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Joshua Marquis's avatar

The BOISE decision is not what the city of Portland and other cities claim it to me.

They use the Ninth Circuit decision to claim that they have no ability to pass any rules forbidding street camping or other homeless invasions.

That is simply not true.

That decision, which hopefully will be reviewed at some point by the US Supreme Court and overturned, only forbids criminalizing homelessness by allowing police to make custodial arrests for those obstructing the sidewalk, and were living in the street. The vast majority of lesser laws in Oregon are called “infractions“ and do not carry any possibility of jail time. Virtually all traffic offenses from speeding to careless driving fall into this category, and nothing would legally prevent Portland, or any other city, from continuing to pass regulations forbidding “street camping.” The only thing they can’t do is arrest them, which in Portland wouldn’t make any difference because the current district attorney would never prosecute anybody.

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Inkberrow's avatar

"Bums to the left of me, vagrants to the right

Here I am, caught in the middle with you...."

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