United States District Judge Ann Aiken ruled Wednesday that the plaintiffs in an action filed against City of Bend officials on July 21 were not entitled to a temporary restraining order or any other relief. Judge Aiken dismissed the case.
This means the City may proceed as planned with the temporary closure and clean-up of Hunnell and Clausen roads, and that all people in the closed area must leave no later than midnight tonight. The City will resume its clean-up operations as planned on Thursday morning, July 27.
In addition to dismissing the case, Judge Aiken concluded that one of the plaintiffs and their organization could not speak for or represent themselves or other individuals experiencing homelessness in the case.
Judge Aiken also discussed the City’s Camping Code in her order, recognizing that it allows people to use many of the City’s public rights-of-way to camp for limited time periods, does not contain any criminal penalties and applies to everyone equally, regardless of whether they do or do not have access to shelter.
“The City remains committed to meeting its obligations to manage its public spaces while also addressing issues around homelessness and individuals experiencing homelessness with compassion and pragmatism,” said Assistant City Attorney Ian Leitheiser.
