Portland Residents With Disabilities Sue Over City's Blocked Sidewalks

People with disabilities in Portland have filed a class action lawsuit in federal court, Thursday, Sept. 8, 2022, claiming the city has failed to keep sidewalks accessible by allowing homeless tents and encampments to block sidewalks. (AP Photo/Craig Mitchelldyer, File)
Folks with disabilities in Portland have filed a category motion lawsuit in federal court docket, Thursday, Sept. 8, 2022, claiming town has didn't maintain sidewalks accessible by permitting homeless tents and encampments to dam sidewalks. (AP Photograph/Craig Mitchelldyer, File)
Craig Mitchelldyer through AP

PORTLAND, Ore. (AP) — Folks with disabilities in Portland, Oregon, have sued town, saying they'll’t navigate its sidewalks due to sprawling homeless encampments.

The federal class motion lawsuit says town has violated the People with Disabilities Act by permitting homeless folks’s tents to dam metropolis sidewalks, making it troublesome for folks utilizing wheelchairs, walkers or canes to make use of them.

“All the class of individuals with disabilities are repeatedly disadvantaged of the advantages of companies of town of Portland,” mentioned John DiLorenzo, lead counsel for the plaintiffs.

The go well with was filed Tuesday in U.S. District Court docket in Portland.

The plaintiffs embody 9 folks with disabilities and a caretaker. Among the many plaintiffs is Keith Martin, a 71-year-old a Portland resident who has used a wheelchair since having a stroke three years in the past.

“I couldn’t get to my breakfast within the morning as a result of there was a tent protecting the entire sidewalk,” Martin mentioned. “I used to be pressured onto the road and narrowly missed a streetcar that got here across the nook.”

Oregon’s homelessness disaster has been fueled by a housing scarcity, the coronavirus pandemic and excessive drug dependancy charges. Federal information from the newest Nationwide Survey on Drug Use and Well being discovered that 9% of teenagers and adults in Oregon had illicit drug use issues in 2020. That yr, the state additionally ranked final in entry to drug dependancy therapy, in accordance with the survey.

The category motion go well with seeks to require town to clear all sidewalks of tent encampments and particles, and to “assemble, buy, or in any other case present for emergency shelters during which to deal with the unsheltered individuals” who could also be affected.

Such measures would make sidewalks accessible for folks with disabilities in a secure method whereas offering a secure place for unhoused folks, DiLorenzo mentioned.

Portland Mayor Ted Wheeler’s workplace mentioned the mayor is assembly with town lawyer earlier than offering remark.

About 13% of Portlanders stay with a incapacity, in accordance with the lawsuit, together with 6% with mobility impairments and a couple of.4% with visible impairments.

Plaintiff Steve Jackson, 47, is legally blind and makes use of a cane to stroll. He mentioned tents forestall him from navigating the sidewalk and accessing bus stops.

“Typically there’s tents blocking the whole sidewalk, the place I don’t see them as a result of they weren’t there the day earlier than, and I hit the tent after which individuals are mad at me and assume I’m attacking them,” Jackson mentioned throughout a information convention.

There have been about 3,000 unsheltered folks residing in Multnomah County, dwelling to Portland, throughout the latest point-in-time depend in January 2022, county figures present.

The Portland Metropolis Council declared a state of emergency on homelessness in 2015 and has prolonged it 5 occasions since then. The measure, now set to run out in 2025, reduces the bureaucratic hurdles surrounding the creation of homeless shelters.

Regardless of town’s years-long emergency measure, the estimated variety of folks experiencing homelessness spiked 25% within the Portland space between 2020 and 2022, in accordance with point-in-time counts reported to the U.S. Division of Housing and City Improvement.

This yr alone, Wheeler has issued 4 emergency declarations to deal with homelessness points. Most just lately in August, he expanded a earlier declaration that prohibits tenting alongside high-speed corridors equivalent to highways to incorporate key strolling routes to Okay-12 colleges.

The state has wrestled with a debate over one of the best ways to scale back homelessness. Some enterprise teams have known as for extra encampment sweeps and stricter enforcement of anti-camping ordinances, whereas others need extra funding in social companies and inexpensive housing.

Oregon lawmakers earlier this yr authorized a price range that features $400 million to deal with homelessness and housing.

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Claire Rush is a corps member for the Related Press/Report for America Statehouse Information Initiative. Report for America is a nonprofit nationwide service program that locations journalists in native newsrooms to report on undercovered points. Comply with Claire on Twitter at http://www.twitter.com/ClaireARush.

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