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City attorney briefs council on HB 3115 and impact of recent Supreme Court ruling on camping laws
Summary
City attorney Jared Reed told the Prineville City Council the U.S. Supreme Court’s decision in Johnson v. Grants Pass overturned Ninth Circuit precedent but left Oregon’s HB 3115 and the state-level requirement that local camping rules be “objectively reasonable” intact; city staff will review local ordinances for tweaks.
City attorney Jared Reed summarized legal changes affecting local camping and unsheltered-population enforcement, telling the Prineville City Council that a recent U.S. Supreme Court decision reversed key Ninth Circuit precedent but did not nullify state law enacted in response.
Reed reviewed Martin v. Boise and Blake v. Grants Pass — Ninth Circuit decisions that had limited enforcement of camping ordinances where shelter beds were limited — and said the Supreme Court in Johnson v. Grants Pass “reversed” that line of cases. Reed said the court determined “the Eighth Amendment regulates types of punishments, not who can be punished,” adding the high court found common local punishments such as fines or short jail terms were not categorically cruel and unusual.
Reed cautioned that Oregon’s House Bill 3115 remains state law. “HB 3115 is a state law,” he said, and it continues to require cities to write time, place and manner restrictions that are “objectively reasonable.” Reed explained that HB 3115 also allows a class of plaintiffs to bring preemptive suits challenging ordinances, so the practical effect for cities is a continued need to ensure ordinances meet the state statute’s reasonableness standard.
The attorney said the Supreme Court decision narrows the preemption trend he described from the Ninth Circuit and will likely make preemptive suits harder to bring unless a municipality’s rules are particularly egregious. He advised staff will review Prineville’s camping ordinance to determine whether any adjustments are needed in light of the decision and recent Oregon district-court guidance referenced in the meeting materials.
The council did not take formal action on the briefing; Reed handed out a memorandum and answered council questions. He framed the update as guidance and next steps for staff rather than a request for immediate policy changes.
The council moved on to other business after the legal update; Reed said he will continue to monitor any relevant court or legislative developments and report back if revisions to the city’s ordinance are recommended.
