camping_ordinance

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camping_ordinance [2024/04/30 08:04] rcifcamping_ordinance [2024/08/05 15:20] (current) rcif
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 +Since Portland is a destination on the Oregon Trail, unlike Boise or Grant's Pass which are merely a waypoints, therefore efforts to criminalize houselessness are less likely to be successful, and the City and County should promote social and economic and geographic mobility instead. [[https://www.portland.gov/council/documents/ordinance/546-mult-co-iga|Houselessness Response Action Plan]] should include "measurable, community-wide indicators" of this, such as volunteer hours served, and number of city contractors who are recently house-less or housing insecure.  Make partnerships with rural counties to give people work in agriculture, timber, and commercial fishing, and other seasonal "outdoor" work.
 +
 +Exemplary providers are [[https://www.sistersoftheroad.org/|Sisters of the Road]], R2D2, and [[https://www.cascadiaclusters.org/|Cascadia Clusters]].   Like many shelters and "temperorary alternative shelters", Blanchet House gives a two-tier class system with no social mobility - anti-examples.
 +
 ===== Proposed Camping Ordinance in Portland ====== ===== Proposed Camping Ordinance in Portland ======
-//Draft Legislation//+//Draft Legislation, presented to Portland city council [[https://www.youtube.com/watch?v=dyk1KL-qU38|4/22/2024 PM 4:19:12]]//
  
 Every City sponsored outreach worker, police officer, or street response team called to intervene in an encampment,  Every City sponsored outreach worker, police officer, or street response team called to intervene in an encampment, 
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 Campers who stipulate to a "Good Neighbor Agreement", must be allowed. Campers who stipulate to a "Good Neighbor Agreement", must be allowed.
-Local property owners who do not stipulate to a good neighbor agreement, should not receive response from Law Enforcement to their complaints except to educate them on what the law requires and allows.+Local property owners who do not stipulate to a good neighbor agreement, should not receive response from Law Enforcement to their complaints except to educate them on what the law requires and allows.   Campers who decline to agree with a "good neighbor agreement", can be cited for trespass
  
 ==== Good Neighbor agreement derived from the second table of the decalogue ==== ==== Good Neighbor agreement derived from the second table of the decalogue ====
 // Concise and easily cognizable summary of existing Oregon Statutes and Moral Law// // Concise and easily cognizable summary of existing Oregon Statutes and Moral Law//
-     1.  No Murder or other personal injury. No threats of violence +     1.  No Murder: (or other personal injury). No threats or incitement to violence.  No requirement that pregnant participants obtain abortions in order to retain their tenancy. 
-     2.  No Adultery or other sex crimes.  No bothering neighborhood youth+     2.  No Adultery: (or other sex crimes)  Married couples camping together should not be separated.  Domestic partnerships can be encouraged with ethical contracts, in lieu of vows, and should be recognized.  This is the best solution to "homelessness", and the most likely path to long-term stable housing
-     3.  No Man-stealing, enslavement, coercion, false imprisonment, kidnapping. +     3.  No stealing humans: no coercion, rape, enslavement, false imprisonment, or kidnapping. 
-     4.  No Perjury in court, or false reports in a juridicial process +     4.  No Perjury in court: no false reports in a juridicial process; uphold the administration of justice. 
-     5.  No Covetousness - no theft or damage of movable property, tresspass or encroachment+     5.  No Covetousness - no theft, embezzlement, or damage of movable property, no trespass or encroachment on residential property, no deception or fraud, no attractive nuisances, etc.
  
 Post a copy of these mandatory rules on nearby infrastructure,  Post a copy of these mandatory rules on nearby infrastructure, 
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 ===== Courts and Self-Government ===== ===== Courts and Self-Government =====
 We urge Multnomah County to exercise leadership in providing campsites that are low-cost, low-maintenance, and low barrier to entry, and respectful of neighborhoods and neighborhood rights, according to the principles outlined here.   It can succeed at this by re-assigning some of its county and district attorneys, judges, and public defenders to serve as magistrates and advise neighborhood councils which would provide the forum for self-government, according to the "good neighbor agreement" stipulated here, which may be ratified and amended as necessary by each neighborhood council district according to its own deliberative process.  These will have to train participants to mediate conflicts, judge the accused, assign reasonable penalties of community service, excommunicate defiant offenders, and hear appeals as necessary. We urge Multnomah County to exercise leadership in providing campsites that are low-cost, low-maintenance, and low barrier to entry, and respectful of neighborhoods and neighborhood rights, according to the principles outlined here.   It can succeed at this by re-assigning some of its county and district attorneys, judges, and public defenders to serve as magistrates and advise neighborhood councils which would provide the forum for self-government, according to the "good neighbor agreement" stipulated here, which may be ratified and amended as necessary by each neighborhood council district according to its own deliberative process.  These will have to train participants to mediate conflicts, judge the accused, assign reasonable penalties of community service, excommunicate defiant offenders, and hear appeals as necessary.
- 
  
 =====320 Updated Public Camping Restrictions===== =====320 Updated Public Camping Restrictions=====
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 **Our Proposed Amendments will be added Bold, soon.   For the reasons stated above, we find the ordinance to be inadequate and objectively unreasonable and unlikely to survive a legal challenge, which we may bring if the council legislates it.** **Our Proposed Amendments will be added Bold, soon.   For the reasons stated above, we find the ordinance to be inadequate and objectively unreasonable and unlikely to survive a legal challenge, which we may bring if the council legislates it.**
  
 +
 +======History and Present of Portland Houseless Policy=====
 +       * July 2024 [[https://www.opb.org/article/2024/07/30/multnomah-county-sheriff-nicole-morrisey-odonnell-says-wont-jail-homelessness/|Sherriff Morrisey-ODonnell refuses to book houseless persons for mere violation of municipal ordinance]].  “Arresting and booking our way out of the housing crisis is not a constructive solution,” Sheriff Nicole Morrisey O’Donnell wrote, and we concur.  [[https://www.wweek.com/news/2024/07/30/mayor-blames-sheriff-for-declining-to-book-man-arrested-for-violating-citys-camping-rules/|Mayor Wheeler and the whole city council are surprised by this]], but they shouldn't be.
 +       * [[wp>City of Grant's Pass v. Johnson]] overturns the precedent of [[wp>Martin v. Boise]], which had held that criminalization of sleeping bags, tents, and makeshift shelter constituted "cruel and unusual punishment", prohibited by the [[wp>Eighth Amendment to the United States Constitution]] to the U.S. Constitution.
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