Grants Pass sued again over ‘objectively unreasonable’ homeless ordinances

By Jeremiah Hayden (Street Roots)
Jan. 30, 2025 6:22 p.m. Updated: Jan. 31, 2025 1:59 a.m.

Months after its Supreme Court win, Grants Pass faces a new lawsuit claiming its homeless policies violate state law and discriminate against people with disabilities

FILE - Grants Pass, Ore., March 1, 2020. Months after a win at the Supreme Court, the city of Grants Pass faces a new lawsuit over its homelessness policies.

FILE - Grants Pass, Ore., March 1, 2020. Months after a win at the Supreme Court, the city of Grants Pass faces a new lawsuit over its homelessness policies.

Bradley W. Parks / OPB

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Two law firms filed a joint, emergency lawsuit in Josephine County Circuit Court Jan. 30, requesting a temporary injunction against the city of Grants Pass over its time, place and manner restrictions on homeless residents.

Disability Rights Oregon, or DRO, and the Oregon Law Center, or OLC, filed a joint complaint on behalf of five individuals who live with disabilities in Grants Pass, ages 47 to 66.

The lawsuit asked the court to issue an immediate temporary restraining order to stop the city’s closing of J Street — one of two designated campsites — with the other smaller site at 7th Street limited to only overnight availability. Homeless Grants Pass residents face the threat of citations and 30-day exclusions from the camp under city ordinances if they cannot comply.

The lawsuit comes seven months after the U.S. Supreme Court ruled it is constitutional for cities to punish homeless residents who have no other option for shelter in its June 28, 2024, Grants Pass v. Johnson decision, which originated in the city.

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However, an Oregon state law, ORS 195.530 — commonly referred to as HB 3115 — requires local regulation of homelessness to be “objectively reasonable” and consider the totality of the circumstances, including “the impact of the law on persons experiencing homelessness.” The Supreme Court noted the state law in its decision.

The complaint said Grants Pass’ ordinances violate Oregon’s ORS 195.530 and ORS 659A.142, which says a place of public accommodation may not discriminate against a person with a disability, according to the complaint. The state law is intended to align with federal law under the Americans with Disabilities Act.

“The city’s actions are also unreasonable and in violation of nondiscrimination law as they unfairly target, impose a disparate impact on, and fail to accommodate people with disabilities,” the complaint said.

Tom Stenson, DRO deputy legal director, said Grants Pass left so few places where people could legally exist that it clearly violated the state law.

“This seemed like the epitome of something that was objectively unreasonable within the meaning of Oregon State law,” Stenson said. “It’s physically impossible to put everybody who is homeless in this tiny piece of land.”


Read more of this story in Street Roots.

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