City Extends de facto Sit-Lie Ban to September

By Sarah Owens and Michael Livingston

Statesman Journal for Friday 19 June 2020

City Council voted Monday night to extend its March 17 C19 emergency declaration through August.  The declaration was initially set to expire at the end of April.  It was extended once to June 30.

Council's decision comes even as streets are closed downtown to allow more outdoor dining, and despite the City having entered  Phase 2 reopening. 

As Councilor Andersen noted last March, the declaration's prohibition on public gatherings amounts to a 24-7 sit-lie ban that's enforceable by arrest under SRC 95.550, doesn't require the City to provide alternative shelter, and isn't limited to business hours.  See "Sit-Lie meets COVID-19" and  Woodworth, W.  "Advocacy group: Salem violated Constitution, pushed homeless out using COVID-19 excuse"  (19 May 2020, Statesman Journal.) 

Councilor Nanke, who voted against the original declaration as well as City of Salem Resolution 2020-32, was the only one to question the continuing need to ban public gatherings.  

22 June 2020 City Council Meeting

"I know it [the emergency declaration] ties in with our sit-lie", Nanke said, turning to City Manager Steve Powers to ask what progress the City had made on the "accommodations" that need to be in place before the City can enforce the "sidewalk behavior" ordinance (aka "sit-lie", aka Ordinance Bill 6-20). 

Readers will recall that, by its terms, the City may not enforce its "sidewalk behavior" ordinance unless and until the City has made adequate shelter and toilet facilities available during the hours of enforcement.  Under the emergency declaration, the City is able to skirt those requirements -- and arrest violators -- in the name of public health.  

Powers' response indicated he either didn't understand what Nanke was asking, or preferred to talk about something else.   

The City continues to claim that the Mid-Willamette Valley Community Action Agency's ARCHES Project "recommended that groups camping on City sidewalks be required to disburse [sic] in order to protect the health of the individuals and help mitigate the spread of COVID-19."  See staff report in support of City of Salem Resolution 2020-32.  But, as discussed in  "Sit-Lie meets COVID-19",  that's not what MWVCAA's Director stated in his letter to the City.  His letter stated only that, "In this current public health crisis, the community should avoid large concentrations of the homeless population where they cannot hope to practice good hygiene."  Nanke's was the only "nay" vote.

In other news, Oregon continues to top the nation with the highest prevalence of adult mental illness, and the lowest rate of access to care.  See Mental Health in America, 2020 Adult Data.

51st - 2020
49th - 2019 
48th - 2018 
49th - 2017 
51st - 2016.