Tozer, et al. v. City of Portland Settlement Agreement

Information
An illustration of the three sidewalk zones: Frontage Zone, Pedestrian Through Zone and Furnishing Zone
The City of Portland's settlement with a group of plaintiffs who alleged violations of the Americans with Disabilities Act.

Tozer Settlement Agreement

In September 2022, nine individuals with disabilities related to mobility or vision, and one caretaker of an individual with a mobility disability filed a lawsuit against the City. They alleged violations of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Specifically, they alleged: “the City has failed to and continues to fail to maintain its sidewalks clear of debris and tent encampments, which is necessary to make its sidewalks readily accessible to people with mobility disabilities.”  

The City and the Plaintiffs in Tozer, et al. v. City of Portland, entered into a five-year Settlement Agreement in connection with the lawsuit, effective through June 20, 2028. The Settlement Agreement includes requirements on the City related to maintaining a campsite reporting system, assessing campsites that obstruct sidewalks, and prioritizing campsites that obstruct sidewalks for removal. The Settlement Agreement does not require removal of all sidewalk obstructions, or any particular sidewalk obstruction, and doesn't impose a specific timeline for removal of sidewalk obstructions.

Note that obstructing a sidewalk means that a campsite obstructs the pedestrian through zone, as indicated in this photograph: 

An illustration of the different sidewalk zones, including the Frontage Zone, Pedestrian Through Zone and Furnishing Zone
Photo of Pedestrian Through Zone

Contact

Homelessness and Urban Camping Impact Reduction Program