HomeMy WebLinkAbout2015-1102 Documents Submitted at Meeting
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To: David Wick
From: Susan Grace
1024 Clear Creek Drive
Ashland, Oregon 97520
I was living in Boulder, Colorado last year when they decided to address their homeless
and travelers issue.
Like Ashland, Boulder attracts due to its progressive consciousness, beautiful nature and number of
outreach programs... they over meals everyday of the week, have multiple vast food banks, some free
clothing outlets~a small day facility and a large overnight facility that is available only for inclement
weather.
Many travelers/homeless were congregating in the library - which is quite large - and all around
the library campus, as well as at a bandshell. Some were street begging on corners and downtown
on Pearl Street.
Overnight, there was a big change when Boulder decided to enforce the laws already in existence
about panhandling, loitering, camping in restricted locations, smoking, dogs, etc. People had to
be there in ways that uphold the laws. Word was on the street in a nanosecond.
Also, the 3 largest Homeless advocate groups rnerged toward the goal of solutions rather than
working independently - they feel "housing first" is the answer - as in what Utah has achieved in
nearly zeroing out their street population situation:
http" www,lati ?es_com/nation/la-na-utah_-housing.-first-281._50524_-stork.htmI_
https:(/wwn„^~a ! Irr_9tonpost„coin/news/inspired-l,ifefwp/2Q3.51fl4/1,7..the-surprisi_rr ly_sllt.pie-way-utah-solved chronic-
homelessness-and-saved-mill ions/
Here are a couple of does on Boulder's stance:
hops llwww-static bouldercolorado govldocsJlnfagraphic Homeless Accom lisp_hments 8 Sept 21115-1-
.8....1.058:.pdf
201, .5....... .9.....
This one speaks to accomplished track record and how they did it.
http_;_//www_boulder~,veekl_ycom{article-1.3248.-local,-h-umaotaria_n.-,graup-gives-boLilder-city-councj.l.-action- plan-for-
hel ing-homeiess.html
Boulder Rights Watch has submitted recommendations to Boulder City Council that it believes will greatly help the city's homeless
cornmunity. The group, which formed in response to Boulder's decision to reinstate jail time for minor, municipal offenses committed
by homeless people in certain parts of town where such underprivileged residents are considered less desirable. provided council
with a 42-page action plan to be considered at its upcoming August 26 planning session.
In a written statement that accompanied the release of the plan, Boulder Rights Watch spokesperson Joy Redstone noted. "Boulder
Rights Watch is excited about the upcoming council meeting at which the Council will finally have the opportunity to fully discuss
these ideas. nth the Action Plan, we have tried to provide substantial detail and background information so that Council can have
a meaningful discussion and make the critical move from talk to action.'
The action plan presented to council contains the following seven suggestions (the description of each action item has been
provided by the organization).
1. Establish a daytime storage center for use of homeless community members. This is important because the need to
constantly carry heavy backpacks containing all their possessions sets homeless people apart from other members of the
community and severely limits their ability to improve their life circumstances.
2. Create a year-round day center. Homeless people struggle to find appropriate places to be during the day and the Bridge
House has extremely limited space. A larger day center will allow more of the un-housed to access services and put their lives on a
productive path. Other sectors of the community will benefit whet) public places, like the library, no longer have to serve as de facto
day shelters.
3. Address housing for homeless people as part of the City's comprehensive housing strategy. Fundamentally, homeless
issues are not about law enforcement, the business cli mate or aesthetics. They are, at base, about supplying housing options for
our poorest neighbors. Two specific suggestions are presented for consideration, including one for the use of "tiny houses."
4. Create year-round homeless sheltering capacity. The absence of adequate summer shelter has tragic implications for those
without housing and is ultimately very expensive for the general community.
5. Implement public education to assist the general public to better understand their homeless neighbors.There is much
inaccurate information circulating within the community about homeless people. A good public education program could change
existing inaccurate stereotypes about people experiencing homelessness.
6. Utilize two approaches to address the relationships between police officers and the homeless. One approach would add
a new Community Response Team resource to attempt to resolve conflict situations in the Community. The other would increase the
use of community policing so that unnecessary antagonism between homeless residents and the police can be avoided.
7. Revise the police department professional standards review panel. With the recent increased emphasis on criminal
enforcement with regard to homeless community members, new stresses have arisen between the police and our poorest
residents. This suggestion would increase the transparency and accountability of police officers through the use of a rnore robust
police review panel.
The full 42-page plan goes on to explain the recommendations in some detail.. provide specific examples of the negative
consequences of Boulder's current policy and to point to programs in other cities that are working.
On August 15, a memorial was held in downtown Boulder for the nine members of the homeless community who have died in the
city so far this year. Five of nine who died were living outside on the streets where camping, which in Boulder is defined as even
being covered by a blanket, is now punishable by lailtime.
There is more, but this will give you the flavor and perhaps help its to sort through our own situation. Of course, the home free
people are different than the homeless - still, they need to be as ethically and legally responsible as the citizens of
Ashland. Enforcing laws encourages many to move on their way. I think those who live in these
circumstances gathered at the tables with us are going to help all of us bring the best possible
outcomes.
I feel blessed to witness and participate in the gathering of so many who are in favor of peaceful
solutions.
Gratitude to all who bring their heart and voice in support of a thriving culture for all in Ashland.
Boulder Weekly newspaper
August 21, 2014
Boulder Rights Watch has submitted recommendations to Boulder City Council that it believes
will greatly help the city's homeless community. The group, which formed in response to
Boulder's decision to reinstate jail time for minor, municipal offenses committed by homeless
people in certain parts of town where such underprivileged residents are considered less
desirable, provided council with a 42-page action plan to be considered at its upcoming
August 26 planning session.
In a written statement that accompanied the release of the plan, Boulder Rights Watch
spokesperson Joy Redstone noted, "Boulder Rights Watch is excited about the upcoming
council meeting at which the Council will finally have the opportunity to fully discuss these
ideas. With the Action Plan, we have tried to provide substantial detail and background
information so that Council can have a meaningful discussion and make the critical move
from talk to action."
The action plan presented to council contains the following seven suggestions (the
description of each action item has been provided by the organization).
1. Establish a daytime storage center for use of homeless community members. This is
important because the need to constantly carry heavy backpacks containing all their
possessions sets homeless people apart from other members of the community and severely
limits their ability to improve their life circumstances.
2. Create a year-round day center. Homeless people struggle to find appropriate places to
be during the day and the Bridge House has extremely limited space. A larger day center will
allow more of the un-housed to access services and put their lives on a productive path.
Other sectors of the community will benefit when public places, like the library, no longer have
to serve as de facto day shelters.
3. Address housing for homeless people as part of the City's comprehensive housing
strategy. Fundamentally, homeless issues are not about law enforcement, the business cli
mate or aesthetics. They are, at base, about supplying housing options for our poorest
neighbors. Two specific suggestions are presented for consideration, including one for the
use of "tiny houses."
4. Create year-round homeless sheltering capacity. The absence of adequate summer
shelter has tragic implications for those without housing and is ultimately very expensive for
the general community.
5. Implement public education to assist the general public to better understand their
homeless neighbors.There is much inaccurate information circulating within the community
about homeless people. A good public education program could change existing inaccurate
stereotypes about people experiencing homelessness.
6. Utilize two approaches to address the relationships between police officers and the
homeless. One approach would add a new Community Response Team resource to attempt
to resolve conflict situations in the community. The other would increase the use of community
policing so that unnecessary antagonism between homeless residents and the police can be
avoided.
7. Revise the police department professional standards review panel. With the recent
increased emphasis on criminal enforcement with regard to homeless community members,
new stresses have arisen between the police and our poorest residents. This suggestion
would increase the transparency and accountability of police officers through the use of a
more robust police review panel.
The full 42-page plan goes on to explain the recommendations in some detail, provide
specific examples of the negative consequences of Boulder's current policy and to point to
programs in other cities that are working.
11/2/201 Utah is winning the war on chronic homelessness with 'Housing First' program - LA Times
Nation
Utah is winning the war on chronic
homelessness with 'Housing First' program
By John M. Glionna • Contact Reporter
SHARE THIS f
'Housing First' program reduces the ranks of Utah's chronically homeless by 91 % and counting
MAY 24. 2015, 4:30 AM REPORTING FROM SALT LAKE CITY
Terry Birch recalls walking cautiously into the tiny one-bedroom apartment seven
months ago, like a cat exploring a box, or something wild fearful of a trap.
After two decades on the streets, he finally had a real roof over his head, a home to call
his own. It was clean, private and safe, but also scary and confusing.
"I couldn't get used to the four walls. It felt like they were closing in on me," he said, sitting in the
living room of unit No. 2 at the
Metro Apartments. "On the streets, I had no responsibility, other than keeping myself clean."
Article continues below 4,
He paused, surveying his surroundings: "And then this."
This is "Housing First," a novel effort by Utah to attack an intractable social ill. The state provides
apartments to the chronically homeless and worries about addressing the underlying causes, such
as drug abuse, later. By allowing bodies to rest and heal, housing officials say, emotional health will
probably follow.
FOR THE RECORD:
Utah homeless: In the May 24 Section A, an article about Utah's program to house the chronically
homeless referred to the pet bird one resident took in as a cockatoo. It's a cockatiel. -
http://www.latimes.com/nation/l a-na-utah-housing-first-20150524-story.html 115
11/2/201:, Utah is winning the war on chronic homelessness with 'Housing First' program - LA Times
Last month, officials announced that they had reduced by 91% the ranks of the chronically
homeless - defined as someone who has spent at least one year full-time on the streets - and are
now approaching "functional zero."
In 2005, when state officials began placing people in permanent housing, they counted 1,932
chronically homeless. Today, with 1,764 people housed, that number has plummeted to just 178
statewide. And officials have their sights set on those remaining.
"We know these individuals by name, know their situation," said Gordon Walker, director of the
state Housing and Community Development Division. "And we can help them move out of chronic
homelessness, if they choose."
The program contrasts with approaches elsewhere. Police in Tampa, Fla., for example, arrest those
caught sleeping or storing property in public. Philadelphia bans the feeding of homeless in city
parks. A study by UC Berkeley Law students found that California has more anti-homeless laws on
average than other states, punitive local ordinances targeting the homeless for standing, sitting or
resting in public.
But not Utah.
"People once had to change their lives to become housed," Walker said. "Now we give them
housing first so they can make changes if they want to."
Studies showed that Utah's chronically homeless - while a fraction of an overall homeless
population of 14,000 - used 60% of the services for those living on the streets.
The cost of providing an apartment and social work for clients in the Housing First program is
$11,00o annually, while the average price of hospital visits and jail for street denizens is nearly
$17,00o a year.
In Housing First, clients pay $5o a month or 30% of their income, whichever is more. Said Walker:
"It's not just more compassionate - it's cheaper."
But there's a curious consequence of coaching people to finally leave the streets: Many aren't used
to having their own private domain.
One man spent his first few nights sleeping on the floor, heaping his belongings atop his donated
bed. Another pitched a tent in his living room for two weeks. Others go months or years before
taking real ownership of their new home by doing things like hanging pictures or raising a pet, or
even a potted plant.
http://www.latimes.com/nation/la-na-utah-housing-first-20150524-story.html 2/5
11/2/2015 Utah is winning the war on chronic homelessness with 'Housing First' program - LA Times
"We don't see a lot of breathless excitement when they first move in," said Kevin Austin, a housing
supervisor at a nonprofit called the Road Home, who has helped get more than 300 chronically
homeless people into apartments. "I'd say the most common reaction is nervousness, like, 'You
guys are leaving me here?"'
Birch knows the feeling.
At 53, his teeth missing and body racked by exposure and substance abuse, Birch at first welcomed
the apartment. "I couldn't believe I could get what I'd always wanted," he said. An abusive
stepfather had long ago forced him onto the streets, he said, where he learned to fend off thieves.
Recently, he lived in a tent pitched on a steep hillside.
But after moving into an apartment with food in the refrigerator and clean sheets on the bed, he no
longer knew how to define home: Was it a place to store his belongings, or a space to nurture his
sense of self? At first, he let street friends inside for raucous parties, testing the patience of
overseers.
"I never thought I'd be here that long," Birch said.
Then two things happened. First, he was diagnosed with leukemia, which reduced his 6400t-2
frame to just 120 pounds. Then relatives said they were going to put their cockatoo, Buddy, on the
street - and the onetime homeless man took in a fellow lost creature.
"He's been a lot of company to me, even if he has been a bit grumpy lately," Birch said, gently
poking a finger into Buddy's cage. And the apartment helped him cope with the weariness from his
cancer.
Birch began to care for his 4oo-square-foot unit, as well as himself. He quit
alcohol and is working to give up cigarettes. His place has a personal touch: a flat-screen TV and a
shelf crowded with books by James Patterson and other mystery writers.
Over his couch, Birch has hung something he could never have had at any temporary shelter: a
photo collage of his mother and sisters, with the word "family" written in large letters.
Still, he admits, he gets lonely. "But this is my home," he said. "If anything goes wrong, it concerns
me.
His voice catches. "Without this place, I wouldn't be alive. I'm still afraid someone is going to take
it away from me."
http://www.latimes.com/nation/la-na-utah-housing-first-20 1 5 05 24-story.html 3/5
11!2/201-- Utah is winning the war on chronic homelessness with 'Housing First' program - LA Times
Walker wishes more people showed such promise. He said the program claims an 85% success
rate, with some clients being evicted for breaking the rules. Others just walk away.
"Not as many as we would have liked have changed their lives," he said. "There are a few'trappers
and hunters' out there who really do choose what they call freedom."
The Housing First model would be expensive for other locations - a recent estimate put the
chronically homeless population in Los Angeles County at about 12,300 - but Walker's office has
received visits from officials from cities in Tennessee and South Carolina.
"We're not saying this is a one-size-fits-all solution for chronic homelessness," Walker said. "But
now we're finally asking ourselves: Can we really bring an end to something like this? I hope so."
So does Birch, who now uses a phrase he hasn't known since childhood: home sweet home.
He waves his hand around his living room: "Not bad for an old bum like me."
john.cglionna@latirnes.com
Twitter: ex jglionna
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http://www.latimes.com/nation/la-na-utah-housing-first-20150524-story.html 4/5
Inspired Life
The surprisingly simple way Utah solved chronic
homelessness and saved millions
By Terrence McCoy April 17
The story of how Utah solved chronic homelessness begins in 2003, inside a cavernous Las Vegas banquet hall
populated by droves of suits. The problem at hand was seemingly intractable. The number of chronic homeless had
,cirgod since the early 1970s. And related costs were soaring. A L nivei,,ity of Pennsylva iia study had just showed
New York City was dropping a staggering $40,500 in annual costs on every homeless person with mental problems,
who account for many of the chronically homeless. So that day, as officials spit-balled ideas, a social
researcher named Sam Tsemberis stood to deliver what he framed as a surprisingly simple, cost-effective method of
ending chronic homelessness.
Give homes to the homeless.
Tsemberis' research, conducted here hi the District and in New York City, showed this wouldn't just dramatically
cut the number of chronically homeless on the streets. It would also slash spending in the long run. In the audience
sat a Utah businessman named Lloyd Pendleton. He had just taken over the Utah Housing Task Force after a
successful run in business. He was intrigued. "He came over to me and he said, `I finally just heard something that
make sense to me,"' recalled Tsemberis in an interview. "`Would you be willing to come to Utah and work with us?"'
That conversation spawned what has been perhaps the nation's most successful - and radical - program to end
chronic homelessness. Now, more than a decade later, chronic homelessness in one of the nation's most
conservative states may soon end. And all of it is thanks to a program that at first seems stripped from the bleeding-
heart manual. In 2005, Utah had nearly 1,932 chronically homeless. By 2014, that number had dropped 72 percent
to 539. Today, explained Gordon Walker, the director of the state Housing and Community Development Division,
the state is "approaching a functional zero." Next week, he said, they're set to announce what he called "exciting
news" that would guarantee an "even bigger headline," but declined to elaborate further.
How Utah accomplished this didn't require complex theorems or statistical models. But it did require the
suspension of what had been conventional wisdom. For years, the thought of simply giving the homeless homes
seemed absurd, constituting the height of government waste. Many chronically homeless, after all, are victims of
severe trauma and significant mental health and addiction issues. Many more have spent thousands of nights on the
streets and are no longer familiar with home-living. Who, in their right mind, would willingly give such folk brand
new houses without any proof of marked improvement?
But that's exactly what Utah did. "If you want to end homelessness, you put people in housing," Walker said in an
interview. "This is relatively simple."
The nuts and bolts: First the state identified the homeless that experts would consider chronically homeless. That
designation means they have a disabling condition and have been homeless for longer than a year, or four different
times in the last three years. Among the many subgroups of the homeless community - such as homeless families
or homeless children - the chronically homeless are both the most difficult to reabsorb into society and use the
most public resources. They wind up in jail more often. They're hospitalized more often. And they frequent shelters
the most. In all, before instituting Housing First, Utah was spending on average $20,000 on each chronically
homeless person.
So, to in part cut those costs - but also to "save lives," Walker said - the state started setting up each chronically
homeless person with his or her own house. Then it got them counseling to help with their demons. Such services,
the thinking went, would afford them with safety and security that experts say is necessary to re-acclimate to
modern life. Homelessness is stressful. It's nearly impossible, most experts agree, to get off drugs or battle mental
illness while undergoing such travails.
So in 2004, as part of trial run, the state housed 17 people throughout Salt Lake City. Then they checked back a year
later. Fourteen were still in their homes. Three were dead. The success rate had topped 8o percent, which to Walker
"sounded pretty good."
It's now years later. And these days, Walker says the state saves $8,ooo per homeless person in annual expenses.
"We've saved millions on this," Walker said, though the state hasn't tallied the exact amount.
He conceded, however, that "it's not that simple" everywhere.
Like in the District, home to soaring rent prices and inhabited by 1,785 chronically homeless people. The city has
dabbled in this program, which it calls permanent supportive housing, since 2oo8. And in the first three years, the
District added more than 1,2oo new units. In 201o alone, nearly 6oo were built. But since, that number has
p1minrnet :d. In 2012, only 121 were built, though the Mayor Muriel Bowser's new budget has made the program a
larger priority. The budget would provide such permanent housing to 250 individuals and 11o families, said Kate
Coventry of the DC Fiscal Policy Institute.
But according to Walker, a self-described fiscal conservative, inconsistency can kill something like Housing
First. "We used the Housing First model, but we haven't deviated from our focus." he said. "When we started it back
in'04 and `05, we didn't know this would end, but we committed to it."
And now, the chronic homeless are no longer tallied in numbers. They're tallied by name. The last few are awaiting
their houses. "One woman had been on the street for a long time, until we finally convinced her to come into our
housing," Walker said. "She didn't trust it, and she put her collection of stuff on the bed. Then for the next two
weeks, she slept on the floor.... But once she realized that we weren't going to take this from her, that she had a
lock, she had a mailbox, she started to reacelimate."
Terrence McCoy covers poverty, inequality and social justice. He also writes about solutions
to social problems.
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CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, November 2, 2015
Council Chambers, 1175 E. Main Street
5: 30 p.m. Study Session
1. Public Input (15 minutes maximum)
2. Look Ahead review
4. Discussion of downtown behavior issues and additional approaches (request of
Councilor Seffinger)
5 Discus of downtown smoking ban (re ue~ Councilor Seffinger)
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In compliance with the Americans with Disabilities Act, if you !need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to rnak reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 AD~T I). A(A 1 -7'
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COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181.
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
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PUBLIC MISBEHAVIOR CASES
I Reed v. Town of Gilbert Supreme Court nullified ordinance prohibiting religious signs.
2 Thayer v. Worcester, Court upheld enforcement of prohibition on coercive or risky behavior by solicitors and
755F.3d 60 (1 st Cir, by demonstrators seeking attention of drivers in solicitation-free zones and times.
2014) Ordinance defined aggressive soliciting; included findings outlining city concern about
coercion; and required notice and failure to comply before any arrest. (Ban on nighttime
solicitation remanded to lower court).
- Court declined to overturn denial of preliminary injunction against enforcing ordinance
on basis of Due Process or Equal Protection. (Decision by Assoc. Justice Souter sitting
by designation)
3 McCullen v. Coakley, 573 -Court nullified buffer zone around abortion clinics.
U.S. _ 2014 -Dictum suggests prohibiting blocking access or harassing those entering is permissible.
4 State v. Robison, (202 As a result of statutory preemption, Court nullified ordinance against Ordinance
Or Ap 237) 2005 obstruction of pedestrian or vehicular traffic on a public way because it did not also
require showing of intent to cause risk of public inconvenience, annoyance, or harm.
5 Oregon v. Kurylowicz, Court nullified ordinance against Ordinance obstruction of pedestrian or vehicular traffic
No. 03-07-50223 (Or. on a public way because it did not (1) allow for right to assemble peaceably; (2) give
Cir. Ct. 2004) violator notice of prohibited conduct and a fair opportunity to abate; (3) require intent
to obstruct; and (4) provide objective definition of "obstruction" (which cannot not
include merely causing others to step around a person who happens to be standing on
any part of the sidewalk in a manner that is not causing any harmful effect).
6 Roulette v. City of Seattle, Court upheld prohibition on sitting or lying down on a public sidewalk between 7 AM
97 F3d 300 (9th Cir., and 9 PM in commercial zones, saying it did not violate First Amendment or Due Process
1996) because sitting, lying sleeping on the sidewalk is not a form conduct integral to free
expression. Also, even dissenting judge said obstructing pedestrians would be allowed if
police were required to give notice of the violation - which if ignored, would be
evidence of intent.
7 Jones v. City of Los Because homeless could not avoid violating ordinance due to insufficient shelter space,
Angeles, 444F.3d 1 118 court held 8th Amendment precluded enforcement of 24/7 Los Angelees prohibition on
(9th Cir. 2006), vacated sitting down on a public sidewalk. (Non-binding outcome: 9th Circuit decision vacated
after settlement due to parties' settlement after remand to trial court.)
8 Bell v. City of Boise, 709 Appellate court remanded case to the trial court to rule on claim that nighttime
F.3d 890 (9th Cir 2013) enforcement of no-camping ordinance violates Eighth Amendment when homeless
persons cannot avoid violating ordinances due to inability to find shelter space. After
trial court rules, an appeal is likely. (USDOJ submitted statement supporting plaintiffs'
claim.
9 Desertain v. City of Los Reversing summary judgment by trial court, appellate court nullified prohibition on using
Angeles (9th Cir. 2014) a vehicle as living quarters because it violated Due Process and because it provided
inadequate notice of the unlawful conduct it proscribed and opened the door to
discriminatory enforcement.
10 Joyce v. City and County Court upheld stringent enforcement of ordinances against discrete acts of misconduct,
of San Francisco 846 including public drinking, obstructing sidewalks, camping, littering, public urination and
F.Supp 843 (N.D.Cal defecation, aggressive panhandling, etc. in Matrix Program, which also provided a detox
1994) center, referrals to city-reserved shelter beds, housing assistance, health care, referrals
to social service agencies by city social workers. Matrix program included continuing
education for officers regarding non-discriminatory enforcement.
- Court ruled that preventing other persons from using public spaces is not an
unavoidable life-sustaining activity and making enforcement of anti-camping provision
dependent on availability of shelter beds is unworkable and not required.
ACLU v. Las Vegas, Court nullified anti-solicitation ordinance because (1) it was content-based; (2)
F466.3d 74 (9th Cir. protecting local merchant economy was not a compelling government interest and (3) it
Page 1 of 3
2006 was not targeted to the evils it purported to combat (aggressive panhandling) ("It is
beyond dispute that solicitation is a form of expression entitled to the same
constitutional protections as traditional speech.
12 Norton v. City of Court upheld ordinance which prohibited verbal requests for immediate contributions
Springfield, No. 13-3581 but allowed deferred or sign-based requests was narrowly tailored to prevent
(7th Cir. Sept. 25, threatening solicitations.
2014)
13 Clatterbuck v. Court nullified no-panhandling ordinance because it was content-based regulation of I st
Charlottesville, 708 F.3d Amendment.
549 (4th Cir. 2013)
14 Speet v. Schuette, 726 Court nullified Michigan no-panhandling ordinance because it was content-based
F.3d 867 (6th Cir. regulation of I st Amendment.
2013)
15 SLO Homeless Alliance Court granted preliminary injunction nullifying city enforcement of San Luis Obispo
v. San Luis Obispo, CV ordinance against RV camping because, as applied, it was arbitrary and discriminatory (no
12-0204, San Luis guidelines for police), and it only addressed development and maintenance of private
Obispo County property. (It was a zoning regulation.)
Superior Court, 2012
16 Berger v. City of Seattle, Court nullified Seattle ordinance which prohibited street performers from actively
569 F.3d 1029 (9th soliciting donations but allowed passive solicitation (signs). Court also struck down
Cir., 2009) content-neutral prohibition against all speech activities within 30 feet of a captive
audience.
17 Gresham v. Peterson, After ruling panhandling was protected by I st Amendment ("[Solicitaion cannot be
225 F.3d 899 (7th Cir. restricted without also risking the flow of information...."), court upheld no-panhandling
2000) ordinance which (1) allowed passive solicitation (e.g., signs); (2) allowed ample
alternatives for exercise of I st Amendment rights (such as non-aggressive daytime
panhandling); and (3) defined "aggressive panhandling" with particularity.
18 Smith v. City of Fort Court upheld ban on panhandling on a five-mile strip of beach and on sidewalks along
Lauderdale, 177 F.3d beach highway.
954 954 (11 th Cir.
1999)
19 Anderson v. Portland, Court upheld Portland no-camping ordinance, rejecting argument based on Eighth
2009 US Dist LEXIS Amendment and Equal Protection US District Court, 2011.
67519 (D OR 2009)
20 Oregon v. Barrett 14CR Court upheld Portland no-camping ordinance, rejecting arguments based on Eighth
10631(Multnomah Amendment, Equal Protection, strict scrutiny, and overbreadth and vagueness.
County Cir. Ct. 2015)
Page 2 of 3
See ALO: First Amdmt/Panhandling
General - Arg: Banning solicitation is not content-neutral because can only determine violation
after determining if it was plea for money or something else.
- If content neutral, must be narrowly tailored, such as restricted by time or place and
leaving other opportunities available (busking?, signs?)
See model ordinance IMLA
Oregon Constitution,
Art. 1, Sect 8 I st
Amendment)
Page 3 of 3
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