House Bill 3501 Proposes Decriminalization of Public Rest for Homeless Persons

By Garrett Christensen on Thursday, May 4th, 2023 in More Top Stories Northeastern Oregon News

OREGON – An Oregon House Bill is currently proposing changes to the laws and regulations regarding the long-term use of public spaces by homeless individuals. All information described within this article is taken from the Oregon Legislative Information website and is publicly available. The bill title is “Relating to rights of persons experiencing homelessness; prescribing an effective date,” and is summarized as:

“Establishes Oregon Right to Rest Act. Makes violation unlawful practice enforceable by Commissioner of Bureau of Labor and Industries or by civil action. Takes effect on 91st day following adjournment sine die.”

Within the full description of the bill, Section 2 states that, “This act shall be known and may be cited as the Oregon Right to Rest Act.”

Below are quotes from, and summaries of, Sections 3 through 6 and their various subsections, which outline the primary functions and clauses of the bill. For the sake of coherency, the bill will not be quoted in full here. Those who would like more details on the bill can read it in its entirety at “HB3501 (oregonlegislature.gov). To begin, section 3 outlines the following:

“SECTION 3. (1) The Legislative Assembly finds that:

(a) Many persons in Oregon have experienced homelessness as a result of economic hardship, a shortage of safe and affordable housing, the inability to obtain gainful employment and a disintegrating social safety net system; and

(b) Decriminalization of rest allows local governments to redirect resources from local law enforcement activities to activities that address the root causes of homelessness and poverty.

(2.) It is declared to be the public policy of Oregon to guarantee persons experiencing

homelessness participation in the social and economic life of this state, remunerative employment, use of and free movement within public spaces, participation in and receipt of the

benefits of the services, programs and activities of state government and local governments

and housing accommodations of the person’s choice, without discrimination.”

Section 4 of the act defines harassment toward homeless persons as “a knowing and willful course of conduct directed at a person experiencing homelessness that a reasonable person would consider as seriously alarming, tormenting or terrorizing of the person experiencing homelessness.” The remainder of section 4 outlines the definition of homelessness.

Section 5 subsection 1(a) through 2(e) provide the following definitions of rights and law changes provided to homeless individuals under the new bill:

Persons experiencing homelessness be permitted to use public spaces in the same manner as any other person without discrimination based on their housing status;

A person experiencing homelessness has a privacy interest and a reasonable expectation of privacy in any property belonging to the person, regardless of whether the property is located in a public space; and

Every person in this state, including persons experiencing homelessness, have the rights set forth in subsection (2) of this section to be exercised without being subject to harassment, citation or arrest by law enforcement officers, public or private security personnel or employees of local governments.

(2) Notwithstanding any other law or regulation of state government or local government, a person experiencing homelessness has the following rights:

To use and move freely in public spaces without discrimination and time limitations that are based on housing status.
To rest in public spaces and seek protection from adverse weather conditions that are unsuitable for human exposure in a manner that does not obstruct human or vehicle traffic.
To eat, share, accept or give food in any public space in which having food is not prohibited.
To pray, meditate, worship or practice religion in public spaces without discrimination based on housing status.
To occupy a motor vehicle or a recreational vehicle provided that the vehicle is legally parked on public property or on private property with the permission of the private property owner.”

It should be noted that all rights or legal changes listed under section 5 do not apply if a space is closed to the general public or requires an entry fee, as stated in Section 5 subsection 3. In these cases: “When this subsection applies, and it is legal and reasonable to do so, law enforcement or local officials shall clearly designate and provide an appropriate alternative place for persons experiencing homelessness to rest without time limitations in the near vicinity.”

Section 6 concerns violations and penalties, reading:

“SECTION 6. (1) It is an unlawful practice for any person to deny, refuse, restrict or withhold from a person experiencing homelessness any of the rights listed in section 5 of this 2023 Act.

(2) Complaints alleging an unlawful practice under this section may be filed by the aggrieved person, or by a person lawfully acting on behalf of the aggrieved person, with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. The commissioner shall enforce this section in the manner provided in this chapter regarding other unlawful practices.

(3) Violation of this section subjects the violator to the civil remedies and penalties provided in this chapter”

Lastly for the primary defining sections, section 12 states that violations of section 5 could result in compensatory damages or up to $1,000 per violation to the offended person and a civil penalty of up to $1,000 to the violator.

Again, the bill in full can be found at HB3501 (oregonlegislature.gov). A public hearing for the bill was originally scheduled for May 4 but has been cancelled as of the time of writing. No additional information on a rescheduled hearing has been listed at this time.