Concentrating on Solutions for Complicated Community Challenges

In my position as Coos Bay’s Mayor, I get the pleasure of talking with many citizens. During those conversations I get asked questions which run the gamut of topics. One of the common topics is homelessness. Homelessness in our community has become much more visible over the last several years and the related impacts have become more widespread. 

Homelessness is a community issue in many cities across the nation. It is hard to imagine, but according to data gathered in 2020, there are over half a million people who are considered homeless in our nation and over 1,200 in Coos County alone. Homelessness is a complicated social issue and there are many contributing factors causing some of our citizens to become and/or stay homeless. In my opinion, some of the reasons include the lack of affordable housing, a failed state mental health system, the rise in substance abuse and addiction in our country, etc. Sadly, there are many in our community who are homeless and living on the streets, inside vehicles, and on other people’s property.

Many citizens are unaware that recent legislation and court rulings now restrict law enforcement’s ability to address homeless encampments, especially when it occurs on public land. Some of the recent legislation and court rulings include the following:

• In a 2018 decision (Martin v. Boise), the US Court of Appeals for the Ninth Circuit ruled that cities cannot enforce anti-camping ordinances if they do not have enough homeless shelter beds available for their homeless population. The decision was based on the Eighth Amendment to the US Constitution’s prohibition on cruel and unusual punishment.

• Last year, Oregon Legislators passed House Bill (HB) 3115 and codified Martin v. Boise into state laws regulating the acts of sitting, lying, sleeping, or keeping warm and dry in outdoor public places with regards to persons experiencing homelessness. HB3115 prohibits Oregon cities and counties from creating ordinances that are stricter and not objectively reasonable as to time, place, and manner with regards to persons experiencing homelessness.

• Oregon Legislators also passed House Bill (HB) 3124, which requires law enforcement to post a 72-hour notice prior to removal of an illegal homeless camp and/or related property. In addition, at time of removal, law enforcement is required to notify the agency that provides services to the homeless population, as well as retrieve and securely store any items that reasonably appear to have value. These items must be hauled to a safe and secure location, kept for 30 days, and made available to be reclaimed.

It is certainly not a crime to be homeless and I don’t believe all those who are homeless are criminals, far from it. But sadly, there are some of our homeless population, just as there are some of our sheltered community members, who commit crimes. A local factor, which has hampered our law enforcement officers, has been the lack of available jail space at the Coos County Jail. Over the past several years, the Coos County Jail has operated at well under its physical bed capacity. Capacity has also been limited due to COVID-19 restrictions and more recently due to limited jail staffing. More often than not, officers can do little more than cite and release those caught committing crimes as our officers are unable to lodge the offenders at the jail.  

On another front, we are realizing the effects of Measure 110 (passed by Oregon voters in 2020) which made Oregon the first state in the nation to decriminalize personal possession of nearly all drugs. It saddens me to know that Oregon has the second-highest addiction rates in the nation, and we are in the unenviable position of being first in the nation for methamphetamine and prescription opioid use. According to our law enforcement personnel, some of our community members, both those sheltered and those unsheltered, support their addictions through criminal activities. Again, while a good many arrests are made, the County’s limited availably of jail beds in turn limits our officers to citing and releasing criminal offenders, leaving them in the community to reoffend.   

It is often easy to assume that nothing is being done to address the housing crisis, homelessness and addiction related crime. Nothing could be further from the truth!  Next week’s article will be dedicated to sharing what the City of Coos Bay is doing in the wake of these community issues. In addition, I have scheduled a Town Hall meeting on Monday, July 25, 2022, where a panel will share the issues listed in this article as well as what steps we can take to improve these community problems. There will be time set aside for public comments/questions. The Town Hall meeting will be held in the Council Chambers starting  at 5:30 pm.    

-Joe Benetti, Mayor of Coos Bay

CITY OF COOS BAY SPECIAL CITY COUNCIL MEETING

July 25, 2022 - 5:30 PM Council Chambers - 500 Central Avenue, Coos Bay, Oregon

Meeting Live Link/Video

1. Welcome and Introductions by Mayor Joe Benetti

2. Aspects of Homelessness a. Discussion on the Various Aspects of Homelessness

3. Case Law and Enacted Laws

a. Presentation of Recent Ninth Circuit Court of Appeals Case Law and Enacted State Laws by City Attorney Nate McClintock

4. Contributing Factors and Challenges

a. Presentation of Various Contributing Factors and Challenges Surrounding Homelessness by Police Chief Chris Chapanar

5. Efforts Made to Date a. Discussion Regarding Various Efforts Made to Date

6. Public Comments a. Public Comment Form

7. What Can You Do a. Presentation of Opportunities Community Members Can Do to Make a Difference by Mayor Joe Benetti 8. Adjourn