A court hearing in Phoenix, Arizona is scheduled for Monday, July 17th, to determine if the city has successfully met a deadline to clear a substantial homeless encampment. This action follows a June ruling by Maricopa County Superior Court Judge Scott Blaney, who declared the tent city a public nuisance after local businesses and residents filed a lawsuit. The plaintiffs cited concerns about drug activity, indecent behavior, and other criminal activities occurring near their properties.
The city's efforts to address the encampment are complicated by legal challenges. While Phoenix maintains it is complying with a law against criminalizing public camping, Judge Blaney found inconsistencies in the enforcement of other laws related to health and safety risks. This delicate balancing act between addressing the concerns of residents and business owners and respecting the rights of individuals experiencing homelessness mirrors challenges faced by numerous other major cities.
This isn't the only legal battle Phoenix is facing regarding its handling of homelessness. A separate federal lawsuit filed by the American Civil Liberties Union (ACLU) of Arizona contends that the city's approach to clearing the encampment violates the constitutional rights of unhoused individuals. Although U.S. District Court Judge G. Murray Snow declined the ACLU's request in May to hold Phoenix in contempt of a December ruling protecting the rights of those experiencing homelessness, he also ordered the city to refrain from enforcing camping and sleeping bans against individuals unable to access shelter and prohibited the seizure of their property.
The 2019 ruling by the U.S. 9th Circuit Court of Appeals, which prevents the criminalization of homeless individuals sleeping outdoors when shelter is unavailable, adds another layer of complexity to the situation. The upcoming hearing will be crucial in determining how Phoenix can navigate these legal constraints while addressing the concerns of its residents and business owners.
