Phoenix bans homeless encampments near schools, daycares and parks

Lina PortmanMay 30, 2024

0 5 minutes read

Homeless people will be prohibited from sleeping, cooking and camping near schools, daycares, shelters and parks in the city of Phoenix starting September 1.

The City Council expanded its urban camping ban Wednesday in an 8-0 vote. Councilwoman Betty Guardado was absent.

The approval means people cannot sleep, cook and camp on city property or within 500 feet of Phoenix schools, daycares, shelters and parks if there is signage indicating the restriction . The city's previous order only applied to city buildings, parks and parking lots – not schools, daycares and shelters, and not within 500 feet of parks.

Wednesday's vote also eased penalties for those who violate the ordinance, going from a Class 1 misdemeanor to a Class 3 misdemeanor and limiting the fine to a maximum of $100. Other penalties for the Class 3 misdemeanor include jail time of up to 30 days and up to one year of unsupervised probation.

Phoenix Police Cmdr. Brian Freudenthal said the city will continue to take a leadership role in services and use the ordinance as an enforcement mechanism of last resort.

During an hour-long discussion, city council members stressed that their intention was not to punish but rather to “house people” and appease parents who worry about the safety of their children. children near homeless encampments.

“So no child has to walk past a row of tents on their way to school or play on a playground with tents stuck against their school fence. This is so that members of our community can feel safer going to our parks and that those receiving services are more likely to succeed if they are not surrounded by these encampments,” said Councilor Ann O’Brien.

O'Brien, who represents the northwest end of the city and spearheaded the new ordinance, said it would give the city more opportunities to persuade unhoused people to accept services and shelter.

His office led the initiative a year ago to create a Phoenix “community court,” which allows homeless people who commit minor crimes to participate in a rehabilitation program instead of a traditional court sentence.

“It's very important to me that we don't criminalize this population, that we make sure that they receive services, that people are held accountable for their actions but that they are given a helping hand,” said O'Brien on Wednesday.

Councilmember Laura Pastor approved the ordinance but expressed concern that the city would have difficulty enforcing the ban or, if it could be enforced, that it would start a cycle for homeless people in the system of criminal justice.

“I feel like we're putting something on the books for the sake of putting something on the books and there's no real enforcement or (ability) to put people where they need to be placed,” she declared.

Public commenters primarily spoke out against the ordinance, including Frank Urban, a former homeless man who was part of a lawsuit filed by the American Civil Liberties Union of Arizona against Phoenix over the encampment's cleanup.

Urban emphasized that unhoused people desperately need shelter that fits their usual circumstances. This could be a site with mental health services or a dog-friendly site, he said.

He shared his own story of being homeless and trying to rest in parks, but was repeatedly told to get up and leave.

“When will this cycle stop?” he said. “We need better options.”

The ordinance will take effect in about three months, which city officials say will give them time to inform the public about the changes. It also gives them time to evaluate the order after the U.S. Supreme Court issues a decision in City of Grants Pass v. Johnson.

The case asks whether criminalizing the homeless when there is no other available shelter amounts to cruel and unusual punishment, in violation of the U.S. Constitution.

Phoenix's continued work to reduce homelessness

Approval of the ordinance comes as Phoenix continues to work to reduce homelessness that experts attribute to a shortage of affordable housing, especially heading into summer, leading to fatal consequences.

In November, the city opened a structured campground for people experiencing homelessness, called Safe Outdoor Space. Later this summer, the city will open a sprawling 7-acre campus with homeless shelters and services at 71st Avenue and Van Buren Street.

In total, the city is expected to open 790 new permanent accommodation beds this year.

A recent snapshot of homelessness in Maricopa County recorded 9,435 people experiencing homelessness on January 23. This count represents a slight decrease in the number of people experiencing homelessness compared to last year and a significant increase in the share of people sheltered compared to unsheltered people.

City spokesperson Kristin Couturier said the improvement was “a direct result” of the city's “continued investment in creating new shelter beds and connecting people to emergency services.” Phoenix.”

At the same time, the city is also expected to lose about 480 temporary shelter beds by the fall, Couturier said.

“If all permanent projects stay on schedule, by the end of the year we will have a net increase of 250 permanent beds funded by Phoenix,” she said.

Help in progress:By approving homeless court, Phoenix aims to reduce recidivism

Council members question how effective new ordinance will be

As the city prepares to implement its new expanded camping ban, it also must avoid legal complications and deal with court orders.

Deputy City Manager Gina Montes previously told council members that federal requirements prevent the city from enforcing its camping ban unless there are shelter beds available or alternative space .

The city enforces its existing ban “on certain occasions,” Montes said, but it is “very careful about it,” so as not to violate the federal court order.

The requirements stem from the 2018 9th United States Court of Appeals case, Martin v. City of Boise. The court ruled that anti-camping bans were unconstitutional if cities enforced them without having adequate shelter space for those cited.

Phoenix is currently under a court order to stop clearing the encampment if there is no public space or suitable shelter available. The order came after the American Civil Liberties Union of Arizona sued the city in November 2022. The ACLU claimed officers were violating the civil rights of homeless people and improperly taking their property.

Since the ordinance was passed, it remains unclear how much, if any, public space exists where homeless people can legally camp.

City officials said they could not immediately answer the Arizona Republic's question.

Office of Homeless Solutions Deputy Director Scott Hall said his team is “usually” able to provide shelter services to people who say they want it the same day or the next day, although he noted that he was speaking specifically on behalf of his team and not general awareness.

When Councilman Kesha Hodge Washington asked City Attorney Julie Kriegh if the ordinance complied with the city court's order, Kreigh repeated the language of the injunction and said “staff are very good about it aware” as well as appropriate procedures.

Lina Portman

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