PHOENIX — The City of Phoenix says local residents can't compel them to take action in addressing homelessness after a group of business owners filed a lawsuit last month, arguing an encampment in the downtown area had become a public nuisance.
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Lawyers representing the city recently filed a motion in court asking a judge to dismiss a civil complaint that accuses Phoenix of failing to enforce city codes around "The Zone," an area between 8th and 13th avenues that's become a dwelling for unsheltered individuals.
Plaintiffs say the city's lack of action has resulted in more property damage, a greater accumulation of trash and human waste, and dropping property values.
But the city's lawyers argue that residents "cannot use the courts" to direct Phoenix in making policy decisions when it comes to addressing homelessness.
"The City has discretion in how to enforce City code and state law," the city's lawyers wrote in recent court filings. "Neither the City's nuisance code nor state law contain a set of clearly defined circumstances where the City must act."
If the court were to accept the plaintiffs' theories, the city's lawyers say that would "open the floodgates of litigation" and allow any citizen to file a lawsuit whenever they don't approve of the government's actions.
"There is no dispute that homelessness presents one of the most pressing challenges for the City and communities nationwide," the city's court filings state. "The issue is caused by a multitude of factors, many of which are outside of the City's control."
In a count earlier this month, more than 800 people were sleeping on the streets in the downtown encampment area that's come to be known as "The Zone."
More and more people started staying there during the pandemic. Shelter beds at the nearby Human Services Campus are perpetually full.
A spokesperson for the City of Phoenix said that before the lawsuit was filed, the city had increased restrooms in the encampment area and continues to clean up the area three days a week
The City declined an interview Thursday regarding the recent filings in the lawsuit. Over email, a spokesperson said, in part:
"The purpose of the motion is procedural, designed to address technical and legal issues in the complaint. It does not take away from the City’s commitment to work on solutions with those involved in this complaint. The City is hopeful the parties can reach a resolution that will be acceptable to stakeholders including the plaintiffs and the community we serve."
The spokesperson also pointed out that the City has approved funding this year for shelters, increased affordable housing, and mental health services.
In August, a 12News I-Team investigation found the City had spent less than 10% of nearly $100 million dollars in COVID relief money allocated for homelessness and affordable housing.
During a Phoenix City Council meeting this week, city officials said Phoenix has spent $107 million on addressing homelessness since July 2021.
The council voted unanimously Wednesday to spend $931,000 on a contract with Lutheran Social Services to provide overnight emergency shelter to individuals experiencing homelessness.
An attorney for the Plaintiffs said they'll continue to fight this case in court.
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