TUCSON, Ariz — Another major Arizona city is being sued by residents over the increase of people experiencing homelessness and officials failing to do anything about it.
This time, it's Tucson.
Residents filed the lawsuit against their city arguing that it has “failed to enforce laws against public camping and public nuisances” in the Navajo Wash Park north of downtown Tucson and the University of Arizona.
The lawsuit is modeled after a similar “public nuisance” suit filed against the City of Phoenix, slamming the city for conditions in the largest homeless encampment near the state Capitol, commonly referred to as “The Zone.”
Days before the Tucson residents filed their complaint, a Maricopa County Superior Court Judge ruled in favor of Phoenix residents and ordered the City of Phoenix to clear out the tents by Nov. 4.
“It was really our last option to seek legal advice,” said Adrian Wurr, one of the residents suing the City of Tucson. “I saw a news report on the Phoenix case. And I just followed the link for one of the attorneys.”
Ilan Wurman is one of the attorneys representing residents in Phoenix and Tucson and believes these cases could set a precedent, even outside of Arizona.
“We absolutely hope that other cities use our lawsuit as a model,” Wurman told the 12News I-Team. “People are desperate.”
‘Assume there are needles’
Tucson residents claim in the lawsuit that the conditions in the park are problematic, detailing acts of violence, fires, drug use and unsanitary conditions that they argue makes the park “unusable.”
“We are victims of crime, smash-and-grab crimes, mail theft, we are victims of seeing public acts of sex,” Wurr said.
He and his neighbors said in the lawsuit they have made numerous reports to the Tucson Police Department and the city in an effort to keep the park safe.
Wurr said he leads regular neighborhood clean-up efforts.
“I, myself, have cleaned up a tent with three men, just for a weekend, and there were over 100 syringes,” Wurr said. “It's dangerous. I have to tell the volunteers: ‘Assume there are needles.’”
The people who are staying in the park say they are desperate too.
“I've been jumped, I've been stabbed,” said Chris, who has stayed unsheltered in the park. “We should be helped. There's just too many of us out here. There's too much chaos.”
Chris told the I-Team he’s also turned to the city for housing, but doesn’t like staying in shelters.
“They tell me I'm on the waiting list and this and that – and I still hear nothing,” Chris said.
The City of Tucson would not comment on the lawsuit and did not agree to an interview about its approach to addressing homelessness. Instead, a spokesperson directed the I-Team to its homeless encampment protocol posted online and said the mayor and city council would receive legal counsel to determine next steps.
‘It’s not over yet’
While the lawsuit in Tucson is just getting started, Phoenix residents filed their suit in August 2022 - and are still waiting for the city to remove all tents from the Zone.
“What's left down there is actually worse than it's ever been,” said Joe Faillace, the owner of Old Station Sub Shop near 12th Avenue and Jefferson Street in Phoenix, just blocks away from the Human Services Campus at the heart of the Zone.
“It’s tough for the city,” Faillace said. “It just seems like the tents and everything is just like going right into the ground. It's just dirty and filthy. And it's very, very sad.”
The City of Phoenix intends to appeal the Superior Court judge ruling to clear out the encampments by Nov. 4. Still, the city has taken steps to address the encampment through “enhanced clean ups” and offering shelter options.
The Human Services Campus has shown a decreasing number of people camping in the area since the end of June.
In court, city attorneys said the city is committed to clearing all tents by April 2024.
The Human Services Campus’ latest count documented fewer than 500 people on the streets in the area at the end of September. At its peak, the data showed more than 1,000 people were camping on the streets.
Despite the progress and the victory in court, Phoenix residents still worry the city has a long way to go in clearing the Zone and addressing homelessness citywide.
“It's not over yet,” Faillace said.
A City of Phoenix spokesperson declined an interview about the lawsuit, but said in an email, the lawsuit has so far cost more than $220,000.
The Zone lawsuit timeline:
August 2022: Phoenix residents sue the city for “failure to address growing homeless crisis.” Neighbors said the unsanctioned encampment began growing in 2019, and worsened dramatically during the pandemic.
March 2023: Judge rules the city has to clear The Zone, and show progress by July 10
Spring and Summer 2023: The city begins “enhanced” cleanings in the zone and increases housing options for people living on the blocks near the human services campus. The population in the zone decreases from 911 people living in the encampment at the end of June to 475 staying there by the end of September
September 20, 2023: Judge rules the city must clear out the zone by Nov. 4th. The city says that the lawsuit has so far cost more than $220,000 and plans to appeal the ruling.
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