The Maricopa County Superior Court made a preliminary order Monday regarding the lawsuit against Phoenix by city residents alleging that it was creating a public nuisance by not cleaning up “the Zone,” a massive homeless encampment near downtown. Judge Scott Blaney ruled in the resident’s favor, ordering the city to clean up.
“Today’s ruling offers hope not just for the homeless themselves—who, after all, don’t deserve to be left in a ghettoized section of the city’s roads—but to the ignored small-business owners in the area, who are forced to try to earn a living in the midst of such chaos,” wrote Timothy Sandefur, vice president of Legal Affairs at the Goldwater Institute (GI), who previously filed an amicus brief in this case.
"Today’s ruling offers hope not just for the homeless themselves—who, after all, don’t deserve to be left in a ghettoized section of the city’s roads—but to the ignored small-business owners," @TimothySandefur writes.https://t.co/Ur5VAINpHL
— Goldwater Institute (@GoldwaterInst) March 28, 2023
The Arizona Sun Times reported that a group of residents and business owners operating in the zone filed a lawsuit against Phoenix in August. Over 1,000 homeless individuals reside in the zone near Arizona’s state capital, making it one of the largest homeless camps in the nation. The plaintiffs argued that these individuals were causing a public nuisance and the city was not doing its duty to alleviate the situation.
The city attempted to dismiss the case, but in January, Superior Court Judge Stephen Tully ruled that dismissal was not warranted because the plaintiffs properly pleaded their case.
Blaney’s order shared the court’s findings after considering all the filings and evidence submitted for this case. It found that, as the plaintiffs argued, the mass homeless population has created hazards in the zone, including blocking the right of ways, an increase in violent crime, drug abuse, public indecency, and environmental concerns. The court also found that the city had not adequately enforced the area’s criminal and quality of life laws.
However, the court also acknowledged that the city tried to mitigate the situation, including creating the Office of Homeless Solutions and constructing seasonal shelters for the homeless. Yet, the court also said that there is “very little evidence” that city “intends to take immediate, meaningful action” to protect its constituents from the effects of the zone.
Moreover, the court shared that structured campgrounds on vacant city lots would “be an effective solution to the issues in the Zone.” These campgrounds could be more regulated, hygienic, and safer for the community. However, the court found that Phoenix leaders “are not considering” creating these campgrounds because they would not provide air conditioning or heat for the homeless.
Additionally, the court found that the city had primarily justified its actions, or lack thereof, in the zone because it was abiding by the decision in Martin v. City of Boise. This case held that a municipality could not penalize homeless people sleeping on public property if they cannot obtain shelter.
However, the court found this case does not prevent the city from enforcing criminal laws or abating a public nuisance. Furthermore, the city cannot assume that every homeless person who sets up a tent cannot obtain another shelter.
Ultimately, Blaney wrote that the residents and business owners within the zone face “irreparable harm” if the situation does not change. The court found that because the city has options to alleviate the situation, such as structured campgrounds, it is prohibited from continuing to maintain the zone as it is. The city must ensure that rights of way in the area are free of tents, biohazards are removed, and individuals committing offenses are held accountable.
From here, Blaney stated a bench trial is set for July 10th, where the city must demonstrate to the court the steps to comply with this order. A spokesperson for the GI told The Sun Times that the city could appeal this ruling, but it is currently unclear if they will.
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Neil Jones is a reporter for The Arizona Sun Times and The Star News Network. Follow Neil on Twitter. Email tips to [email protected].
Photo “Homeless Encampment” by Goldwater Institute.
