PHOENIX — To clean or not to clean? That could be up to a judge.
The City of Phoenix appeared in federal court Wednesday ahead of a planned deep cleaning of "The Zone," the city's largest homeless encampment, which at some point in 2022 had more than 1,000 people sleeping on the streets.
A federal lawsuit filed at the end of November by the ACLU claims the city's "sweeps" of homeless encampments are unconstitutional. The ACLU said it filed the complaint requesting injunctive relief that would stop the city's planned "enhanced cleaning" pilot expected to start on Friday, December 16th.
The organization detailed concerns that the property of a homeless individual could be taken or destroyed in upcoming "sweeps" or "raids." Some of their witnesses detailed in written declarations filed in court that they witnessed or had property destroyed before.
The City of Phoenix filed a response in court denying the ACLU's claims and asserted there were no "raids" or "sweeps" of "The Zone" occurring and that the planned cleaning Friday did not violate any constitutional rights. "The Zone" is a nickname for the encampment around 9th to 15th Avenues from Jefferson to Jackson Streets.
The city says its "enhanced cleaning" plan differs from cleaning sweeps done before January 2022, which are currently under investigation by the Department of Justice. The DOJ opened the investigation into the City and Police Department in 2021, partly looking at accusations that the city was trashing people's personal belongings like birth certificates or forms of identification. That investigation is ongoing.
"We will not be destroying any property"
The plan, detailed in federal court documents, is for the city to focus on the block of Madison St. between 12th and 13th Avenues for Friday's pilot. The cleaning is set to take place from 7 a.m. to 1 p.m.
Under the plan, people sleeping or staying on that block will be asked to move their tents and belongings to a staging area. The city testified there would be service providers to help those who might not be able.
After anyone staying on the block has cleared out, the city and other contracted cleaning crews will move in and start the cleanup. The city said the road would be closed during the cleaning, and people will be able to return to the street after the cleaning is over.
If no one is at an encampment, the city said it would wait up to two hours and then mark the encampment with yellow tape. The items will not be moved during the cleaning and will be left for seven days in their place, according to the plan. If no one returns to the property in seven days, the city said items would be moved to a storage facility at the Human Services Campus nearby, where people can claim their items for 30 more days. However, the city said items like birth certificates or IDs would be kept for a year.
The city said it held town halls and worked with partners to pass out flyers the past two weeks leading up to the cleaning.
“We will not be destroying any property during the cleanup," testified Rachel Milne, Director of Phoenix's Office of Homeless Solutions.
ACLU's argument
The ACLU questioned in court whether notice of the planned cleanup was sufficient for those living in "The Zone." The ACLU's attorneys also argued that property ultimately removed from the cleaning should be held for 90 days rather than 30.
ACLU attorneys continued to argue that the city had been accused of destroying property during cleanings before. The concern about any cleaning sweeps going forward could result in constitutional harm to those experiencing homelessness.
The ACLU also claimed the city violated a 2018 Ninth Circuit Court of Appeals ruling, Martin v. Boise, that prohibits the city from arresting someone experiencing homelessness for sleeping in public when there is no shelter space available. Attorneys for the city deny the claim, although they did admit the city currently does not have enough shelter space for everyone who needs it.
Judge's decision
Judge Murray Snow also honed in on whether the City had a policy on timeline for seizing or reclaiming property found in encampments outside of "The Zone." City staff testified it did not and treated cases outside of "The Zone" on a case-by-case basis that goes through the Phoenix C.A.R.E.S. process.
The city is also facing a lawsuit in Maricopa County Superior Court filed by property owners in "The Zone," who claim the City isn't doing enough to keep the area clean and safe for them or for those experiencing homelessness.
Judge Snow in the federal case, said he will plan to make a decision by the end of business Thursday before the city's planned cleaning Friday morning.
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