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A2 THE BULLETIN • SATURDAY, OCTOBER 1, 2022 The Bulletin LOCAL, STATE & REGION How to reach us CIRCULATION Didn’t receive your paper? Start or stop subscription? 541-385-5800 GRANTS PASS U.S. appeals court rejects homeless ordinances PHONE HOURS 8 a.m.-4 p.m. Monday-Friday 7 a.m.-11 a.m. Saturday-Sunday and holidays GENERAL INFORMATION 541-382-1811 8 a.m.-5 p.m. Mon.-Fri. ONLINE www.bendbulletin.com EMAIL news@bendbulletin.com AFTER HOURS Newsroom ................................541-383-0348 Circulation ................................541-385-5800 NEWSROOM EMAIL Business ........business@bendbulletin.com City Desk .............news@bendbulletin.com Features.................................................................. communitylife@bendbulletin.com Sports ................. sports@bendbulletin.com NEWSROOM FAX 541-385-5804 OUR ADDRESS Street .............. 320 SW Upper Terrace Drive Suite 200 Bend, OR 97702 Mailing ........... P.O. Box 6020 Bend, OR 97708 B ADMINISTRATION Publisher Heidi Wright ..............................541-383-0341 Editor Gerry O’Brien .............................541-633-2166 KEVIN RECTOR AND RUBEN VIVES Los Angeles Times A three-judge panel of the U.S. 9th Circuit Court of Appeals issued a rul- ing Wednesday that largely rejected central parts of the Grants Pass ordi- nances as unconstitutional and upheld part of a lower court’s decision block- ing them from being enforced. Grants Pass City Attorney Augustus Ogu declined to immediately com- ment Wednesday, saying he was still reading the decision. The city did not dispute that it did not have enough shelter beds for all of its unhoused residents. Ed Johnson, director of litigation at the Oregon Law Center, which helped represent the plaintiffs in the case, ap- plauded the court’s ruling. “Today’s decision is consistent with well-established precedent that it is un- constitutionally cruel to punish home- less people for unavoidable acts of sur- vival,” he said. “We are pleased with the outcome, but not surprised.” In its 2-1 decision, the appellate court reiterated another of its deci- sions, in the major homelessness case Martin vs. City of Boise in 2018. In that case, it ruled that the 8th Amend- ment “prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot ob- tain shelter.” But the court went a bit further this time. “Our decision reaches beyond Mar- tin slightly,” wrote Judge Roslyn O. Silver of the U.S. District Court of Ar- izona, who was sitting on the appellate panel and authored its opinion. Dean Guernsey/Bulletin file Water, hand-washing stations, portable toilets, trash bins and other resources were made available to those living on Hunnell Road in Bend in this March 15, 2021, photo. The U.S. Court of Appeals for the 9th Circuit ruled against ordinances dealing with the houseless enacted by the city of Grants Pass. Among other things, the court found that the Martin decision’s pro- tection of unhoused people’s right to sleep outdoors when they have no where else to go “includes sleeping with rudimentary forms of protection from the elements.” During the litigation, the city of Grants Pass had revised its anti-camp- ing ordinance to allow homeless peo- ple to sleep in city parks, but continued to ban them from using sleeping bags or other bedding materials. The city argued the change brought its ordi- nance into compliance with the Martin decision. The court disagreed in its ruling Wednesday. “The only plausible reading of Mar- tin is that it applies to the act of ‘sleep- ing’ in public, including articles neces- sary to facilitate sleep,” Silver wrote. The court also rejected the city’s claim that its ordinances did not run afoul of the Martin decision — or the Constitution’s cruel and unusual pun- ishment clause — because they relied on civil citations for enforcement be- fore resorting to criminal sanctions. The ordinances subjected unhoused people to civil fines of up to several hundred dollars per violation, and people found in violation of the ordi- nances multiple times could be barred from all city property. Once barred, a person returning to city property was subject to criminal prosecution for trespassing. The court ruled that it was a clear violation of the Martin ruling to sub- ject unhoused people who have no- where else to go to criminal trespassing charges just for being outside and try- ing to keep warm, whether civil cita- tions came first or not. “Imposing a few extra steps before criminalizing the very acts Martin ex- plicitly says cannot be criminalized does not cure the anti-camping ordi- nances’ Eighth Amendment infirmity,” Silver wrote. The appellate court’s decision up- held in part an injunction against the enforcement of the city’s anti-camping ordinances that had been issued by a lower district court. The ruling told the lower court to “narrow” its injunction to recognize a “limited right” to protection against the elements, which it suggested did not include the use of stoves and fires or the building of structures — things the anti-camping ordinance had also barred. Silver was joined in the majority opinion by 9th Circuit Court Judge Ronald M. Gould. Both were ap- pointed by President Clinton. In dissent, 9th Circuit Court Judge Daniel P. Collins, who was ap- pointed by President Trump, said the majority’s decision was “egre- giously wrong.” Collins — who also called the Martin decision “deeply flawed” but acknowledged he was bound by it — wrote that the ruling Wednesday misunderstood Martin, misapplied it, and “effectively requires the City of Grants Pass to allow all but one of its public parks to be used as homeless en- campments.” It was unclear Wednesday whether the ruling would be appealed. DEPARTMENT HEADS Advertising Brian Naplachowski .................541-383-0370 Circulation/Operations Maria Johnson ..........................541-617-7830 Finance Wendy Dougherty ...541-383-0324 Human Resources ................541-383-0340 TALK TO AN EDITOR City Julie Johnson ...................541-383-0367 Business, Features, GO! Magazine Jody Lawrence-Turner ............541-383-0308 Editorials Richard Coe ...........541-383-0353 News Tim Doran .......................541-383-0360 Photos .........................................541-383-0366 Sports Mark Morical ...............541-383-0318 TALK TO A REPORTER Bend/Deschutes Government ........................................................541-633-2160 Business Suzanne Roig ............................541-633-2117 Calendar .....................................541-383-0304 Education .................................541-383-0367 Fine Arts/Features David Jasper .................................541-383-0349 Health Suzanne Roig ............................541-633-2117 La Pine ........................................541-383-0367 Public Lands/Environment Michael Kohn ............................541-617-7818 Public Safety Bryce Dole .....................................541-617-7854 Redmond Joe Siess..........................................541-617-7820 Salem/State Government .. 541-383-0367 Sisters .........................................541-383-0367 Sunriver .....................................541-383-0367 REDMOND BUREAU Mailing address ..................P.O. Box 6020 Bend, OR 97708 Phone ......................................... 541-617-7829 CORRECTIONS The Bulletin’s primary concern is that all stories are accurate. If you know of an error in a story, call us at 541-383-0367. TO SUBSCRIBE Call us ......................541-385-5800 • Home delivery and E-Edition ..........................$7 per week • By mail .................................$9.50 per week • E-Edition only ...................$4.50 per week To sign up for our e-Editions, visit www.bendbulletin.com to register. TO PLACE AN AD Classified ......................................541-385-5809 Other information ....................541-382-1811 OBITUARIES No death notices or obituaries are published Mondays. When submitting, please include your name, address and contact number. 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The Bulletin retains ownership and copyright protection of all staff-prepared news copy, advertising copy and news or ad illustrations. They may not be reproduced without explicit prior approval. LOCAL BRIEFING One killed, one injured in U.S. Highway 97 crash A head-on collision Thurs- day night on U.S. Highway 97 north of Redmond resulted in the death of a 23-year-old Ma- dras man. At 7:39 p.m., Oregon State Police and emergency person- nel responded to a two-vehicle crash near NW Odem Ave- nue, Oregon State Police said in a news release Friday. According to police, Micah Borden, 23, of Madras was driving south in a gray Honda Accord when he crossed into the northbound lane and col- lided head-on with a red Ford F-150 driven by Jon Moore, 37, of Redmond. Borden was killed in the crash, and Moore was injured and transported to an area hospital, the release said. Redmond School Board member resigns Shawn Hartfield resigned from her seat on the Red- mond School Board this week. Hartfield moved to Central Texas thee weeks prior to help her family-owned auto parts business, Buckstop Truck- ware, open a new manufactur- ing facility there. Hartfield served on the board for seven years. She said she hopes her seat is filled by someone who has board expe- rience and understands how the district works. During the pandemic, Hartfield opposed mask man- dates in the district, which made statewide news. The Redmond School Dis- trict will now have four of their five school board seats up for election in May 2023, but the district is looking to fill Hart- field’s empty seat before then. Applications will be ac- cepted until 4 p.m. on Oct. 17. An applicant will be appointed at that time, or interviews will be scheduled for Nov. 9. Those interested must be registered voters and residents of the Redmond School District for one year prior to the appoint- ment. The person chosen to fill Hartfield’s seat will serve through June 30, 2023. Contact Gina Blanchette, at 541-923-8250 or visit www. redmondschools.org for infor- mation or to apply. OSU-Cascades to host free clinic for flu, COVID shots Oregon State Universi- ty-Cascades, in partner- ship with Deschutes County Health Services, will host a walk-up clinic for flu shots and COVID-19 vaccinations and boosters on Oct. 14 for community members and OSU-Cascades students, fac- ulty and staff. The clinic will take place between 1 p.m. and 5 p.m. in the atrium of Edward J. Ray Hall on the OSU-Cascades campus at 1500 SW Chandler Ave., Bend, the university said in a statement Friday. COVID-19 primary vac- cinations will be available for children 5 and older and for adults. The new bivalent booster shots will be avail- able for ages 12 and older, but only Pfizer COVID-19 vacci- nations and boosters will be available while supplies last. Flu shots will be available to everyone 5 and older. No health insurance or identification is required to get a flu shot, COVID-19 vac- cination or booster, the release said. Participants may bring current vaccination cards, al- though they are not required as clinic staff will have access to electronic records. Free parking will be avail- able to community members in the campus parking lot ac- cessed via Simpson Avenue, the release added. For additional information about the clinics or for accom- modation requests related to a disability, contact 541-322- 3100 or info@osucascades.edu. gon counties — Baker, Union and Wallowa — at high levels of COVID spread, seven at medium and 26 at low. The agency listed the fol- lowing levels for Central Or- egon: Deschutes County: Low Crook County: Low Jefferson County: Medium Precautions the CDC rec- ommends for communities with medium levels: If you are at high risk of get- ting very sick, wear a well-fit- ting mask or respirator when indoors in public. If you have household or social contact with someone at high risk for getting very sick, consider testing to de- tect infection before contact and consider wearing a mask when indoors with them. For communities at low levels, the CDC recommends staying up to date on vaccines and getting tested if experi- encing symptoms. — Bulletin staff reports COVID-19 community levels for Central Oregon The Centers for Disease Control and Prevention mon- itors levels of COVID-19 to help communities decide what prevention steps to take based on the latest data. Levels can be low, medium or high and are determined by looking at hospital beds be- ing used, hospital admissions and the total number of new COVID-19 cases in an area. 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