| NEWS | Zone from p 7 Each said conditions worsened in the Zone in 2019. Before that time, the city enforced its urban camping ordinances, which allowed people to sleep on the streets but not to pitch tents. But in 2018, a decision from the Ninth U.S. Circuit Court of Appeals held that cities could not enforce camping ordinances if no shelter beds were available. Given the constant shortage of shelter beds in Phoenix, the city is forced to allow public camping. The property owners, though, argued that the city has used the decision in the federal case, Martin v. Boise, as an excuse to stop enforcement of other, unrelated city ordinances in the Zone and abdicated its responsibility of the crisis. “There are options available to the city, and the city chooses not to take them,” Wurman said. He emphasized that the plaintiffs were not suggesting any partic- ular policy change. Rather, they argued — and hoped for the judge to agree — that the Zone is an illegal public nuisance. Attorneys for the property owners suggested the city create a structured campground with onsite security and facilities to provide quarters for the unsheltered population in the Zone. During the court hearing, Bailey and Wurman asked city officials why such an option was not considered. While the neighbors, and some service providers in the area, have endorsed the ideas, structured campgrounds are also controversial. Advocates have noted that relocating people from the Zone to a new location would separate them from vital social services — even though conditions in the area are poor. City Defends the Zone Gina Montes, the deputy city manager overseeing housing operations, was the first official called by attorneys for the city. She testified about the millions of dollars Phoenix has funneled toward its housing efforts, and its plans to open additional shelters in the coming months. Then, as Wurman cross-examined Montes with pointed questions, the testi- mony turned to the idea of a structured campground. Had the city considered such an option? “We have been prioritizing indoor spaces for people,” Montes explained, noting the dangers of the summer heat. But Wurman pointed out that despite the city’s priorities, people have continued to live outside on the streets — including through the summers. Montes, though, wouldn’t budge. The city, she said, was not prioritizing creating a structured campground. Montes later said that while the option had been adopted by other cities, such as Denver, it had not eradicated homelessness. Arnson repeated this argument in his Lynn Trimble Joel Coplin, who owns a gallery in the Zone, is one of the plaintiffs in a lawsuit against the city of Phoenix over the area. closing remarks. A structured campground was mostly a solution for the plaintiffs and not the people living on the streets, he said. “We know that heat is an issue. It still wouldn’t get them into a shelter. It still wouldn’t get them into a home. It takes them to a different place that’s not in front of [plaintiffs’] business. But they’re still unsheltered,” Arnson said. The city also fleshed out its argument that it has taken action to address issues in the Zone. Phoenix Police Commander Brian Freudenthal, who oversees the Central City Precinct, testified that a “shelter squad” of police officers is dedi- cated to the Zone, which is the smallest geographic area in the city to have such a specialized unit. Scott Hall, the deputy director for the city’s homelessness services division, explained that the city also conducts regular street cleanings in the Zone. The city used to conduct more exten- sive sweeps in the area and force people to move their tents several times a week to conduct cleaning. The cleanups were highly controversial, as the city sometimes confiscated property in the process, and the police department’s role in them is being investigated by the U.S. Department of Justice. “We paused to make sure we were doing everything safely and appropriately,” Hall said. After people began resisting the sweeps and refused to move their belong- ings for the cleanups, and activists staged protests, the city was forced to stop them, he added. But the city has developed new proto- cols and plans to conduct “enhanced” cleanups starting in December, Hall said. Attorneys for the property owners, though, emphasized that more urgent action was needed. “Their policy, right now, violates the law,” Wurman said in his closing remarks. 9 phoenixnewtimes.com | CONTENTS | FEEDBACK | OPINION | NEWS | FEATURE | NIGHT+DAY | CULTURE | FILM | CAFE | MUSIC | PHOENIX NEW TIMES NOV 10TH–NOV 16TH, 2022
