Eugene council opposes repeal of state ‘time, place and manner’ law for outdoor sleeping

EUGENE, Ore. — The Eugene City Council voted 6–1 on Jan. 29, 2025 to oppose bills that would repeal House Bill 3115 (now codified as ORS 195.53), a 2021 Oregon law that set standards for time, place and manner restrictions on regulations affecting people experiencing homelessness.

Ethan Nelson, the city’s intergovernmental relations manager, told the council the statute—enacted after 2021—says in part that “any city or county law that regulates the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place, and manner with regards to persons experiencing homelessness.” Nelson said Senate Bill 593 and companion House bills would repeal that statute; he identified Senator Mark Meek as the senate sponsor and said House bills with identical language were sponsored by Representatives Juncker, Mannix and Deal and that Senator Bonham was a sponsor on a senate measure with the same language.

Councilors debated the practical effect of repeal. Several members, including Councilor Leach, Councilor Kaczynski, Councilor Yate and Councilor Clark, said they opposed repeal because the state statute provides a consistent baseline that supports local code and local tailoring. Councilor Zelenka said the issue is complex and noted that the U.S. Supreme Court’s 2024 rulings had changed the legal landscape; city staff and the city attorney explained that Eugene’s local code remains in force regardless of state repeal and that the Supreme Court decision did not force cities to remove local protections.

City Attorney Catherine (last name not specified in transcript) told the council the legal and factual picture is fluid and that the city is monitoring developments closely. She said the city and other Oregon cities are coordinating to track legal changes and potential operational impacts.

Councilor Evans moved to “oppose the legislative effort to repeal House Bill 3115.” The motion was seconded and passed 6–1. The transcript records the final tally but does not give a full roll-call list of individual yes/no votes.

Councilors asked staff to continue monitoring legislative activity and any state or federal court developments and to report back if action is needed to protect local code or to adjust city operations.