Modified sit-lie proposal gains favor with Salem councilors, with restrictions

Whitney Woodworth
Statesman Journal

After failing to pass in 2017 and 2019, a proposal to ban people from sitting and lying down on public sidewalks is gaining steam with the Salem City Council.

Salem City Councilors agreed Monday night to explore a new version of a so-called "sit-lie" ordinance — but only if it includes public restrooms and sheltered places for the homeless to go during the day.

"No one I've talked to in this community is happy with what's going on," Councilor Cara Kaser said. "This includes absolutely everybody regardless of the opinion about what should be done."

A homeless man who would not give his name rests while crews from ServiceMaster clean and sanitize the sidewalks outside the Rite Aid in downtown Salem, February 25, 2020. Signs were posted closing the sidewalk for the day while the cleaning and sanitizing took place.

Caser said she left the city council meeting two weeks ago feeling pessimistic about the discourse and lack of progress. She spent days mulling over the issue while at home sick and came up with a plan. She thinks it will strike a balance between helping the homeless and keeping downtown open and usable for everyone. 

"Everybody has the right to use public spaces," she said. "These are shared spaces. They must be protected as shared spaces."

She said city staff will be looking at the issue more in-depth, but she believes most of the day space will be available at ARCHES downtown. That space might need to be bolstered, especially during the winter months. 

The motion to draft a new proposal to discuss at the next city council meeting on March 9 was approved, with only Councilor Jim Lewis voting nay. 

Sit and lie, carrot and stick

About 120 people filled the city council chambers Monday, many speaking passionately for and against the sit-lie ordinance. 

The effort was touted by some proponents as the stick in the "carrot and stick" approach to Salem's homelessness problem. 

Police and city officials said without the ability to enact sit-lie, they can't regulate the behaviors of the dozens of homeless people sleeping and surrounded by their possessions on downtown sidewalks. Without sit-lie, they said, they don't have power to get people off the streets and into shelter and treatment. They insist there is enough shelter space — a claim publicly doubted by at least two city councilors. 

The ban would make it unlawful to sit or lie down on a public sidewalk between 7 a.m. and 9 p.m. It would not apply to people with physical disabilities or with wheelchairs or walkers.

Stacks of items from the area around the Rite Aid are stacked near the parking lot as crews from ServiceMaster clean and sanitize the sidewalks outside the Rite Aid in downtown Salem, February 25, 2020. Signs were posted closing the sidewalk for the day while the cleaning and sanitizing took place.

Kaser said it would not go into effect until people had a place to go protected from the elements during those hours. 

Jimmy Jones, the executive director of the Mid-Willamette Valley Community Action Agency, said while considerable resources are in the works, like more housing and a navigation center, the conditions suggested for the sit-lie are unlikely to be met and unlikely to be successful if achieved. 

The cost of day spaces

"Even our expanded day center will not come close to meeting the need for the total unsheltered homeless population in Salem," Jones said. "There will need to be additional spaces designated. ARCHES will not be enough alone, and requiring that most of the downtown homeless be there will quickly overwhelm our capacity if there’s no place elsewhere to go."

Jones said about 1,000 people live outside in the Salem/Keizer area. Of those, 300 live in the immediate downtown area. 

He said the conditions will also be pricey. Expanding the ARCHES day center to include weekends and evenings will cost almost $1 million over their current operating budget. Even a minimal expansion, like extending to hours from 3 p.m. until 6 p.m. during the week, would cost $400,000 a year. 

About 125 people visit ARCHES a day. The expansion would allow them to fit more people —"maybe 95 or so" — inside at one time. Expanded operating hours would lead to more traffic, Jones said. 

"We can handle the bulk of the folks, but having an overflow somewhere is going to be necessary," he said. 

Jones warned of creating even more "unintended consequences" like the ones seen after evictions of people living under bridges and in local parks, and a ban on camping on city property. 

When the ban was enacted, it pushed people away from established clusters of tents and tarps, like the one outside the ARCHES Project, and into new locations, like the stretch of sheltered space running along Rite Aid, T.J. Maxx and the former Nordstrom building.  

A man silently protests during a City Council meeting on Nov. 25 in downtown Salem. The city took a preliminary vote not to ban the people from sitting and lying on public sidewalks, on Monday night.

Camping bans and evictions

The push for sit-lie comes more than two months after the camping ban.

Previously proposed ordinances designed to bar people from sleeping and sitting on public sidewalks — especially downtown where they're especially visible to drivers, shoppers and business owners — failed in both 2017 and 2019 after the council received pushback from the public. 

During public forums held in September, those in support of the ordinance expressed concerns over property damage, public urination and defecation, litter, aggressive behaviors and businesses leaving downtown. 

Those opposing the ordinance said sit-lie would create an additional barrier to services for homeless people and would result in harassment and discrimination. 

People also expressed the need for more services such as a low-barrier shelter, shelters for couples, toilets and storage for belongings. 

'They're on the move':Oregon Senate Republicans walk out in protest of cap-and-trade bill

The most recent revival of sit-lie led to almost 60 pages of submitted public comment.

Filth, garbage and chaos

Multiple business owners spoke of employees having to clean feces and trash. 

"By continuing to advocate for these people, instead of punish them, we give them more leniency to destroy our streets and sidewalks," one owner said. "Ruin our downtown atmosphere. Destroy our reputation. Completely disrupt every business owners' ability to run a successful business. Compromise the safety of all downtown patrons and staff."

Support local journalism: Get the latest on crime and criminal justice news. Become a Statesman Journal subscriber and get unlimited digital access to stories that matter.

Another manager at a mall business detailed incidents of public masturbation, drug deals, urine puddles, respiratory issues caused by clean-up efforts and threatening behaviors. 

"I can’t even imagine not having anywhere I can find a place to lay my head and close my eyes safely, no way to escape the cold, the wet, to have a place to prepare food or keep my belongings safe?" said DeeDee LeBaron, the program manager for Dress for Success in Salem, in her public comment. 

"I do not know what the answer is, I know there is no easy solution. I feel for all involved and I hope desperately there is a solution coming soon. Please let us know how we can help."

Crews from ServiceMaster clean and sanitize the sidewalks outside the Rite Aid in downtown Salem, February 25, 2020. Signs were posted closing the sidewalk for the day while the cleaning and sanitizing took place.

Patrick Carney, co-owner of the Nordstrom building, said his dream of turning the vacant building into something great was being stifled by the "filth, garbage and chaos" of downtown Salem.

Photographer Zak Stone urged the city council to take action.

"If you can't make a decision, good luck at re-election," he said. 

Rep. Brian Clem, D-Salem, said he hopes to have $8 million from the state to help with a navigation center and low barrier shelter after the legislative session. But, he stressed, something needs to be done on the city's end. 

He said sit-lie would be part of that solution and people on every side need to work together. 

"There aren't evil enemies in anyone here," Clem said. 

Jones said a homeless woman gave birth in downtown Salem two weeks ago. Another person needed serious heart surgery. Expecting those people and others with amputations, liver disease, heart conditions and mobility issues to relocate to a specific location or walk around all day would compromise their dignity and health, he added. 

“It’s most important to remember, first, that these are American citizens, and residents of Oregon, Marion County, and the City of Salem," Jones said. "They have a fundamental right to exist and live as free as they can under these circumstances."

If passed, the ordinance would need an emergency clause to go into immediate effect. If not, it would take about a month after the second reading to kick in. 

Kaser said she's optimistic the modified proposal will pass and city council will continue to work well together. 

"I would love to get a unanimous vote," she said. 

Homelessness in Salem:City Council to revisit controversial sit-lie ordinance

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth