On July 1, 2020, rows of tents were arranged in 12-by-12 squares on the asphalt ground that was cracking. These lots are situated approximately between Eighth and Ninth avenues from Madison to Jefferson streets. The photo captured by Madeline Ackley for the Arizona Mirror showcases the setup.
Advocates for homeless individuals in Arizona are concerned that the Supreme Court’s decision to uphold laws that criminalize sleeping in public areas may increase the likelihood of police violence. The fear is that the criminalization of sleeping in public places puts homeless people at risk of being targeted by police, potentially leading to physical altercations.
Last year, The Zone, Phoenix’s largest homeless encampment, made national headlines when a judge in Maricopa County mandated its clearance due to safety concerns raised by downtown businesses.
In November, hundreds of people were displaced as the encampment was cleared, leading to strong denouncement of the order by various advocacy groups.
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In June, the Phoenix Police Department came under scrutiny when the U.S. Department of Justice released a damning report after conducting a comprehensive investigation that spanned almost three years. The report revealed that the rights of homeless individuals were continuously violated by the Phoenix police through unlawful detention, citation, and arrest, as well as the improper disposal of their personal belongings.
In a 6-3 decision, the Supreme Court has validated a law in Oregon that prohibits sleeping outdoors or encamping in public spaces, affirming similar ordinances in Phoenix and other cities as well.
Those who support Arizona’s cause are concerned about the potential negative impact of the ruling.
In his statement, Justice Neil Gorsuch emphasized that homelessness is not a simple issue, as it has numerous root causes. Thus, tackling it would demand diverse public policy responses.
The ruling has raised concerns among advocates for homeless individuals across Arizona, including Jared Keenan, who serves as the legal director of the American Civil Liberties Union of Arizona. Keenan worries about the potential impact on the homeless population in the state.
Keenan expressed the severity of the punishment for fining, arresting, and imprisoning individuals who are forced to sleep outside due to the lack of shelter and affordable housing in Phoenix. She emphasized that this action criminalizes the mere act of being homeless, which the Supreme Court has unfortunately allowed cities to do. The situation highlights a clear example of excessive punishment for something that is beyond the control of those affected.
The state of Arizona has been facing criticism for its treatment of homeless communities for quite some time. The American Civil Liberties Union (ACLU) of Arizona took legal action in November 2022 by filing a lawsuit against Phoenix. The lawsuit accused the city of penalizing homeless individuals for sleeping outside and confiscating their belongings without prior warning.
Keenan criticized the city officials for relying too heavily on criminalization as their primary tool instead of using it as one of many options in their toolbox. “They should be using it sparingly, not as a go-to solution,” he added.
According to him, it is both unkind and ineffective to criminalize homelessness. He, along with other advocates, suggests that the solution lies in increasing the availability of cost-effective housing and social services. By addressing the underlying causes of homelessness, we can hope to make a meaningful impact on this issue.
Ann Oliva, CEO of the National Alliance to End Homelessness, emphasized that criminalization is not the solution to end homelessness. Rather, providing housing and supportive services that meet people’s wants and needs is the key to resolving homelessness.
According to her, the dearth of affordable housing is a crisis that is not limited to Arizona but is affecting neighborhoods across the nation. She emphasized the need for substantial investments at the federal level to tackle this issue, stating that it cannot be resolved without such measures.
According to the Arizona Department of Economic Security, the number of individuals without a permanent residence has risen by 29% between 2020 and 2023. Moreover, unsheltered homelessness has seen an alarming increase of nearly 73% in the last five years, as per the data provided by DES.
According to a report by the DOJ, over a span of six years from 2016 to 2022, more than one-third of all arrests made in Phoenix were of individuals who were homeless. The Justice Department deemed many of these stops, citations, and arrests to be unconstitutional.
Upon the Supreme Court ruling, the city of Phoenix released a statement that emphasizes its commitment to handling encampments with respect and empathy. The city’s objective is to put an end to homelessness while also preserving the well-being of all its residents in the neighborhood.
The city’s Office of Homeless Solutions made a statement affirming that they will prioritize services and not resort to criminalizing homelessness.
A federal judge in Arizona has made a ruling in December 2022, ordering Phoenix to put a stop to the enforcement of camping bans, as well as seizing property without notice and destroying property without giving the opportunity to collect it.
In October of last year, the court made adjustments to the order in accordance with a decision from the 9th Circuit U.S. Court of Appeals, a liberal court that deals with cases from Arizona, which pertained to a Grants Pass, Oregon ordinance.
In a landmark decision, the 9th Circuit ruled that targeting homeless people was unconstitutional, specifically citing Grants Pass’ law prohibiting the use of cardboard boxes, pillows, or blankets while sleeping in public. However, the Supreme Court overturned this ruling on June 28th in the case of City of Grants Pass v. Johnson.
The Justice Department report states that the Phoenix police department showed a blatant disregard for the 2022 and 2023 court order, repeatedly violating or ignoring it. Furthermore, the report highlights the fact that the department failed to provide adequate training to officers on how to follow the law, and did not supervise them to ensure compliance.
According to the report, although the confiscation of personal belongings showed improvement in areas that were easily noticeable, the operations in other regions did not comply with constitutional standards.
Seven individuals were arrested by officers for sitting and sleeping on a public sidewalk and were charged with trespassing. The Department of Justice deemed the arrests as illegal.
Despite their pleas, officers had to leave their belongings on the sidewalk.
As per the Department of Justice (DOJ), a woman pleaded with an officer to let her keep her belongings by saying, “Please. All my stuff is here. Everything. Please.” However, the officer responded by dismissing her possessions and saying, “This is all junk. There’s nothing.”
According to the DOJ, police have been found to toss away personal possessions while evicting homeless individuals. The report states that many people lost items crucial for their survival, like clothing, medicine, tents, and even Social Security cards. The DOJ even documented a case where a man’s urn, containing the ashes of a loved one, was discarded during such an eviction.
According to the report, a woman who was homeless lost her birth certificate when the city disposed of her tent. This unfortunate event made it impossible for her to secure housing.
Officers were reported to have shown disrespect towards a homeless man’s belongings, referring to them as “trash” while discarding them.
Arizona is experiencing rapid growth, making it one of the fastest-growing states in the nation. Unfortunately, the state is also grappling with a severe lack of affordable housing, which has only worsened its homeless crisis. Despite the city of Phoenix investing a staggering $140 million in shelters and other services for the homeless, the demand continues to exceed the available resources. This has resulted in an overwhelming number of people without shelter, highlighting the urgent need for more support and solutions to address this pressing issue.
According to Ben Laughlin, the policy and research coordinator at Poder in Action, a civil rights advocacy organization, the city tends to view unhoused communities as a problem rather than as human beings. Laughlin believes that the authorities find it easier to address the homelessness crisis by trying to incarcerate people rather than tackling the issue at its root.
Advocates are eager for policies that adopt a more sustainable approach than simply policing, despite the Supreme Court’s validation of the constitutionality of encampment bans.
According to Keenan, there is a fear that the city will intensify its efforts to criminalize individuals who are homeless. “We fear that the city’s going to double down on efforts at criminalizing people who are unhoused,” he stated.
