Salem Mayor Julie Hoy Proposes Initiative to Regulate Homeless Encampments

Salem Mayor Julie Hoy is leading a signature-gathering campaign for a potential ballot initiative that would grant Oregon cities and counties broader authority to regulate or remove homeless encampments and personal property from public spaces. The proposed measure aims to clarify local enforcement powers following the U.S. Supreme Court’s June 2024 ruling in City of Grants Pass v. Johnson, which affirmed that local governments may enforce bans on public camping without violating the Eighth Amendment’s protection against cruel and unusual punishment.

What the Proposed Initiative Would Change

The initiative seeks to establish a clear legal framework for municipalities to manage public land use. According to Mayor Julie Hoy, the goal is to provide local officials with the tools necessary to address public health and safety concerns associated with long-term encampments. Current state law, specifically ORS 195.530, requires local governments to ensure that any local ordinance regulating sitting, lying, or sleeping in public spaces is “objectively reasonable” regarding time, place, and manner.

Proponents argue that the state’s existing reasonableness standard creates significant legal uncertainty, leaving cities vulnerable to litigation when they attempt to clear encampments. By codifying local authority through a ballot measure, supporters intend to create a baseline that prioritizes the maintenance of public parks and sidewalks over the establishment of semi-permanent residential sites.

How the Supreme Court Ruling Influences Local Policy

The push for this initiative follows the June 28, 2024, Supreme Court decision in City of Grants Pass v. Johnson. In a 6-3 ruling, the Court determined that the Eighth Amendment does not prohibit cities from enforcing general bans on camping on public property, even when no alternative shelter is available. This decision effectively overturned the Ninth Circuit’s previous interpretation of the “Martin v. Boise” precedent, which had limited cities’ ability to enforce anti-camping ordinances unless they could prove that sufficient shelter space was available for the unhoused population.

While the Supreme Court ruling removed the federal constitutional barrier, it did not automatically repeal state-level statutes. Oregon’s HB 3115 remains in effect, requiring local ordinances to be “objectively reasonable.” Mayor Hoy’s initiative represents a state-level legislative push to align Oregon’s statutory landscape with the expanded enforcement powers now permitted under federal law.

Potential Impact on Municipal Enforcement

If the initiative successfully reaches the ballot and gains voter approval, it would likely lead to a shift in how law enforcement and city workers approach encampment abatement.

• Increased Enforcement Authority: Cities would gain more latitude to clear areas that present documented health hazards, such as fire risks or sanitation issues.
• Standardized Procedures: By moving toward a statewide standard, municipalities may reduce the risk of inconsistent enforcement across different jurisdictions.
• Resource Reallocation: Critics of the measure, including various housing advocacy groups, have expressed concern that increased enforcement could divert resources away from long-term housing solutions and support services.

Frequently Asked Questions

Does this initiative override federal law?

No. The initiative operates within the bounds of federal law. Because the Supreme Court ruled that public camping bans are not inherently unconstitutional, states have the authority to decide whether to allow or restrict such ordinances at the local level.

What is the current legal status of encampment removals in Oregon?

As of late 2024, cities must still comply with ORS 195.530, which requires that any enforcement of camping bans be “objectively reasonable.” This includes providing notice before removing personal property and ensuring that ordinances do not unfairly target individuals based on their housing status.

What happens next in the process?

To qualify the initiative for the ballot, Mayor Hoy and her supporters must gather a required number of signatures from registered Oregon voters. If the signature threshold is met, the measure will be submitted to the Secretary of State for verification before appearing on a future statewide election ballot.