The Oregon Department of Transportation, Multnomah County
and a group of homeless individuals have reached a settlement in a lawsuit
challenging notice policies for camp sweeps on ODOT property. In the end, the
ball moves very little, but the agreement requires ODOT to follow state
standards when notifying people experiencing homelessness that their belongings
are going to be removed.
The case was brought against ODOT by a group of homeless
individuals, represented by the Oregon Law Center, who say their Fourth
Amendment rights to be free of unreasonable search and seizure were violated by
ODOT when it cleared out their camp in Southeast Portland.
The settlement announced today follows standard state
guidelines, and establishes a firm 24-hour notice on property posted “no
trespassing” and 10 to 19 days notice on non-posted ODOT lands. It also
compensates the plaintiffs, whose belongings had been discarded.
“This settlement compensates individuals for the items they
lost, which were important to them,” said attorney Monica Goracke, who
prosecuted the suit with the Oregon Law Center. “This included survival gear
and essential things they need to have, and it clarifies the policies going
forward.”
The class action suit was brought in behalf of Tammi Carr,
Brian Shipley, Ryan Warfield, Douglas Lohr and Melody Perdew, who lost their
belongings when ODOT cleared out their camp at 92nd Avenue and Flavel
Street near Johnson Creek. ODOT said it posted warning signs that it planned to
clear personal property from the site three days in advance of the Oct. 3
sweep, but the campers said they were unaware the sweep was coming.
The Oregon Law Center claimed that ODOT was violating the
good faith of a previous camping settlement that stipulated 10 to 19 days
notice. The center claimed that ODOT was removing camps with little or no
notice under trespass laws, and no longer retained or stores all non-garbage
property.
While the settlement concedes no wrongdoing on ODOT”s part,
it does decree that ODOT pay $60,000 in damages to the Oregon Law Center’s
Client Trust Account. Goracke said that while the agreement is not considered a
class-action settlement, about 33 people who were affected by the Oct. 3 sweep
and others will receive some nominal compensation for their loss.
The sweep at 92nd Avenue and Flavel in October
was blamed — by other campers — for the death of one of its residents: Alvin
Smith. Campers said the stress of losing his belongings was too much, and he
died at another camp four days after the sweep occurred.
“The death of Alvin Smith really shows how vulnerable people
are when camping outside in severe weather.” Goracke said. “It underscores how important it is to have
warning before their belongings are taken, and ample opportunity to find a
place to go — which is hard when there really isn’t another place to when
you’re homeless.”
Camp sweeps are occur routinely in east Portland with the
assistance of a private security company Portland Patrol Inc., which contracts
with the city of Portland. Police have also been applying the misdemeanor
charge of interfering with a police officer on campers that do not leave.