A new lawsuit has been filed against the City of Phoenix in connection with the city’s homelessness situation, just days before a Dec. 8 hearing on whether city officials must do more to protect the health, safety, and property rights of businesses and homeowners in an area overwhelmed by a homeless encampment.
The ACLU-sponsored lawsuit filed Nov. 29 in federal court lists the nonprofit Fund for Empowerment as plaintiff, along with two homeless persons who allege their personal property was unlawfully seized during a city cleanup effort, otherwise known as a “clean sweep.”
The City of Phoenix and Interim Police Chief Michael Sullivan are named as defendants in the lawsuit, which cites a history of clean sweep activities which often give homeless persons only minutes to leave a targeted area.
This has led, the lawsuit alleges, to the permanent loss of property that people cannot immediately carry away with them, including tents, blankets, medications, legal papers, and cell phones which city officials treat as being voluntarily abandoned during the sweeps.
Several constitutional claims are put forth by the ACLU in the lawsuit, including that the city is “unlawfully seizing and destroying” personal property without a warrant or due process.
While the ACLU case is just beginning, a Maricopa County judge will hear arguments Thursday in a lawsuit initiated earlier this year by several business owners and property owners who contend Phoenix officials have allowed a homeless encampment commonly referred to as “the Zone” to become a public nuisance.
Roughly 3,000 persons in a temporary shelter in Phoenix at any given time. However, despite nearly 600 shelter beds added within the city in 2022, there are still an estimated 5,000 homeless persons in Phoenix, including children.
Of those, 1,000 are believed to be set up at the Zone, a two block area near the Arizona State Capitol.
The Zone lawsuit filed in August argues city officials have not done enough to address the public health threats caused by the Zone, as well as trespassing and property crimes in the area and the impact to property values and a sense of security.
The Goldwater Institute filed an amicus (friend of the court) brief in October in support of the plaintiffs’ lawsuit. The brief also includes arguments of the “serious environmental nuisance” the Zone presents in violation of state law.
This week’s oral arguments to Judge Scott Blaney will address whether the judge should issue preliminary injunction requiring Phoenix officials to immediately take steps to abate the various negative impacts of the Zone.
One issue complicating Phoenix’s response to the overwhelming situation within The Zone is a 2018 federal court ruling that raises questions of the constitutionality of municipal ordinances outlawing camping or sleeping on public property when there is insufficient temporary shelters available. Several Arizona municipalities have altered their response to homelessness issues as a result.
MORE ABOUT THE ZONE:
Phoenix Businesses, Residents Sue City For Homeless “Humanitarian Crisis”