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.