Matt Hennie Zone from p 17 injunction — a court order that would force the city to take action — and relocate the people currently living in the Zone, or otherwise address the nuisance. “We’re not seeking damages,” Wurman explained. “We’re not seeking to overturn the Ninth Circuit decision.” Wurman and the lawsuit suggested ways the city could solve the problem without violating Marvin v. Boise. The city could move the encampment to another city lot and create a “structured camping space” that it maintains. Or, the city could provide enough shelter beds to resume enforcing its anti-camping ordinances. Activists and people who have lived in the Zone have long been critical of the city’s approach to its largest encampment. A year ago, there weren’t bathrooms or running water with 24-hour availability. This spring, under mounting pressure, the city added a water station and 10 outdoor toilets. They said the lawsuit may not bring solutions. “The first time that I was homeless out here, it took a year and a half to even talk to someone at housing. And I was staying at [Central Arizona Shelter Services] at the time,” said Cappy Maatsch, another orga- nizer with the Fund for Empowerment. Though she now has stable housing, Maatsch has spent stretches of time living in the Zone and nearby shelters. Maatsch said she is worried that moving people away from the neighbor- hood could cut them off from needed resources that could only be accessed on-site. Venable agreed. “I don’t see where they are supposed to go,” she said. Both Maatsch and Venable don’t find the “structured camping” suggested by the lawsuit to be a good solution. Vacant city lots suggested in the lawsuit as an alterna- tive location, they said, do not have access to the resources offered downtown. Sanctioned camping, as a policy, generally involves part- or full-time police supervi- sion, which Venable argued is “like a jail” and not a shelter. Stacey Champion, a longtime advocate for the homeless in Phoenix, shared these A lawsuit filed earlier this month criticized the city of Phoenix for failing to take action to address concerns over a growing homeless encampment. concerns. “We certainly aren’t going to police ourselves out of this situation,” she told New Times. “Especially when there is literally no place for many of these folks to go.” When asked what he would tell advo- cates, Wurman said, “Our interests are aligned. We are not interested in criminal- izing homelessness. We are interested in finding solutions to the problem.” ‘Worst It Has Ever Been’ The lawsuit detailed the accounts of property and business owners in the area who have struggled with issues related to the Zone. The plaintiffs include the owners of the Old Station Sub Shop, a sandwich spot on Jefferson Street; the owner of PBF Manufacturing Company, a casket manu- facturer a block over; and a couple who own a gallery on 11th Avenue. Residents have had their windows smashed and cleaned up human feces from their lawns, the lawsuit said. Businesses have lost customers or shut down entirely, according to the suit, and some people can no longer access their property due to the tents lining the sidewalks. Photos throughout the lawsuit document trash covering sidewalks and police tape on street corners. The plaintiffs, the attorneys argued, have been “harmed irreparably” by the situation in their neighborhood. Venable pushed back on some claims in the lawsuit and said property owners should have considered the issues in the area before setting up shop. But some busi- nesses have been in the Zone for decades. Joseph and Deborah Faillace, plaintiffs in the lawsuit, have operated the sub shop since the 1980s. The situation in the area is “the worst it has ever been,” according to the lawsuit. The fates of the Faillaces — and the 1,000- plus people living on the streets downtown — now rest in the hands of a Maricopa County Superior Court judge. An initial hearing is likely in the next few weeks. 19 phoenixnewtimes.com | CONTENTS | FEEDBACK | OPINION | NEWS | FEATURE | NIGHT+DAY | CULTURE | FILM | CAFE | MUSIC | PHOENIX NEW TIMES AUG 25TH–AUG 31ST, 2022
