Deschutes County Circuit Court Judge Wells Ashby denied a temporary restraining order that would have delayed the sweep of campsites along Hunnell and Clauson roads on July 17, thereby allowing the City to remove the nearly 60 campsites on the road. The City, however, did grant a seven-day extension for 22 people living on Hunnell Road under the City's Americans with Disabilities Act regulations, and extended it another two days due to unsafe air quality from wildfire smoke. In a press release after Ashby's ruling, the City said it had met all its obligations under local and federal law.
The same plaintiffs from that case, made up of residents of Hunnell Road and homeless service providers, filed a separate complaint in the U.S. District Court in Eugene. It argues that the City is violating their rights under the Americans with Disabilities Act by only allowing a 10-day delay, that their Fourth Amendment rights are violated by seizing their property and that their Eighth Amendment Rights are being violated due to the threat of arrest if they fail to vacate before the City clears the camp. Many of the complaints are similar to the request for a temporary restraining order filed in Deschutes County Circuit Court.
As of press time it was not clear if the case in the District Court would appear before a judge before the remaining camps are removed on July 27. The docket for the U.S. District Court of Oregon doesn't show the case scheduled before Hunnell residents are removed.
The City is facing another court case from Hunnell residents from a case earlier this month. On July 14 the Oregon Justice Resource Center issued a tort notice to the City arguing that its camping code regulating when, where and how people can camp is unconstitutional. The tort notice said a suit will be filed after 90 days, which wouldn't enter the court until mid-October.
