Answering Questions on Houselessness & Opioid Issues Affecting Molalla
City of Molalla - Answering Questions on Homeless/Houseless/Opioid issues affecting Molalla
This one-page fact guide hopefully will help guide conversations and develop solutions as best we can to solve very difficult problems. Please be mindful that this is only a summary, and consider reading the specific Bill, Legislation, Case Law, or Measure for further information.
Martin vs. Boise – Martin vs. Boise is a U.S. Court of appeals for the Ninth Circuit in response to a 2009 lawsuit by six homeless plaintiffs against the City of Boise Idaho regarding the city’s no camping ordinance. In summary, the 2018 ruling held that cities cannot enforce anti-camping ordinances if they do not have enough homeless shelter beds available for their homeless population. In 2019, the U.S. Supreme Court declined to hear an appeal of the case leaving this precedent intact for the Ninth Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington). The Ninth Circuit Court is based out of San Francisco, California.
Oregon House Bill (HB) 3115 – In response to the Martin vs. Boise decision, the Oregon State Legislature approved HB 3115 in March of 2021. This Bill requires that by July 1, 2023, local laws regulating the acts of sitting, lying, sleeping, or keeping warm and dry in outdoor public places be objectively reasonable as to time, place, and manner with regards to persons experiencing homelessness. The Bill also creates an affirmative defense that a law is not objectively reasonable for persons charged with violating local law. Allows persons experiencing homelessness to file suit for relief to challenge the objective reasonableness of local laws. The City of Molalla is required by State Law to adopt a camping ordinance that complies with this law by July 1, 2023. Chief Sponsor of this Bill was Oregon’s current Governor, Tina Kotek. Click on this paragraph to read the bill text.
Oregon Measure 110 – Measure 110 (Drug Addiction Treatment and Recovery Act) was approved by Oregon voters in 2020 and went into effect in February 2021. There have been many precursors to this Measure but hidden behind the title, this Measure decriminalized misdemeanor possession charges for marijuana, heroin, cocaine, methamphetamine and more. It also decreased some felony drug charges to misdemeanors. However, the Measure did not reduce the intent to sell or distribute offenses. There is much more to this Measure that a person would need to read to understand all aspects, and we were supposed to see, as the title suggests, a focus on treatment and recovery. However, only a few areas have experienced these services throughout the State.
Molalla must operate within this difficult legal framework above. However, there are many instances where an individual will and should be arrested for drug related issues. We need the community to contact the Molalla Police Department if any action is witnessed. Posting on Facebook or other social media site will not send the needed message. To report an incident please call 503-655-8211. Please also have a dialogue with our Police Department.
Molalla Hope Warming Center/Extreme Weather Center – This shelter is not operated by the City of Molalla. The property is owned by the City of Molalla and Molalla Hope, Inc. is operating the Center through a Commercial Lease Agreement authorized by the Molalla City Council and partially funded through Clackamas County. Based on the two previous legislative and legal actions there may be a benefit to having the Center operate in Molalla. However, there are also opinions that the existence of the Center is exasperating the situation. The City is working to find the best resolution for the community while working within the framework of the law.
What Can I do to help solve these problems? – Read up on the laws and rules Molalla must operate within and bring your ideas to the conversation. You can also support Oregon (House Bill) HB 2973 which would repeal Measure 110 if it passes, and recriminalize possession/use of illicit drugs. This will allow law enforcement to take the measures necessary to eliminate drug activity which is a major contributor to the recent increase of homelessness issues in Oregon.
How do I support (House Bill) HB 2973? – Follow the Bill, provide public testimony to each committee that reviews it, provide public testimony to our State Representative, Rick Lewis.
The following page contains QR Codes that link to each support task mentioned. If your computer or phone cannot read QR codes, a google search of the terms next to the QR code will get you to the right place(s).
How do I Support HB 2973
Sign up to follow bills in the Oregon House of Representatives
HB 2973 is currently in the House Behavioral Health and Healthcare Committee as of 3/31/23.
Look Under the "Staff" heading for the link to submit public testimony.
Submit Comments to Representative Lewis
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