Salem considers sit-lie ordinance to limit homeless sidewalk camping — again

The City of Salem is again considering an ordinance to restrict sleeping or lying on city sidewalks from dawn to dusk, two years after city councilors rejected a similar proposal amid public outcry.

The ordinance, which would also restrict the homeless' ability to set up campsites on sidewalks all day or night, is scheduled to go before the Salem City Council at its July 22 meeting, according to an email obtained by the Statesman Journal.

The proposal would restrict residents' ability to leave personal, unattended belongings on sidewalks all day or night for more than 24 hours. Sleeping and lying on sidewalks would be restricted from 7 a.m. to 9 p.m. The ordinance would apply citywide.

"With expanded facilities and services coming on line this fall, and Salem’s efforts to increase access to affordable housing in our community, the proposed Sidewalks and Public Space Ordinance aims to ensure all of Salem remains welcoming to all visitors," states the email, which was sent by Salem Urban Development Director Kristin Retherford to the members of the Downtown Advisory Board.

The proposal is one in a set of moves by city officials to address homelessness. Salem recently banned volunteers from feeding the homeless under the Marion Street Bridge. The city also has a homeless rental assistance program to get people off the streets and into housing, though that effort faces an uncertain future due to money problems.

City leadership has been working behind the scenes since at least May to resurrect the sit-lie proposal. For example, City Attorney Dan Atchison sent drafts of the ordinance to city leaders through May and June.

At least one of Salem's elected leaders has met with staff to talk about the latest effort. City Councilor Chris Hoy said he recently met with Police Chief Jerry Moore, City Manager Steve Powers and Atchison to discuss the proposal.

Legal problems have plagued sidewalk restrictions like this in the past. In 2009, a Multnomah County Circuit Court ruled a Portland sit-lie ordinance was unconstitutional, as it clashed with Oregon law.

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The July 11 email from Retherford stated: "The City of Portland enacted a similar ordinance several years ago, that an Oregon circuit court judge invalidated because it was found in conflict with an Oregon criminal law for pedestrian interference."

"The proposed Sidewalks and Public Spaces Ordinance avoids this issue by; 1) not imposing criminal sanctions (no jail) and 2) specifically addressing appearance and enhancement of community vitality," the email stated. "This ordinance is not directed at preserving physical pedestrian access or public safety."

Exact punishments for breaking the proposed rules remain unclear.

While the email states offenders cannot be jailed just for violating the ordinance, it does open a route whereby police can eventually jail rule-breakers.

"Repeat violations can lead to an exclusion order," the email states. "Violation of an exclusion order can lead to a citation for trespass, which carries criminal sanction and possibly jail."

Under the proposal, waivers could be provided by law enforcement to those who need access to services inside the exclusion zone, such as services at the Union Gospel Mission of Salem, the email states.

During the 2017 push in Salem for a sit-lie ordinance, members of the public voiced concern that the proposal targeted the homeless.

Hoy, who retired from law enforcement earlier this year, found the proposal troubling, saying in a statement at the time he respected the police chief and sympathized with business owners.

"On the other hand, I have rarely seen a positive outcome in my almost 29-year law enforcement career when we criminalize the human condition," Hoy said then.

In an interview Friday, Hoy said he thinks his earlier concerns have been mitigated. "It's much more about the behavior and not the status (of being homeless), which was my No. 1 concern before," he said.

Tom Hoffert, Salem Area Chamber of Commerce chief executive, said Friday the chamber's board hasn't taken a position on the latest proposal. 

Still, Hoffert said, the chamber always supports business owners' property rights and tools that let them successfully manage their businesses.

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Jonathan Bach has been a business and City Hall reporter with the Statesman Journal since 2016. To support his work, Subscribe to the Statesman Journal. Email him at jbach@statesmanjournal.com, call (503) 399-6714 or follow him on Twitter @jonathanmbach.