Tempe to strictly enforce its urban camping ban after SCOTUS ruling, Prop 312 passage

PHOENIX – In the wake of a related court ruling and state ballot initiative vote, the city of Tempe announced Tuesday that it will start strict enforcement of its urban camping ban.

The city said that first-time violators of City Code Chapter 23-90 will be offered outreach services and issued a warning. A person who continues violating the ban will be cited for a class 1 misdemeanor, which carries a penalty of up to $2,500 in fines and/or six months’ imprisonment.

The ordinance, which prohibits unauthorized camping on public property, was enacted in 1997 and updated in 2018. But enforcement had been on hold in recent years due to a federal court case.

Tempe Mayor Corey Woods discussed the issue after his State of the City address on Wednesday.

“We’re not trying to find ways to ticket people or add misdemeanors or things of that nature,” he said. “We’re going to continue to do things the Tempe way, to lead with our hearts and try to find ways to get people rehoused and connected to services.”

Why is Tempe reviving its urban camping ban?

The enforcement change is in response to two recent developments: the U.S. Supreme Court ruling in Johnson vs. Grants Pass and the passage of Proposition 312.

In a June opinion, the Supreme Court overturned a 9th Circuit Court of Appeals decision in the 2018 Grants Pass case. The appeals court, which has jurisdiction in nine Western states, had maintained that public camping bans in areas without an adequate supply of shelter beds constituted cruel and unusual punishment under the Eighth Amendment.

Then last month, Arizona voters approved Prop 312, which lets property owners seek property tax refunds from governing authorities that fail to enforce public nuisance laws. The measure was designed to address situations like the infamous Zone homeless encampment in Phoenix.

“At the end of the day, we have a responsibility at the city of Tempe to make sure that we are in full compliance with Arizona law and with the wishes of Arizona voters,” Woods said.

KTAR News 92.3 FM’s Colton Krolak contributed to this report.

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