A local law center is threatening to sue the city of Eugene if police officers continue to cite homeless people who don't have access to adequate shelter for violating the outdoor camping ban.

The warning from the Civil Liberties Defense Center came in the wake of last month's ruling by a federal appeals court that local ordinances punishing homeless people for camping in public when they have no other alternative violate the U.S. Constitution’s prohibition against cruel and unusual punishment.

In response to the decision, a Eugene assistant city attorney said it’s "business as usual" — indicating the city didn't plan any changes to the enforcement of its outdoor camping ban — as there are key differences between the ordinances in Eugene and Boise, which was at the center of the federal lawsuit.

The law center disagrees with that stance and, in a Sept. 24 email to the city's mayor and city councilors, the center's executive director, Lauren Regan, said the organization was prepared to file a federal lawsuit unless officials change their tack.

"At this point, we're still researching, we're still talking to people, we're still trying to figure out if this is something that is

actionable," said Cooper Brinson, an attorney at the center. "Of course, we think the more appropriate action is for the city to address this problem."

The center is calling for the city to provide more shelter for homeless people and, in the meantime, direct police officers to "pull their foot off the accelerator" in enforcing Eugene's outdoor camping ban, Brinson said.

In her email, Regan said she doesn't want to sue the city, saying it would take away money that instead could be used to shelter more homeless people.

In a statement, city spokeswoman Laura Hammond said, "The city continues to work diligently to address the diverse and complex needs of the unhoused in our community. .... We hope that CLDC will recognize the city's efforts to find positive, proactive solutions to this multifaceted issue and consider ways to help further and build on these efforts rather than spending time and resources on lawsuits."

Hammond noted the millions of dollars in local and federal funds that the city has invested on operating costs and capital projects to assist homeless and low-income residents.

Assistant city attorney Ben Miller said one key difference between the ordinances in Eugene and Boise is that in Idaho's capital city a violation of the camping ban is a misdemeanor that can result in jail time, if convicted. In Eugene, however, a violation of the local camping ban is an infraction, carrying a maximum $200 fine.

But Brinson argued there's no meaningful difference between the ordinances as they both punish homeless people.

"If people out there are racking up hundreds, if not thousands of dollars in fines, it puts them further in debt and further into economic disenfranchisement, so I really don't buy that argument," he said. "I don't believe that is an appropriate legal distinction or a correct legal distinction."

Brinson said he's heard of numerous instances where homeless people have been cited by police officers for napping in a public park.

To protect public health and safety, the city prohibits anyone from camping — involving putting down bedding or setting up a stove or campfire — in any public area, including on sidewalks and in parks. Unlike Boise, Eugene does not have a ban on sleeping outdoors that doesn't involve setting down bedding or using a stove or campfire.

Eugene's ordinance gives the City Council the authority to exempt a special event from the outdoor camping ban, given that it identifies a specific time period and location for the exemption.

Brinson acknowledged that the city is making strides to provide shelter for the homeless, but until the demand is met, it must roll back its current practices enforcing the city's outdoor camping ban.

As examples, the city has authorized car camping and “rest stop” programs sanctioned by the city and managed by local social service agencies. Social service providers offer emergency, transition and permanent housing in the community, drawing from public funds provided by the city.

According to a 2017 inventory, there are about 500 year-round emergency shelter beds for stays up to 60 days in Lane County, mostly provided by the Eugene Mission. The rest stop and car camping programs as well as the tiny home community known as Opportunity Village provide shelter for 190 more residents and 14 families in Eugene.

In Lane County, volunteers tallied nearly 1,650 homeless people, including 1,135 who were unsheltered, according to this year's federally mandated count.

The city and county have begun exploring the construction and operation of a public homeless shelter, and leaders are scheduled to receive a presentation on a consultant’s report on ways to move forward with that project Wednesday.

Founded in 2003, the law center, according to its website, "supports movements that seek to dismantle the political and economic structures at the root of social inequality and environmental destruction."

It's taken on numerous cases involving police misconduct, activist defense and government repression.