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After a recent U.S. Supreme Court decision gave cities a freer hand to deal with homeless camps, Portland real estate investors are focused on changing state law that requires cities鈥� homeless policies to be 鈥渙bjectively reasonable.鈥�

The law, sponsored by Gov. Tina Kotek while she served as House speaker, was passed in 2021 as pandemic-related homelessness surged. Now, some observers argue that the law was a mistake and should be modified or repealed.

鈥淗opefully that happens in the next Legislature,鈥� said Greg Goodman, president of Downtown Development Group, a major owner of downtown Portland properties. 鈥淏ased on where we are, it doesn鈥檛 provide the effectiveness we need, and the people on the street need, to get the services to get off the street.鈥�

City leaders also are signaling interest in changing the state law.

鈥淭he city of Portland supports a robust legislative discussion on this topic, and we hope the Legislature will see this opportunity to consider the tools cities truly need to manage public camping, provide sufficient shelter and keep our streets safe and clean,鈥� Cody Bowman, spokesman for Mayor Ted Wheeler, stated in an email message.

Until then, the city has little room to maneuver on homeless policy, Bowman said. While the Supreme Court has 鈥渓aid the federal constitutional issue to rest,鈥� the decision 鈥渨ill have little or no impact to Portland because state law (HB 3115) continues to control and limit what Oregon cities can and can鈥檛 do,鈥� he said. 鈥淭he city is still required to follow state law that is on the books.鈥�

It鈥檚 unclear if Kotek is open to changing or repealing the law she sponsored. The governor鈥檚 office did not respond to requests for comment.

John DiLorenzo, a partner at Davis Wright Tremaine, said he expects Portland will join other Oregon cities in pushing for changes to HB 3115.

鈥淚 would not be surprised at all if there鈥檚 a real effort by cities directly to modify or repeal this,鈥� he said.

The Supreme Court case arose from Grants Pass and resulted in a landmark ruling on the constitutionality of homeless sweeps. The court鈥檚 6-3 decision, written by Justice Neil Gorsuch, found enforcement of laws against public camping would not violate the Eighth Amendment鈥檚 prohibition against cruel and unusual punishment. The decision overturned an earlier Ninth Circuit court ruling that had restricted cities in Oregon and other western states from enforcing camping bans while offering inadequate shelter space.

HB 3115 was written to mirror the Ninth Circuit court鈥檚 ruling in the public camping case, Martin v. Boise. That reasoning no longer holds, DiLorenzo said.

鈥淭he very legal underpinning that justified HB 3115 is gone,鈥� he said. 鈥淭he only thing that would justify it (remaining) would be public policy. It鈥檚 poor public policy. Local governments should have many options available to them.鈥�

Last week, Portland began enforcing its new camping ordinance, which was enacted in May. The law, which was sponsored by Wheeler, bans camping on public property or the public right-of-way if the person has 鈥渁ccess to reasonable alternative shelter.鈥�

Downtown Portland was among the hardest-hit urban cores in the nation when the COVID-19 pandemic took hold in spring 2020. Interlocking crises 鈥� a lack of affordable housing, fast-spreading fentanyl addiction and high rates of remote work 鈥� conspired to depress commercial real estate, leading to surging office vacancies and defaults.

Security fences and boarded-up windows on buildings such as the Mark O. Hatfield U.S. Courthouse and the Apple store at Pioneer Place contributed to a sense that downtown Portland was unsafe. Television reporters extensively covered protests that at times turned violent.

Since then, conditions downtown have improved, Goodman said.

鈥淚鈥檇 say they鈥檙e 75 percent better 鈥� no comparison,鈥� he said. 鈥淚鈥檇 say what鈥檚 hurt us is the reputational damage that was done.鈥�

Goodman praised the work of Portland Police Chief Bob Day and hailed a promised change in approach by Multnomah County District Attorney-elect Nathan Vasquez, who campaigned on a tough-on-crime message. He will take office in 2025.

Goodman and others are pushing Multnomah County to adopt a mandatory treatment program after legislators in April recriminalized drug possession, undoing Measure 110, which voters passed in 2020 to eliminate penalties for drug possession.

鈥淚 hope we don鈥檛 have to use the initiative process in Multnomah County to get that,鈥� Goodman said.

He urged county Chairwoman Jessica Vega Pederson to support making drug treatment mandatory after drug-related arrests. Vega Pederson鈥檚 office did not immediately respond to a request for comment.

鈥淧olitically, I think it鈥檚 in her best interest to separate from (District Attorney) Mike Schmidt鈥檚 agenda and do what the populace wants,鈥� Goodman said. If not, he warned, 鈥渃andidly, what will happen is it鈥檒l be on the ballot and it鈥檒l happen anyway.鈥�