in an apartment in Government Camp for like four years, and then quit my job and got the bus and came back over here to fight fire and lost my job,” he said. “Now I’m hunting for a new job and new spot.”

The third person staying at the camp is a 25-year-old man living in a tent. He said he is a Grant County native and has been homeless off and on for 12 years.

Communication encouraged

Grant County’s homeless population was 26 — including 10 who are under 18 — as of the latest Point-in-Time Count, which was conducted in February.

Amy Smetana, the self-sufficiency coordinator for Community Connections of Northeast Oregon, has made contact with everybody who inhabits the camp.

She said the best thing people can do to quell any assumptions they may have about those living in the homeless camp is to simply go and talk to them.

“I would actually encourage the community to go visit with them,” she said. “You’ll probably find the nicest, most gentle souls you’ve ever met in a homeless camp, and they’ll tell you why they’re there.”

The reasons people end up homeless can be many, but Smetana said a lack of affordable housing contributes just as much to homelessness as addiction, medical issues or anything else.

“That’s another one I really would like the community to be aware of — there aren’t always housing options, and then there are some people that are hard to house,” she said.

Smetana said despite common assumptions about the homeless, in her experience they aren’t all drug addicts who don’t work and are simply looking for a handout.

“I do strongly encourage people go in with a gentle approach and visit with them,” Smetana reiterated.

What will be done?

Even though the recent Supreme Court decision upheld the principle that cities can impose sanctions for camping or sleeping on public property, that doesn’t mean the local camp can be cleared out tomorrow, according to John Day City Manager Melissa Bethel.

“The Supreme Court ruling has very little to do with the cities being able to do anything less or more,” she said.

Roy Kaufmann, the communications director for the Oregon Department of Justice, concurred with that assessment, saying state law ensures that municipalities can’t simply criminalize sleeping and camping in public.

However, cities can set limits on where and when those activities can take place, and the appearance of the homeless camp outside City Hall seems likely to spur John Day to do just that.

Bethel said she has told the camp’s residents that the passage of a homeless camping ordinance is likely to be a top priority for the City Council in the wake of the Supreme Court ruling.

While it’s too early to say exactly what the ordinance would look like, it could specify where camping is and is not allowed. It could also contain parameters outlining what hours somebody could stay at the designated camping site — say, from 7 p.m. to 7 a.m. each day.

Something else that has yet to be worked out is how the city will enforce the ordinance. Bethel said she hopes that the $100,000 budgeted to create an intergovernmental agreement between John Day and the Grant County Sheriff’s Office for extra patrol coverage will solve the city’s enforcement concerns.

“We obviously don’t have the staff (for enforcement),” she said. “The IGA (agreement) with the sheriff is our best-case scenario if we can get them on board and they can start doing some enforcement.”