BEND — The city of Bend was hit with another legal challenge to its homelessness policies Friday, the same day a challenge filed by homeless residents earlier in the week was heard in court.

The new challenge notified the city that the Oregon Justice Resource Center intends to sue on behalf of three homeless people living in the Hunnell Road area. The center alleges the city’s camping code — which regulates when, where and how people can stay or park on public property within the city — is unconstitutional, according to a tort claim notice obtained by The Bulletin. 

The city of Bend and Thaddeus Betz and Walter Fonseca, the lawyers behind the tort notice, were not available for comment. A suit will be filed after 90 days, the notice said.

The city has said it intends to clear people, tents and vehicles from Hunnell and Clausen roads in northern Bend this week. Initially, City Manager Eric King said a cleanup would take place on Monday, but Assistant Attorney Ian Leitheiser said in court Friday that the removal wouldn’t take place until Tuesday.

A motion filed in Deschutes County Circuit Court Wednesday, July 12, seeks to prevent the city from clearing Hunnell and Clausen roads. It was filed by local homelessness advocate Charles Hemingway and three people who live on Hunnell and Clausen roads — Myntora Aguilar, Michelle Hester and Nicholas Schindler — and it questions whether the city will comply with the Americans with Disabilities Act.

Aguilar, Hester and Schindler have disabilities, and each of them filed requests with the city on Wednesday for more time to move because of those disabilities. They and others living in the area have until the end of the day on Monday to move. 

The city must go through a certain process, as required by law, to ensure it has evaluated each person’s request thoroughly. That process is currently underway, Leitheiser said in court.

No decision was made Friday, but another hearing is scheduled for Monday.

Much of the proceedings Friday dealt with the city’s process for determining homeless people need to leave the Hunnell Road area.

“We’re not asking for a lot,” Hester pleaded with Judge Wells Ashby. “I don’t want to lose my home. I just need more time.”

Ashby was sympathetic, but said there are things the court can and cannot do.

“The court’s role is limited,” Ashby said. “The court’s role is to determine whether the city is in violation of their ordinances and policies, not to set policy for the city of Bend.”

During the hearing Friday, Hester alleged Bend Mayor Melanie Kebler promised that people living in the Hunnell Road area would have a place to go before the sweep began.

Kebler responded in an emailed statement: “While I respect the legal process and the right of constituents to advocate for themselves, I want to make sure the record is correct. Statements made in court today accusing me of making certain promises in writing and of therefore lying to the residents of Hunnell and Clausen roads are not true.

“There were also statements made that we have no shelter beds available. This is also untrue. We have recently increased shelter capacity in Bend and have had availability as recently as this week for people to enter low-barrier shelter.”

The second hearing will take place at 3:30 p.m. Monday when Ashby will revisit the possibility of issuing a temporary restraining order, which could effectively postpone the sweep of Hunnell and Clausen roads.