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Oregon Legislature kills the Right to Rest Act (HB 2367) after 7-minute “hearing”

April 16, 2021 by Jonathan 5 Comments

The Oregon Right to Rest Act (HB 2367) would have removed laws that further entrench people into poverty and traumatize our neighbors by citing them for sleeping, sitting, and standing in public space. In spite of the overwhelming public response to the bill and the Oregon Legislature’s stated interest in addressing over-policing and the homelessness crisis, HB 2367 was killed after a mere seven-minute hearing. Only three people were given the opportunity to speak to the committee on record. This a devastating blow to the unhoused community, who will surely face increased harassment by law enforcement as coronavirus protocols are lifted and the fire season begins. Furthermore, the fact that the Chair retains sweeping power to pull and reschedule bills at will, with no clear protocol or communication with constituents, represents a continued negligence on behalf of the Oregon State Legislature to uphold the values of representative government.

 

 

 

 

 

 

 

 

 

 

The entire legislative process surrounding HB 2367 was deeply convoluted and inaccessible, especially for unhoused community members looking to participate. HB 2367 was initially scheduled for a hearing on March 9, but was inexplicably pulled from the agenda the day before. Community members fought to get the hearing rescheduled, and once it was rescheduled, they had to scramble to coordinate resources in order to make the hearing accessible for those without internet or computer access. This was made more difficult given that we weren’t able to clarify with any certainty what the new hearing process would look like or why it was changed so suddenly in the first place. What may seem like small procedural tweaks ultimately amount to the reinforcement of historical inequities in which only the wealthy and powerful (read: white) can engage with their government in a meaningful way. Chair Bynum’s statement that the hearing would be “carried over” was a performative and empty promise;  since April 13 was the deadline for bills to be voted out of House or Senate committees, the bill died when it was not dignified with a vote after the tokenizing seven-minute hearing it received.  

While the sponsor who introduced the bill, Representative Wlnsvey Campos, and the community members who were lobbying for it are all still piecing together exactly how this egregious injustice was allowed to happen, one thing remains clear: killing this bill will not move Oregon any closer to “ending homelessness.” In the media coverage about this session, there has been serious misinformation circulating that HB 3115 is a similar, if not stronger, “homeless bill.” Excluding the fact that HB 2367 addresses a much broader issue of discriminatory policing, the two bills accomplish very different aims. HB 2367 would end the criminalization of homelessness by establishing that people are legally not allowed to be harassed, arrested or cited for sitting, sleeping, or lying down in an unobstructive manner. HB 3115 merely states that the laws used to harass, cite, and arrest people for conducting these survival activities must be reasonable. For examples of what this “reasonableness” could entail, look no further than a recent ordinance passed in Medford, Oregon with the expectation that it would be compliant under HB 3115. This ordinance would prohibit staying in one place for over 24 hours, continue the ban on the use of nearly all tents (even in winter), and those in violation would be subject to up to 30 days in jail. What is reasonable about shuffling people from place to place each day, or denying people the ability to shelter themselves from the elements?

The short answer is that criminalization can never be reasonable or humane. Law enforcement will still be able to use time, place, and manner laws as a bludgeon against anyone in the community deemed undesirable. People will die as a direct consequence of this discriminatory enforcement. Despite this disappointing and disrespectful end to the 2021 legislative session, we will continue working to advocate for the rights of poor and unhoused people to exist in public space. When will the Oregon government seriously address the conditions that oppress these people and the systems that perpetuate that oppression? Unfortunately, not this session.

Filed Under: #right2rest, Civil & Human Rights, Family Homelessness, HBR, Homeless Bill of Rights, Homeless Children's, Homelessness, Legislation, Local Government, News, Politics, Portland, Poverty, Press Releases, Right 2 Survive, Sisters of the Road, State Campaigns, State Government, Urban Homelessness, WRAP Article, WRAP in the News, WRAP Members, WRAP Staff

Reader Interactions

Comments

  1. Harley says

    April 17, 2021 at 6:02 pm

    Fortunately, the removal of this bill does not authorize a police officer or any municipality to enforce commercial code on an unwilling civilian. All one has to do to understand the sheer obscenity of these actions is research American history regarding an entities right to negotiate contract and how court proceedings are a mere commercial agreement between a municipality and the individual.

    There are federal laws against violating rights under code.
    https://www.justice.gov/crt/deprivation-rights-under-color-law

    There is also federal law about manufacturing consent.
    https://www.law.cornell.edu/uscode/text/18/1506

    If the question is whether a person consents or not, the answer can be found in their actions- not the report.

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  2. Susan Delles says

    April 18, 2021 at 12:36 am

    This is truly a disappointment especially when the legislature is controlled by Democrats. I wonder how much time was spent really considering the difference between these two bill. I hope we can do better next time.

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  3. Patti Kelly says

    April 19, 2021 at 3:46 pm

    I’m not in Oregon, but I’ve followed this story when I could. It’s heartbreaking to see what this gov’t is getting away with, and how they hurt defenseless people already mired in crisis. I’m very sad at this news. I am in a state known to be more conservative in policies. If this can’t pass in Oregon, I wonder what hope is there elsewhere….
    Thank you for all you do, and please please do not let this stop you in the fight against this dark and unjust thing. From my perspective, this is NOT just about the poor or those homeless. This is actually about the rights of the people in a very broad scale. Freedom and compassion are under full-scale assault! If they persevere in this vein, ALL of our rights as individuals will began to lessen. This can set precedent from other dark and draconian things against the individual in general. If there was something I could do in support of raising this awareness and curtailing this trend I would do so without a second thought.

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  4. Susan Delles says

    April 22, 2021 at 3:28 am

    The outcome of this bill is difficult to say the least.
    Where are these people supposed to go? I am disappointed in the legislative session as a whole. If a Democratic controlled session can not approve of humane legislation-what chance to we have of improvements?

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  5. Brian Schultz says

    April 27, 2021 at 11:26 pm

    I’m so disappointed in this. Are there any local actions planned people can join in?

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San Francisco, CA. Mayor’s Plan to Expand Shelte San Francisco, CA. Mayor’s Plan to Expand Shelter GUTS HOUSING FOR HOMELESS FAMILIES AND YOUTH 
https://wraphome.org/2023/05/31/mayors-plan-to-expand-shelter-guts-housing-for-homeless-families-and-youth/
Nationally, evictions from public housing have sur Nationally, evictions from public housing have surged since late 2021, when the federal government lifted an eviction moratorium put in place to protect renters during the pandemic, according to Peter Hepburn, associate director of Princeton University’s Eviction Lab.  https://conta.cc/3WJco9B
WRAP members and allies always tell us the vital i WRAP members and allies always tell us the vital importance of feeling connected to each other- sharing stories from our own communities, learning from past campaigns, and having artwork that we can share (and wear!) that affirms the life-saving message that we are in this together - we are not alone! 
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Join the Coalition On Homelessness San Francisco T Join the Coalition On Homelessness San Francisco Thursday May 11 at 12 noon steps of City Hall
1 Dr. Carlton Goodlett Place
San Francisco, CA 94102
We are thrilled to announce that yesterday the fin We are thrilled to announce that yesterday the final two Aloft residents, Juilo and Alberto who we asked for the community’s support in advocating for, got a commitment from the State for housing vouchers and the City agreed to bridge them in a hotel like everyone else!! This means that NO Aloft resident was kicked to the shelters or streets due to the closure!! This is a huge testament to what is possible when everyone comes together toward a housing goal and puts their resources toward housing! 
https://conta.cc/3LYOumD
Instagram post 17977559687207330 Instagram post 17977559687207330
Of course, in a time when the poor people are demo Of course, in a time when the poor people are demonized for being poor and homeless people are increasingly seen more as something to fear rather than human beings, it’s unfortunately not all that surprising.
https://conta.cc/3HxZpkV
https://conta.cc/3HwGcQq
We are thrilled to announce that yesterday the fin We are thrilled to announce that yesterday the final two Aloft residents, Juilo and Alberto who we asked for the community’s support in advocating for, got a commitment from the State for housing vouchers and the City agreed to bridge them in a hotel like everyone else!! This means that NO Aloft resident was kicked to the shelters or streets due to the closure!! This is a huge testament to what is possible when everyone comes together toward a housing goal and puts their resources toward housing! 
https://conta.cc/3HsVsOn
Unhoused people are most often prosecuted for "cri Unhoused people are most often prosecuted for "crimes of survival," like sitting, lying down, or sleeping in public space. In order to protect people from discriminatory enforcement of laws that were created deny people their right to exist where they happen to live The Right To Rest Act was created in 2015 and is still being fought for today!!!! 
The Right 2 Rest Act did not meet the threshold to be voted out of committee this term, but this informational hearing will ensure legislators know this bill is necessary to protect our human rights to public space! 
https://conta.cc/3KSclTn
Join us to discuss the specifics of the Right to R Join us to discuss the specifics of the Right to Rest Act, HB3501:  What it is, why we need it and how we make it happen in Oregon.  https://conta.cc/3ZOeMvA
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