Pendleton seeks to dismiss lawsuit with new shelter ordinance in place

PENDLETON – Following the adoption of a new sheltering ordinance last month, the city of Pendleton sought to dismiss a lawsuit that challenged the city’s treatment of homeless persons.

In a hearing Friday the city, represented by attorney Chad Jacobs, argued that the adoption of its “sheltering” ordinance addressed plaintiffs’ complaints, rendering the lawsuit moot. He noted that the ordinance does not prevent anyone resting or protecting themselves from the elements outside of the permitted sheltering hours, as long as they do not erect a shelter per the ordinance.

He also mentioned other stipulations of the ordinance, which include police providing a map of sheltering locations when handing out a citation.

Allison Nasson of the Oregon Law Center, representing the plaintiffs, said the city did not fulfill its burden of proving the lawsuit is negated by new ordinances. She argued the fundamental basis of the lawsuit was making sure homeless people could sufficiently protect themselves from the elements in the city’s climate at all times, not just overnight.

“We’re looking at the regulations from the perspective of someone who has no choice but to live outside,” Nasson said.

Judge Daniel J. Hill, who presided over Friday’s hearing, questioned whether the court was fully satisfied that the city would follow through on the stipulations of the new ordinance. Jacobs pointed out that police handing out maps was a requirement of the ordinance, and that signs displaying the maps had been paid for and ordered.

Hill said he will take the matter under advisement and release an opinion in the next 10 days.

---

• 
• 
• 
• 

---

• 
• 
• 
• 

---

Elkhorn Media Group