SALEM, Ore. — While the U.S. Supreme Court's ruling in Johnson v. Grants Pass is unlikely to have much of an immediate effect on Oregon's homelessness policy, it has shifted the focus of some lawmakers to Oregon's House Bill 3115 — the state law requiring that local regulations on homeless camping on public property be "objectively reasonable" as to time, place and manner restrictions.

"The legislature needs to act; we need to create some space for local jurisdictions to understand what is reasonable," said Senate Republican Leader Daniel Bonham in an interview with KGW.

HB 3115 codified the protections of Martin v. Boise — the judicial precedent that was effectively overturned by the Supreme Court's Grants Pass ruling on Friday — into state law, meaning it still stands despite the high court's decision. In light of the new judicial landscape, Oregon cities will have to fall back on HB 3115 for guidance.

However, Portland Mayor Ted Wheeler told KGW he would request the legislature update the law to more explicitly define "reasonable," giving cities more clarity on what actions they can take, while city commissioner Rene Gonzalez said HB 3115 is a mistake that should be repealed or fixed.

Bonham said HB 3115 harms the ability for local governments to address homelessness in an effective and compassionate way. He said he's not certain if lawmakers will propose an amendment, try to repeal and replace the bill, or take other action, but it's now top of mind.

"I have not had a chance yet to talk to Democrat leaders yet as to what their appetite is, but I do think it's fresh, it's hot, and people are now digging back into it to see what direction we need to go," he said.

Despite the renewed interest, there doesn't appear to be anything in Supreme Court's ruling that would compel changes to HB 3115, and Democrats are a bit more cautious. Senator Kayse Jama told KGW that his office is now reviewing the Supreme Court's decision and how it intersects with Oregon law.

"I think it's too early to determine whether or not changes to HB 3115 are needed," Jama said in a statement. "In any case, we must continue balancing the rights of all people, regardless of their housing status, with the accessibility of public spaces."

Jama said criminalizing homelessness is not an effective or compassionate policy tool and he believes increasing affordable housing production is the current top priority, not the legal interpretation of how municipalities may institute camping bans and restrictions.

Gov. Tina Kotek, who sponsored HB 3115 in 2021, didn't say if she would support any alterations or adjustments to the 'objectively reasonable' standard statewide law now that Martin v. Boise has been overturned.

Instead, Kotek also pointed to housing production, after saying many Oregon communities have responded appropriately to HB 3115 in the past three years.

"Regardless of the Court's decision, we must do all we can to address homelessness," Kotek said in a statement. "This includes addressing the primary driver of homelessness — our lack of affordable housing."

Another Democrat sponsor of HB 3115, Rep. Pam Marsh, said she would need to be convinced that the law needs changing or clarification.

"I think we came upon a pretty balanced policy in HB 3115, we said very clearly that cities can regulate the presence of homelessness on their streets — they can enact time, place and manner restrictions," Marsh said, referencing the reasonable standard. "Our goal there was to strike that balance and I think we did, so I would have to be persuaded that that needed to change."

Bonham said lawmakers need to involve municipalities in the discussion on how to best move forward in a compassionate way for all people, housed and unhoused, and he hopes the legislature addresses this topic sooner rather than later.

"Pragmatism should rule and we, as the legislature, should come together to give the local jurisdictions the clarity they need to really move forward," Bonham said.