Advocates of smaller shelters say their referendum may drive Portland to shrink its present plan
A lawyer for Portlanders for Safer Shelters, which is behind the smaller shelters citizen referendum, despatched a letter to the mayor and members of the Metropolis Council on Thursday threatening a lawsuit if metropolis employees say the result of the vote couldn’t change metropolis plans to construct a 208-bed homeless companies middle in Riverton.
Metropolis attorneys have mentioned prior to now that plans for the middle could be safeguarded by regulation in the event that they have been accredited not less than 45 days earlier than the upcoming election. The group towards the middle argues that the regulation requires a written determination be issued for the mission to get closing approval – and that didn’t come till 41 days earlier than Nov. 2.
Lawyer Kristin Collins requested that metropolis officers appropriate the general public file and chorus from repeating “inaccurate statements.”
“These false statements are maybe supposed to and can have the impact of miserable voter turnout and engagement,” Collins wrote. “If such feedback proceed, we’ll instantly request a declaratory judgment and injunction to declare that the amendments, if handed, will connect to the proposed Riverton shelter.”
A metropolis lawyer Thursday objected to Collins’ characterization of town’s stand and prompt that the matter probably “can be ably resolved by a courtroom of regulation in the end.”
“It’s unlucky this Lawyer Collins and her consumer have opted to accuse town of “voter suppression” and tried to bait the Metropolis into litigating what’s essentially a authorized query within the courtroom of public opinion, relatively than in a courtroom of regulation,” Danielle West, Portland’s Company Counsel and soon-to-be interim metropolis supervisor, mentioned in an announcement. “As a result of the Metropolis tremendously respects Portland voters and on no account needs to unfairly affect the election outcomes, a lot much less suppress voter turnout or participation, it is not going to supply a authorized opinion by some means in regards to the applicability of the initiative on any land use approval.”
Portland officers have spent years arising with a plan to interchange the Oxford Avenue Shelter, which companies single adults in Bayside. That house is a three-story condo constructing and storage that was retrofitted right into a shelter. It may accommodate 154 individuals, who should sleep on skinny flooring mats in shut proximity to at least one one other. And there’s no room for extra companies akin to a soup kitchen or counseling.
The smaller shelter referendum, Query A on town poll, would restrict the dimensions of most new homeless shelters to 50 beds and take away necessities, together with that services be positioned close to public transit and have day house. The measure is retroactive to April 20 and was designed to dam town’s plans to construct the proposed new middle on Riverside Avenue, which might supply homeless individuals raised beds, wraparound companies, a medical clinic, soup kitchen and a spot to come back inside through the day.
Metropolis attorneys have said publicly that state regulation prohibits retroactivity clauses from derailing any mission that has obtained its closing approval not less than 45 days earlier than such a clause would go into impact, which on this case could be Election Day.
Attorneys have mentioned the Planning Board’s vote to approve the shelter constituted closing approval, however Collins mentioned town’s land use code states that selections are thought-about closing “as of the date the written determination is issued.”
It’s a technical level that might have a big effect.
The Planning Board accredited the shelter mission on Sept. 14, which is 49 days earlier than the election. Nonetheless, Collins mentioned a metropolis staffer indicated that the written determination was not signed till someday after Sept. 20 and never issued till Sept. 22, which was 41 days earlier than the election.
“If handed, the citizen-initiated amendments have to be utilized to the proposed shelter, requiring its capability to be decreased to 50 beds,” Collins asserted.
In her letter, Collins characterised the group she is representing as “a coalition of Riverton and different native residents and property homeowners who circulated and signed petitions for the poll initiative to restrict the dimensions of homeless shelters.”