Cities enforcing camping bans is not cruel and unusual punishment, according to the Supreme Court’s majority opinion issued in Grants Pass v. Johnson on Friday.
The decision supersedes a Ninth Circuit ruling known as Martin v. Boise, that found cities can’t arrest someone for sleeping outside if there’s not adequate shelter space. The ruling created confusion for cities like Phoenix on how they can respond to homelessness.
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The city has grappled with this issue for years, facing dueling lawsuits over its response encampments.
In federal court, the ACLU of Arizona filed a lawsuit on behalf of Fund For Empowerment and others against the City of Phoenix over homeless sweeps and citations. In that case, a preliminary injunction prohibited Phoenix police from citing unsheltered people for camping if there's no shelter bed or other public space available.
A years-long DOJ investigation backed up claims in this lawsuit, finding the City of Phoenix and the Phoenix Police Department's treatment of the unsheltered population is unconstitutional.
The other lawsuit against Phoenix comes from Maricopa County Superior Court. In that case, property owners sued Phoenix for not doing enough to keep things clean and safe in “The Zone”, the downtown area that used to be the city’s largest homeless encampment.
In that case, the judge ordered the city to clear the encampment. Phoenix is appealing that order.
Amid the legal drama, the city’s added shelter beds and changed how it cleans encampments over the past few years.
Last month, Phoenix City Council passed an updated camping ban that, in part, bans camping within 500 feet of schools, parks and shelters. People in violation could face fines or misdemeanor charges. The updated ordinance goes into effect in September 2024, now with added clarity on how the city can enforce it from the Supreme Court.
"Obviously, we were very disappointed with the opinion," said Jared Keenan, Legal Director for the ACLU of Arizona. "It’s hard to think of a clearer example of excessive punishment than charging someone with a fine or even jail time for sleeping in public when there’s no place else for them to go."
As for the City of Phoenix, a spokesperson sent a statement over email:
The City of Phoenix has worked strategically over the last several years to balance court orders from two different lawsuits, community needs, and available resources to address homelessness in our community. The City will continue to lead with services and will not criminalize homelessness, while we evaluate our programs based on the court’s ruling today. The City is confident in the processes created by the Office of Homeless Solutions and supporting departments to address encampments in a dignified and compassionate manner, connecting our most vulnerable residents with services while preserving the quality of life in our neighborhoods for all residents.
The 2024 Maricopa County Point-in-Time Count found a decrease of 19 percent in unsheltered homelessness within the City of Phoenix and the first annual reduction in homelessness in Maricopa County since 2017. When offered diverse options that fit individualized needs, the vast majority of people experiencing homelessness will accept help and services. The City of Phoenix has prioritized creating more indoor shelter than ever before in the last several years. 790 new permanent shelter beds are planned for 2024 and 2025. 480 temporary beds were added in 2023 to serve people in need while the City continues to build permanent solutions. 592 permanent beds were also added in 2022. While we know shelter alone does not end homelessness, it is a crucial first step for many to connect with the right resources and support to end their homelessness. The City’s investments in shelter and appropriate services also help the City address encampments in neighborhoods, parks, transit stops, and other locations, alleviating public health and safety concerns.
The City is committed to its work in ending homelessness and recognizes that it requires comprehensive solutions such as affordable housing and prevention supports. The City will continue working diligently to create sustainable solutions for our community as a whole.
When the 12News I-Team asked for a response from Phoenix Police, a public information officer referred us to the city's Communication team and the city's Office of Homeless Solutions.
In the Supreme Court's majority opinion, Justice Neil Gorsuch wrote that enforcing bans does not apply to just homeless populations.
"It makes no difference whether the charged defendant is currently a person experiencing homelessness, a backpacker on vacation, or a student who abandons his dorm room to camp out in protest on the lawn of a municipal building,' Justice Gorsuch wrote.
However, Keenan is concerned that this decision will target people experiencing homelessness.
"Criminalizing homelessness is not a solution," Keenan said in an interview with 12News. "It’s actually counterproductive. It makes it more likely that folks experiencing homelessness are not going to be able to find stable housing and get out of that situation."
But not everyone agrees.
Steve Tully, one of the attorneys representing property owners in "The Zone" lawsuit, sent the following statement over email:
"We are very pleased with the Supreme Court’s decision in the Grants Pass case. The decision removes any impediment to the enforcement of city anti-camping ordinances and any excuse for their non-enforcement. We hope all cities will immediately act to eliminate these encampments, which in addition to restoring public safety and access to public spaces for all will, we believe, have the salutary benefit of forcing many individuals with drug addiction and mental disease to take the treatment they need."