Matt Hennie Zone from p 15 the city of Phoenix, did not comment specifically on the lawsuit and instead pointed to the “complex issues” in the area. He also pointed to the city’s increased spending on housing issues. “The city of Phoenix is committed to addressing the needs of all residents and property owners as we work with local and regional partners to address the complex issues surrounding those experiencing homelessness,” he said. The city has until August 30 to respond to the lawsuit, though that deadline could be extended. Lawsuit: ‘Unsanitary and Unsafe’ The encampment downtown is larger than it has been in recent memory, but homeless people have lived there for decades. “There were a tremendous number of people sleeping in the area,” said Elizabeth Venable, an organizer with the Fund for Empowerment, an advocacy group that works in the Zone. Venable estimated that the numbers ranged from 400 to 500 people even years ago. One possible reason for this is because several social services organizations are located at the center of the Zone. The Human Services Campus, a nonprofit resource hub, houses a 470-bed shelter run by Central Arizona Shelter Services and offers legal services, job programs, and housing assistance. Next door, Andre House provides free meals and other support for people living on the streets. “People come to where there are resources,” Venable said. Something changed, however, in 2018. That year, a ruling in a case called Marvin v. Boise affected how cities can treat encamp- ments in several states, including Arizona. In Marvin, the Ninth U.S. Circuit Court of Appeals, which has jurisdiction over much of the western U.S., held that it was unconstitutional for cities to ticket people for sleeping or camping in public spaces if there were no shelter beds available and nowhere else for them to go. The ruling invalidated anti-camping ordinances in many cities. The owners of the Old Station Sub Shop on Jefferson Street are among the plaintiffs in a lawsuit over a nearby homeless encampment. In 2020, Phoenix New Times found that Phoenix had been slow to comply with the ruling. One homeless woman was issued a ticket for camping during the pandemic. Eventually, the city said it would stop issuing the citations. Records bear this out. Back in January, New Times requested data from the city on the number of urban camping citations it had issued since 2017. They have fallen sharply. In 2017, Phoenix police issued 283 urban camping tickets. In 2018, that number decreased to to 172, and then again fell to 85 in 2019. In 2021, the city issued only nine. Virtually every ticket issued since 2019 ultimately was dismissed by a municipal judge. The lawsuit filed in early August argued that the city used the Marvin v. Boise deci- sion simply to neglect the Zone. That created a danger for the people who live there as well as the plaintiffs in the case, according to the suit. “This is about the city of Phoenix using the Ninth Circuit decision as an excuse to completely wash its hands of the crisis,” Wurman said. The 2018 decision doesn’t require or allow the city to maintain public land in an “unsanitary and unsafe condition,” according to the lawsuit. “Nothing in the Ninth Circuit opinion precludes the enforcement of laws and ordinances against public urination and defecation, drug use, and other disorderly conduct,” the suit stated. But in the Zone, attorneys wrote in the lawsuit, “the city of Phoenix has ceased to enforce such laws and ordinances.” Homeless Activists Push Back If the lawsuit is successful, here’s what could happen: First, a judge would declare the encampment in the Zone to be a “public nuisance,” as defined in Arizona law. “It is a nuisance. I would be shocked if we don’t win that issue,” Wurman said. Then, a judge could issue an >> p 19 17 phoenixnewtimes.com | CONTENTS | FEEDBACK | OPINION | NEWS | FEATURE | NIGHT+DAY | CULTURE | FILM | CAFE | MUSIC | PHOENIX NEW TIMES AUG 25TH–AUG 31ST, 2022
