Re: NGA River District Navigation Center

Jeff Liddicoat

Thank you Don for that nice clear statement regarding the current law of the land. It would be nice if people as well as local officials would also reflect 
on the spirit of that law. And since you seem up to speed on such matters perhaps you could answer a couple  related questions.
Correct if I’m wrong but isn’t it true that Boise for example still leaves municipalities more or less free to clear sidewalks are obstructed, or to in effect sweep people from public land by citing them for illegal camping, or erecting of a temporary structure,
conduct an arrest and take personal property (including tarps, tents, sleeping bags and the like)? Is this what is meant by an abatement ?
What does an abatement mean? Does it allow police to siege things they consider trash or an eyesore making no pretense to be. acting with any other statutory authority? Again thank you for reminding everyone about Boise and Blake.
Jeff LIddicoat

On Sat, Sep 26, 2020 at 2:03 PM Trena Sutton <thegirlsok@...> wrote:
 In any contract the premise is based on a meeting of the minds ithat both sides would benefit to some degree. 

 It’s been a few years since I created this GNA  for the now defunct camp. A few people set up tents on PBOT  land without authorization from the city  (Occupy the land now and ask forgiveness later).  A former local Pastor (who did not reside there) set it up and created the Code of Conduct.  As I stated in the aforementioned it turned out to not be  Worth the paper it was written on despite his honorable efforts. I talked with him about the Good Neighbor Agreement. Each side would agree to the terms of the agreement  and negative actions would not be taken by either side unless the terms of the GNA were violated.

Even if it could not be adjudicated in the traditional sense a Civil Court would be obliged to hear the merits of an agreement that has been “Grandathered” in.

 Since this particular sanction camp violated the terms of the  GNA  immediately it became moot and would not even been considered.  Until a significant time has passed do you have something Grandathered in  nothing may be actionable but the surrounding community would feel a bit more secure and  would be more receptive. The NAV center has saved countless lives  but they faceed (and continue to face) some  pushback. Some misguided community members feel it’s much safer to have people living in desperation on the streets instead of being in places of safety. You can’t confuse some people with logic.

On Sat, Sep 26, 2020 at 1:27 PM <don@...> wrote:

Ms. Witt, et. al., Good Neighbor Agreements do not have the force of law; however, Oregon Harbor of Hope has and will continue to follow the provisions of the GNA developed more than a year ago to govern the operation of the navigation center.


Oregon Harbor of Hope does not have police power nor does the GNA signed in good faith pre-empt federal, state or local laws.  Two court decisions – Martin v. Boise and Blake v. Grants Pass declare, as a matter of constitutional law, that neither criminal nor civil penalties may be enforced against homeless persons occupying public property.  Sidewalks, rights-of-way and other such property are encompassed by these recent decisions and apply to Portland, including private parties who may be offended by the occupation of public property by persons otherwise without shelter.


In addition to these constitutional protections on public property, neither Oregon Harbor of Hope nor Transition Projects, Inc. can enforce rights nor objections held by private persons on private property.  If uninvited persons are trespassing on private property, private owners, at their discretion, must seek self help or contact the Single Point of Contact, the Portland Police Bureau or legally-authorized security agents for relief.


Our intention, always, is to follow applicable law and to continue to advocate for the rights and  provide for the needs of the less fortunate among us.  We invite you to join us in that mission.




Don Mazziotti



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