The dispute before the court on Monday comes to the justices from Grants Pass, a city of just under 40,000 people in southwestern Oregon. With a vacancy rate of one percent and essentially no affordable housing, the city has as many as 600 people experiencing homelessness. The chief operating officer of a nonprofit in the county where the city is located that serves people who are homeless said in a declaration submitted in the case that almost all of the people who are homeless and live in the city do so involuntarily. "There is simply no place in Grants Pass for them to find affordable housing or shelter. They are not choosing to live on the street or in the woods," the nonprofit COO said.
At a 2013 city council meeting to discuss possible solutions to the city's homelessness problem, the city council president suggesting "mak[ing] it uncomfortable enough for [homeless people] in our city so they will want to move on down the road." The city decided to increase enforcement of ordinances that bar the use of blankets, pillows, and even cardboard boxes while sleeping within the city.
The ordinances impose a $295 fine for violations; the fine increases to $537.60 if it is not paid. After two citations, police in Grants Pass can issue an order that bans the individual from city property; a violation of that order exposes the individual to a conviction on criminal trespass charges, which carry penalties of up to 30 days in jail and a $1250 fine.
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