Oregon city at heart of Supreme Court homelessness ruling to ensure camping spaces under settlement
Disability Rights Oregon, which sued Grants Pass in January, said Friday that it had reached a settlement agreement. The advocacy group accused the city of discriminating against people with disabilities and violating a state law requiring cities' camping regulations to be 'objectively reasonable.'
'This settlement represents a significant step forward in ensuring people with disabilities experiencing homelessness have places to rest, basic necessities like drinking water, and real opportunity to stabilize their lives,' Jake Cornett, executive director and CEO of Disability Rights Oregon, said in a statement.
Grants Pass Mayor Clint Scherf said in an email Tuesday that the city appreciates having reached an agreement and will "continue to work toward effective measures to benefit all members of our community.'
A copy of the settlement agreement showed the city signed off on it earlier this month.
Josephine County Circuit Court Judge Sarah McGlaughlin issued a preliminary injunction in March blocking the city from enforcing its camping rules unless it increased capacity at city-approved sites for camping and ensured they are physically accessible to people with disabilities.
City ordinances prohibit sleeping or leaving personal property in a park overnight in most cases. Those found in violation can be fined up to $50.
The city said Friday on Facebook that law enforcement 'will begin noticing the parks, and occupants will have 72 hours to remove their belongings.'
The city's website shows three 'designated resting locations' in the downtown area, near City Hall and the police station, where people can stay for four days before having to relocate. The time limit can be enforced unless disability accommodations are necessary, the city said on Facebook.
At resting sites, individuals are limited to spaces that are 8 feet by 8 feet (2.4 meters by 2.4 meters), with buffers of 3 feet (0.9 meters) between spaces, as outlined in city code.
Under the settlement, Grants Pass must ensure that at least 150 camping spaces are available in compliance with the Americans with Disabilities Act for the next 12 months. Drinking water and hand washing stations must be available on-site.
The city must also provide $60,000 in grant funding to a nonprofit for homeless services.
Grants Pass, a small city of about 40,000 along the Rogue River in the mountains of southern Oregon, has struggled for years to address the homelessness crisis and become emblematic of the national debate over how to deal with it. Its parks in particular became a flashpoint, with many of them becoming the site of encampments blighted by drug use and litter.
Last June, in a case brought by the city, the U.S. Supreme Court ruled that communities can ban sleeping outside and fine people for doing so, even when there are not enough shelter beds.
After the high court ruling, Grants Pass banned camping on all city property except locations designated by the City Council, which established sites for the town's hundreds of homeless people in a bid to move them from the parks.
Upon taking office in January, the new mayor and new council members moved to close the larger of the two sites, which housed roughly 120 tents, according to Disability Rights Oregon's complaint, which said the sites were frequently crowded with poor conditions and inaccessible to people with disabilities because of loose gravel. After the lawsuit was filed, the city reopened a second, smaller site.
McGlaughin's order in March said the city had to increase capacity to what it had been before the larger site was closed.
Homelessness increased 18% last year nationwide, driven mostly by a lack of affordable housing as well as devastating natural disasters and an increase in migrants in some areas.
Claire Rush, The Associated Press
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles

Yahoo
32 minutes ago
- Yahoo
Maryland Gov. Wes Moore's press secretary leaves for campaign role
BALTIMORE — Maryland Gov. Wes Moore's press secretary left his state government role on Tuesday, moving to a senior advisory role on the governor's reelection campaign. Carter Elliott IV, who served as senior press secretary since Moore took office in January 2023, announced his departure in an email Tuesday. 'As my last day in the Governor's Office comes to a close, I just want to reach out to say it was the greatest pleasure of my life to serve in this role and I'm grateful to have gotten to know some incredible people,' Elliott said in the email. 'I grew up in a family where the best career that you could follow was being a farmer, a teacher, or a public servant — this had been my dream for as long as I can remember.' The Baltimore Sun reached out to Elliott for further details about his new role on Moore's campaign. In an email to the governor's staff, obtained by The Sun, Elliott thanked his colleagues for 'making Maryland a home.' He lived in Baltimore before moving to Annapolis this year. Elliott expressed gratitude for his work in the governor's office, which this year included a tumultuous legislative session in which lawmakers increased taxes and cut spending to close a $3.3 billion deficit. He described Moore as 'the best governor in the country' and said 'to work for someone that inspires you is something special.' A native of Virginia, Elliott was previously communications manager for Moore's 2022 gubernatorial campaign, according to his LinkedIn page. He earned an annual salary of $104,000 as Moore's press secretary, according to government data. -------------

Yahoo
34 minutes ago
- Yahoo
Revenue forecast: NM took in $390 million more last year than previously projected
Aug. 19—SANTA FE — New Mexico took in $390 million more in the just-ended budget year than previously projected, giving lawmakers more wiggle room to respond to federal reductions to health care and food assistance programs. But a projected decrease in oil prices and a tepid outlook for future job growth could signal a looming slowdown to the state's recent revenue boom, top state budget officials told lawmakers during a Tuesday committee hearing. Those trends could also complicate the state's ability to absorb the federal funding changes on a long-term basis, assuming the reductions are left in place. The top budget official in Gov. Michelle Lujan Grisham's administration, Finance and Administration Secretary Wayne Propst, said the larger-than-expected revenue collections could allow lawmakers to put more money into two new state trust funds created this year — a behavioral health trust fund and a Medicaid trust fund. "We'd like to see those filled up as soon as possible," Propst told members of the Legislative Finance Committee at a Tuesday meeting in Las Cruces. Moving more state dollars into the trust funds could be the primary focus of a special session Lujan Grisham is expected to call next month. Top Governor's Office staffers have been meeting with legislative leaders in recent weeks about a special session spending package that could exceed $400 million, according to lawmakers involved in the discussions. The federal budget bill signed by President Donald Trump could lead to more than 90,000 New Mexico residents losing health care coverage and the possible closure of rural hospitals, state health officials have warned. The federal budget bill is projected to cost the state an average of $206 million per year over the next five years, executive and legislative branch economists projected. Sen. George Muñoz, D-Gallup, the LFC's vice chairman, said he's especially concerned about federal changes to the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, and said most state agencies should expect largely flat budgets in the coming year. "We've put a lot of money out into the economy, but we haven't seen the returns," he said during Tuesday's hearing. Muñoz also expressed concern that some of the state's revenue growth has been caused by rising inflation, which boosts state gross receipts tax revenue but negatively affects consumers. But Lujan Grisham described the new state revenue estimates as good news, given the state's future funding challenges. "Today's announcement that our state can expect nearly a half-billion dollars in additional revenue will help us protect the essential services for New Mexicans that Washington has abandoned," the governor said in a statement. Positive trends amid looming uncertainty Despite the uncertain future, the revenue estimates released Tuesday show positive recent state labor trends. New Mexico averaged 1,817 new jobs created per month over the first six months of this year, with 2,900 jobs added in June alone, according to Taxation and Revenue Department data. Much of that job creation was in the construction, health care and education fields. Meanwhile, the state lost jobs in the leisure and hospitality industry and also saw its number of federal workers decline. The state's overall growth in gross receipts tax revenue and positive investment returns were among the reasons the state took in more revenue during the fiscal year that ended in June than was projected eight months ago. "The base is higher, but the expectation for growth is lower," said state Taxation and Revenue Department Secretary Stephanie Schardin Clarke. Surging oil production in southeast New Mexico's Permian Basin has been a primary driver of the state's revenue boom over the last several years, while also allowing lawmakers to set aside millions of dollars in the newly-established trust funds for future use. Despite a recent dip in oil prices, the New Mexico State Land Office announced Tuesday it had broken a revenue record from oil and gas leases, driven by a newly implemented 25% royalty rate on certain extraction activities in the Permian Basin. The agency recorded $256 million in revenue at an August auction, in which 10 leases were offered in Lea and Eddy counties. Nine of the leases included the new rate. Preparing for 'rainy days' Looking ahead, legislators are projected to have roughly $485 million in "new" money during the coming fiscal year — a figure that represents the difference between projected revenue levels and current total spending. That budgetary windfall could allow for additional backfilling of safety net programs like Medicaid and SNAP. Senate Minority Whip Pat Woods, R-Broadview, said Tuesday some of the money could also be used to provide tax breaks for New Mexico residents, after a tax package approved by lawmakers this year was vetoed by the governor. But Rep. Derrick Lente, D-Sandia Pueblo, said legislators should also continue with the strategy of investing some incoming revenue for future use. "We're not just blowing money," he said. "We're putting it away for rainy days." In fact, with the total value of the state's various permanent funds having recently surpassed $64 billion, investment income is on track to overtake oil and natural gas as the state's primary revenue source in the coming years, Propst said. But the state's investment largesse could also prompt a new debate over how much of the money should be invested — and how much should be spent more immediately. "We are a very, very fortunate state and it is ironic that we have the poorest population in the nation," said Rep. Rebecca Dow, R-Truth or Consequences, during Tuesday's hearing. Journal business editor Matthew Narvaiz contributed to this report. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
Yahoo
34 minutes ago
- Yahoo
Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment
A federal appeals court on Tuesday halted New Mexico's seven-day waiting period for gun purchases, ruling that it likely infringes on citizens' Second Amendment rights. The 2-1 ruling by the 10th U.S. Circuit Court of Appeals leaves the law on hold pending a legal challenge and returns the case to a lower court. The waiting period went into effect in May of last year and included violators being subject to a misdemeanor, but it does have an exception for concealed permit holders. Democrats had enacted the measure in an effort to allow for more time for federal background checks on gun buyers to be completed. "Cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms, and burden conduct within the Second Amendment's scope," Judge Timothy Tymkovich wrote for the majority. "We conclude that New Mexico's Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens." Nra And Conservative Legal Group Sue Democrat Governor Over 7-Day Waiting Period To Buy Guns The Mountain States Legal Foundation and National Rifle Association filed the lawsuit on behalf of two New Mexico residents, arguing that the law was unconstitutional and delayed access to firearms for victims of domestic violence and other citizens. Read On The Fox News App The lawsuit referenced the U.S. Supreme Court's landmark 2022 decision in New York State Rifle and Pistol Association v. Bruen in which a new standard to determine whether a gun restriction is unconstitutional was established. To meet that standard, the government must show there is a "historical tradition of firearm regulation" that supports the law. Michael McCoy, director of the Mountain States Legal Foundation's Center to Keep and Bear Arms, celebrated the ruling. "The court found that there was no analogous law from that era that would support the modern day law that's at issue," McCoy said. "For now, it means New Mexicans can go buy their firearms without an arbitrary delay imposed." Federal Appeals Court Rules California Ammunition Background Checks Unconstitutional John Commerford, executive director of the National Rifle Association's Institute for Legislative Action, also praised the court's decision, saying it "serves as a key piece in dismantling similar gun control laws across the country." In a dissent, Judge Scott Matheson argued that New Mexico's waiting period "establishes a condition or qualification on the commercial sale of arms that does not serve abusive ends." Gov. Michelle Lujan Grisham, a Democrat, said she was disappointed with the ruling and claimed it would likely cost lives. "New Mexico's waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights," Lujan Grisham said in a statement, pointing to other exceptions for gun purchases by law enforcement officers and transactions between immediate family members. "Waiting periods prevent impulsive acts of violence and suicide, giving people time to step back and reassess their emotions during moments of crisis," she added. Since she was sworn in as governor in 2019, Lujan Grisham has signed several gun control measures, including a "red flag" law allowing a court to temporarily remove guns from people suspected of being at risk of hurting themselves or others and restrictions on firearms near polling places. In 2023, the governor suspended the right to carry guns in public parks and playgrounds in Albuquerque in response to shootings across the state that killed children. Lujan Grisham declared a state of emergency in Albuquerque earlier this year, saying that a significant uptick in crime warranted the help of the state's National Guard. She also declared a state of emergency last week over violent crime and drug trafficking across parts of northern New Mexico. Legal experts have said the ruling could have wider consequences because other states, including California, Hawaii and Illinois, have imposed similar restrictions on gun purchases. In New Mexico, the waiting period applies to all licensed dealer firearm sales for handguns and long guns. The only exception applies to concealed carry permit holders, law enforcement and immediate family transfers. Those in support of the waiting period laws argue that research links the law to reduced suicides and crimes of passion limiting impulsive behavior. Officials in New Mexico have not said if they will seek review from the full 10th Circuit or appeal directly to the U.S. Supreme Court. The Associated Press contributed to this article source: Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment Solve the daily Crossword