adopted resolution

Authorize City Attorney to pursue review by Writ of Mandamus of the Opinion and Order on Plaintiffs’ Motion for a preliminary injunction issued in Duncan v. City of Portland

public safety
health
resolution

Department: City Attorney
Introduced by: Former Mayor Ted Wheeler
Status: Adopted

Impact statement

Purpose & background

This resolution authorizes the City Attorney to pursue review, via mandamus proceedings, of the trial court’s preliminary injunction barring the City from enforcing any part of PCC 14A.50.020 and PCC 14A.50.025.

Financial impacts

Financial impacts are expected to be minimal and will not require any budget changes. Mandamus proceedings will be handled by the City Attorney’s Office as part of its normal operations and budget. If the City ultimately does not prevail, the City may be liable for some or all of plaintiffs’ costs and attorney fees.

Community impacts

This Resolution will permit the City to pursue review of the trial-court’s order barring the City from enforcing PCC 14A.50.020 and PCC 14A.50.025, which impacts City livability and the health and safety of Portlanders. Because this Resolution directly concerns only the technical issue of whether the trial court’s order was legally correct, no public involvement was sought as to that issue.

▸ Full text (the legislation as adopted)

WHEREAS, in June 2021, the Oregon legislature passed HB 3115, now codified at ORS 195.530, requiring in pertinent part that “[a]ny city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.” WHEREAS, in June 2023, the City adopted provisions, now codified at PCC 14A.50.020 and PCC 14A.50.025, setting forth reasonable regulations of the time, place, and manner in which individuals experiencing houselessness may camp in public areas throughout the City. WHEREAS, on November 9, 2023, the trial court in Duncan v. City of Portland , Multnomah County Circuit Court Case No. 23CV39824, issued an Opinion and Order on Plaintiffs’ Motion for a Preliminary Injunction barring the City from enforcing any part of PCC 14A.50.020 and PCC 14A.50.025. WHEREAS, the City Attorney believes that an appeal from that Opinion and Order, in the form of a Petition for Writ of Mandamus, is advisable. WHEREAS, on December 11, 2023, the City Attorney filed a Petition for Writ of Mandamus to protect the City’s right to challenge the November 9, 2023 Opinion and Order pursuant to PCC 3.10.030(G)(5). NOW, THEREFORE, BE IT RESOLVED, the City Attorney or the City Attorney’s designee is authorized to pursue review by Writ of Mandamus of the November 9, 2023 Opinion and Order on Plaintiffs’ Motion for a Preliminary Injunction in Duncan v. City of Portland , Multnomah County Circuit Court Case No. 23CV39824, is authorized to pursue such mandamus proceedings to their conclusion in any court of appropriate jurisdiction, and, in furtherance of such mandamus proceedings, is authorized to make any request, stipulation, agreement, or admission as in the judgment of the City Attorney or the City Attorney’s designee may be in the best interest of the City.

Tally

5 yea 0 nay