Salem officials and service providers expect to see little change to public camping as the city lifts a rarely enforced ban on sitting or lying on city sidewalks during the day.
A new ordinance approved by the city council will take effect June 22 removing the city’s restrictions on leaving unattended property for over two hours on a sidewalk, and regulations restricting daytime sitting and laying on sidewalks.
The Oregon Legislature in 2021 passed two bills requiring cities and counties to issue a three-days notice before clearing camps on public property and requiring that unsheltered people have access to certain public spaces. The requirements came after federal court rulings found that ordinances designed to prevent people without shelter from sleeping outside violated their constitutional rights.
The new ordinance is intended to comply with the bills by repealing the existing sidewalk restrictions related to sitting, lying and unattended property.
Salem city councilors approved the ban in March 2020 after its third attempt and years of debate on the matter. Downtown business owners at the time supported the ban as protection from a worsening homeless crisis, while service providers expressed concerns that the rule could endanger homeless people and force them away from services.
But the sit-lie ban required the city to expand daytime shelter to be available 7 a.m to 9 pm., seven days a week. Without such sheltering available, the ordinance couldn’t be enforced.
“Day center services are not available for the full hours needed. On most days, there is not adequate shelter for women, persons with challenging care needs, people in need of addiction recovery treatment programs and other services,” according to the city’s website. “Many report to us they have nowhere else to go. Others are seriously impacted by past trauma, creating large barriers to stepping indoors to temporary shelter or permanent housing. Different, more intensive services are what is needed and often not available.”
The city’s Covid emergency declaration which suspended enforcement of the anti-camping ban in 2020 also made it moot for much of the time it was in place, according to Jimmy Jones, executive director of the Mid-Willamette Valley Community Action Agency.
Even when the emergency period ended, Jones said there has been no fundamental change in homeless camping or enforcement.
“I don’t think there will be much difference in public camping,” he said of the ban being lifted. “Most of the homeless ignored the rule, and it wasn’t often enforced by (the Salem Police Department).”
In response to questions about police enforcement of the rule, department spokeswoman Angela Hedrick referred to a staff report presented to the Salem City Council on the matter.
She said in an email that the sit-lie ban and restrictions on leaving unattended property on sidewalks “have not been enforced, meaning not used in any manner.”
The city council voted unanimously in favor of repealing the sit-lie ban on May 22. Councilor Virginia Stapleton was absent.
Jones said he would like to see more data on enforcement actions with homeless people in Salem.
He added that downtown Salem has seen “enormous progress” in the past year regarding the city’s homeless crisis. More people have been sheltered, fewer are living on downtown streets and the problem feels more manageable for service providers than a few years ago. “We need to keep pushing that work forward,” he said.
According to Jones, the city has adopted a progressive policy where enforcement is based on complaints, which he and other advocates for homeless people have hoped for over the years.
“There is a sharp difference between the smart, progressive and humanitarian policies we are seeing in Salem today, policies that are successful, and the criminalization and indignities that we are seeing in Portland, policies that are doomed to failure there,” he said.
When asked about the city’s change, several homeless people questioned why there was ever a rule against sitting or lying on a public sidewalk, saying there are few places in Salem where they can stay during the day.
“There are not many places you’re legally allowed to camp,” said Dee Kay, a homeless man resting at Marion Square Park.
Michael Warren, who stays in downtown Salem, told Salem Reporter that crews frequently ask him to move his belongings while they clean, but allow him to return after they do so.
Camping restrictions are still in place in parks or residential zones, according to a report from City Attorney Dan Atchison.
But Josh Lair, the Salem-based community outreach coordinator for Ideal Option, said that rule has never been fully enforced at Wallace Marine Park.
“I get that being homeless is not a crime, never would expect that to become one either, however camping in parks is and it is not enforced. You cannot even go walk or run in West Salem because of the incidents that take place out there,” Lair said.
Camping restrictions will also still be in effect near building entrances, residential zones and existing shelters, as well as street, alley and driveway corners where clear vision is needed, Atchison’s report said.
Under the new ordinance, Salem’s city manager could also designate camping bans in areas that have high traffic, are environmentally sensitive or have become “a threat to public health or safety,” according to the report.
Courtney Knox-Busch, the city’s strategic initiatives manager, said the Salem officials haven’t identified any such locations, but will be monitoring areas throughout the city and can take action based on information they receive from local service providers.
“If we do become aware of someone in spaces that are high traffic or environmentally sensitive, we do work with them to identify alternative options,” she said.
Camps on sidewalks would be required to leave 36-inches of room for pedestrian passages that comply with the Americans with Disabilities Act.
City staff will provide information to people and work with them to “reduce the footprint on the sidewalk,” according to Knox-Busch.
She said the city welcomes reports from the public about any areas where they experience blocked sidewalks or other concerns.
Contact reporter Ardeshir Tabrizian: [email protected] or 503-929-3053.
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Ardeshir Tabrizian has covered criminal justice and housing for Salem Reporter since September 2021. As an Oregon native, his award-winning watchdog journalism has traversed the state. He has done reporting for The Oregonian, Eugene Weekly and Malheur Enterprise.
