7 Dec 12th-Dec 18th, 2024 phoenixnewtimes.com PHOENIX NEW TIMES | NEWS | FEATURE | FOOD & DRINK | ARTS & CULTURE | MUSIC | CONCERTS | CANNABIS | Cracking Down Tempe will strictly enforce camping bans that affect unhoused people. BY TJ L’HEUREUX I n June, the U.S. Supreme Court ruled that municipalities can ban sleeping in public even when a person has nowhere else to go. And in November, Arizona voters passed Proposition 312, which allows people to sue cities for property tax refunds if public nuisance laws such as camping bans aren’t enforced. Advocates for the unhoused worried the result of both would be more people unable to escape homelessness. Now, the city of Tempe appears to be committed to making that happen. On Dec. 3, Tempe issued a press release announcing it would be “implementing strict enforcement of its urban camping ordinance,” specifically citing the passage of Prop. 312 and the Supreme Court’s ruling in Grants Pass v. Johnson, which upheld the constitutionality of camping bans. “The Grants Pass decision specifically states that citing people for urban camping is not cruel and unusual punishment,” the release said. “Proposition 312 allows for property owners to apply for a refund from cities and counties for costs related to urban camping if a city does not enforce its ordinances.” The ordinance in question is Tempe City Code 23-90, which was passed in 1997 and updated in 2018. It bars people from using public property as housing. “This includes pitching tents or building shelters in places such as city parks, preserves, alleys, bus stops, schools or rights of way,” the city’s release said. “It also bans activi- ties such as making fires, storing personal belongings in public spaces and laying down bedding for sleeping.” In effect, it outlaws most of the things unhoused people do to survive. The city said anyone who violates the ordinance “will be offered outreach services and given a warning that urban camping is not allowed in the City of Tempe public spaces.” However, after that, violators will be cited with a class 1 misde- meanor, which is punishable by a fine of up to $2,500 or up to six months imprisonment. “It is hoped that those in need of assis- tance will take the opportunity to get help,” the city’s release said. It was a telling use of passive voice. After all, the city’s critics say Tempe isn’t doing much to provide that help. ‘Very cynical’ On the “Housing and shelter” section of its website, Tempe pats itself on the back for its approach to helping its unhoused resi- dents. “Tempe is known for its progressive response to addressing homelessness,” the site reads. Many who work with the unhoused in Tempe scoff at that notion. Fund for Empowerment founder Elizabeth Venable said Tempe has done little to actually help anyone experiencing homelessness. “Historically, the city of Tempe has kind of kicked the can along on addressing homelessness by relying on other cities to take the lion’s share of the burden of providing actual services,” Venable said. “For many years, there were zero shelters in Tempe.” Now, there is one city-run shelter: Sue’s Espacio, a 40-room former hotel the city purchased and converted Tempe says it will offer violators of its camping ban access to services and issue them a warning, but a second violation could come with a $2,500 fine or six months in prison. (Photo by Steven Hsieh) >> p 8 | NEWS |
