Statement on behalf of the Housing Justice Alliance and Judi’s Midnight Diner

We are grieved and outraged by the death of Manuel Barboza-Valerio, who died last night on the streets of Medford, Oregon. Initial reports state that Manny died from hypothermia.

We knew Manny. He was a regular at Judi’s Midnight Diner, our mobile warming space that provides heated tents, coffee, food and community on the streets of Medford. Last night, Judi’s was set up a block away from where Manny died — we are heartbroken that we were not able to help him survive through the night.

Although the City of Medford offered an emergency winter shelter last night, the shelter was at capacity. People were denied entry as early as 9PM. According to Medford Police Lieutenant Mike Budreau, when Manny died “he wasn’t in a camp or sleeping bag … he was basically by the creek.” What goes unsaid here are the reasons why Manny may have found himself without a tent or sleeping bag during deadly weather.

Manny’s body was found near Medford’s 10th Street Bridge, underneath Interstate 5 and along the Bear Creek Greenway. As Medford enforces its cruel and unusual “Prohibited Camping, Lying, and Sleeping” ordinance, this area has been subject to constant police harassment. In recent weeks, it is in this exact location that unhoused individuals have been regularly threatened with 30 days in jail and a $500 fine for simply using a tent.

People are without tents in Medford because tents are illegal. When people on the streets lack sleeping bags, tarps and other cold weather gear it is often because these items have been confiscated by police as a routine part of “sweeps.” While the police are legally required to hold these belongings for 30 days, many unhoused individuals lack the means to pick up their belongings from the City of Medford Property Control. Other times, City employees including Parks and Recreation, ignore their own policies, simply throwing people’s belongings directly into the dumpster.

Local police including the Medford Livability Team also use “move-along” orders to target and harass unhoused individuals. “Move-along” orders are issued independent of any crimes being committed; people are simply told to leave the area, and often threatened with citations or arrest for noncompliance. Because no actual crime has taken place, police do not issue any formal citations during such encounters. There is little, if any, record of police contact. This allows police to operate outside the bounds of the law, using coercion and intimidation to displace unhoused individuals.

In the past month, we have heard countless reports of police issuing “move-along” orders throughout the City, especially along the Bear Creek Greenway. Police have even provided people with bus tokens to leave town. This near constant police harassment has been particularly focused on the areas beneath Interstate 5 and between 9th and 10th street, as many people are currently seeking shelter from the elements there. This is where Manny died.

Manny’s death is a tragic yet inevitable result of Medford’s policies and policing. When police evict unhoused individuals, confiscate their belongings, and issue “move-along” orders, people are displaced. They lose the ability to shelter-in-place during extreme weather. They lose access to life-saving cold wear gear including tents and sleeping bags. This is why we say that “sweeps kill.” This is what killed Manuel Barboza-Valerio.

Nothing will bring Manny back — and unless the City of Medford changes its course, there will be more deaths to come. We demand that the Mayor, City Council, City Manager Brian Sjothun, and the Medford Police:

• Enact an immediate moratorium against the City’s “Prohibited Camping, Lying, and Sleeping” ordinance for the duration of winter
• End the practice of “move-along” orders throughout the City
• Repeal the City’s cruel and inhumane “Prohibited Camping, Lying, and Sleeping” ordinance, and adopt solution-oriented approaches to houselessness that prioritize housing first

We encourage community members to write to the Medford City Council at PublicComments@cityofmedford.org urging them to take action on these issues. You can also contact Mayor Randy Sparacino and City Manager Brian Sjothun by calling 541-774-2000, press 0 when prompted.

If individuals would like to support unhoused individuals in Medford, you can make a donation to Judi’s Midnight Diner via Venmo @siskiyoumutualaid — write “cold weather” in the memo. All funds will be used to purchase tents, sleeping bags, and other survival supplies. We also welcome the family members of Manuel Barboza-Valerio to contact us for any needed support. The Housing Justice Alliance can be reached at housingjusticealliance@protonmail.com.