In 2019, the Circuit Court of Appeals in Martin v Boise (920 F. 3d 584) held that it is unconstitutional for the government to punish people for certain conduct such as lying, sitting, or sleeping on the streets, that is unavoidable as a result of homelessness and there is no place for them to shelter. The court also determined that local governments could pass reasonable laws regulating when, where, and how persons experiencing homelessness shelter on public property. A later case, (Blake v Grants Pass) reinforced this ruling and also found that people sheltering outside because they had no place to go could take basic measures to stay warm and dry. It also found that access to a shelter depends on the situation. For example, if the only shelter bed available is for a single person and the person sleeping outside has a family or pets with them, that person does not have true access to that shelter bed because they could not bring their family or pet to the shelter with them.
In 2021, the Oregon Legislature took the court rulings and made them state statutes. They also required that reasonable time, place, and manner restrictions be in place by July 1, 2023, and that when passing these regulations, cities take into account the perspectives of all stakeholders including people experiencing homelessness.