Lakewood City Hall

Lakewood City Council considers updates to code around public camping restrictions

July 12, 2024

Last year the Lakewood City Council adopted two ordinances to address concerns around camping on public property. They are Ordinance 728, restricting camping or erecting structures in parks or on city rights-of-way, and Ordinance 783, making it unlawful to occupy public property. The city’s ordinances are like those adopted in other jurisdictions, including Grants Pass, Oregon.

The United States Supreme Court recently ruled on whether the camping ban ordinance in Grants Pass amounted to “cruel and unusual punishment” under the Eighth Amendment. In a recent ruling the Supreme Court determined “[t]he enforcement of generally applicable laws regulating camping on public property does not constitute ‘cruel and unusual punishment’ prohibited by the Eighth Amendment.” Considering this decision, the city’s legal team reviewed the adopted ordinances in Lakewood. The review resulted in a recommendation that the Lakewood City Council adopt language identical to what was upheld by the Supreme Court to address occupation of sidewalks and camping in public places.

Lakewood invests significant resources in its parks, public spaces and social services. To protect that investment and public safety, the city must have a variety of tools, including the ability to remove individuals from public property when necessary.

The City of Lakewood has invested heavily in services for its unhoused population. One percent of the city’s general fund is allocated to human services. Expenditure of this money is determined biennially by the city’s Community Services Advisory Board through the Human Services Grant cycle, a public process. Area social, health and human services organizations are encouraged to apply for funding.

While this effort makes a significant difference to those who take advantage of the programs offered, there remains a small population who refuse any services and opt to live on sidewalks and other public spaces. This activity occasionally blocks or inhibits passage on sidewalks as well as ingress and egress to public buildings such as Lakewood City Hall. Many of these individuals reject offers of services and/or shelter, despite best efforts of experts who try to help.

At its regular meeting July 15, 2024 the Lakewood City Council will review and take action on a proposed ordinance that uses the same language as the Grants Pass ordinance upheld by the Supreme Court. The focus is addressing people occupying sidewalks and camping in public spaces. If a person refuses to leave they could be cited with a civil infraction or barred from city parks or facilities for up to 30 days.

The ordinance, along with Ordinance 728 and Ordinance 783, are part of an array of tools to enable the city to best engage with the unhoused population.

View the proposed ordinance on page 138 of the July 15, 2024 agenda packet.