3
After the Anderson vs. City of Portland settlement
in 2012 and
the “Safe Sleep” policy
in 2016, confusion on the legality of homeless
camps spiked throughout the city. Neither the Portland Police Bureau
nor the people knew exactly how to deal with the homeless camps
popping up. This caused police to stop enforcing camping laws even
during daytime hours when the “Safe Sleep” policy states that setting
up tents was not allowed during that time
. By accepting the campsites
even during ‘not allowed times’ reluctantly without protest or
enforcing the law, it created an acquiescence law
.
The City of Portland has been working hard trying to solve the
homeless campsite problem since the “Safe Sleep” policy was rescinded.
Portland Police Sergeant and the director of the Joint Office for
Homeless Services Marc Jolin are working together to clear these
Anderson vs. The City of Portland (settlement) Case 6:80-cv-01447-AA, Document 91,
12 September 2012, available at: https://www.documentcloud.org/documents/4104410-
Anderson-v-Portland-Settlement.html
*Marlin Anderson was homeless and sleeping in Delta Park in Portland, when an officer
stopped Anderson and cited him for unlawful camping. The charges were dropped however
Anderson joined other homeless plaintiffs who sued the City of Portland in 2008,
claiming their constitutional rights were violated. In 2012 the city and plaintiffs
areed on a settlement of $3200 plus all legal fees paid along with a strict set of
rules the city had to follow when clearing homeless camps. You can find the list of
said rules in the court settlement documentation.
Smith, Emily E. “Charlie Hales Ends ‘safe Sleep’ Policy Allowing Homeless Camping.”
Oregon Live. August 03, 2016. Accessed May 22, 2018.
http://www.oregonlive.com/portland/index.ssf/2016/08/charlie_hales_ends_safe_sleep.htm
l.
*Portland’s former Mayor Charlie Hales initiated the “Safe Sleep” policy that allowed
homeless people in small groups to set up sleeping bags on city sidewalks between 9pm
and 7am and set up tents on other city owned land. Policy was meant to give people a
safe place to sleep undisturbed at a time when shelters were full. Policy was
rescinded in August 2016, six months after it was initiated.
Tierney, John. “Tent City: How We Got Here.” KGW. January 25, 201.
As defined by dictionary.com, Acquiescence (noun)- Law. such neglect to take legal
proceedings for such a long time as to imply the abandonment of a right.